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What you see is what you get – New EU trade mark regulation. In a bid to streamline processes and facilitate cooperation between Members States, European trade mark law has been going through the biggest reform since the introduction of the 1989...
Following proceedings brought by a German toy manufacturer, a regional court in Dusseldorf has recently ruled that one of Ferrari’s best known brands, Testarossa, is to be cancelled as a trade mark in Germany. Testarossa is the name of one of the...
Estonia makes it 13 for the UPC On 1 August 2017, Estonia became the 13 th country to ratify the Unified Patent Court Agreement (UPCA) when it deposited its instrument of ratification with the General Secretariat of the Council of the EU. All the...
‘Slants’ score potential touchdown for ‘REDSKINS’ “A man has a property in his opinions and the free communication of them.” - James Madison (1792). Known as the ‘Father of the Constitution’,...
Radical change to UK patent infringement law introduces doctrine of equivalents ​ In an unexpected development, the UK Supreme Court has overturned well-established UK practice on infringement, formulating a new infringement test that...
Despite the political chaos which has ensued following the inconclusive UK election result earlier this month, progress towards UK ratification of the Unified Patent Court Agreement (UPCA) seems to be back on track. The UK is one of three countries (along...
Breaking news: the German Federal Constitutional Court ( Bundesverfassungsgericht ) has, according to this report , ordered the Federal President not to ratify the Agreement on a Unified Patent Court. According to the report, this is due to a...
Nokia and Apple have a long history of patent litigation. For example, in October last year,  Nokia won a case in the US against Apple  going back to 2010, with Apple found to infringe a patent co-owned by Nokia. Soon after, in December...
The American Intellectual Property Lawyers Association (AIPLA) has just released a  proposal  to change the law on what kinds of inventions may be patented. This is the third call for a change of the relevant law in almost as many months,...
Although the surprise announcement that there will be an early General Election in the UK means that the final stages of the UK's procedure for ratifying the Unified Patent Court Agreement (UPCA) have temporarily been put on hold, Germany has...
Litigation concerning Supplementary Protection Certificates (SPCs) frequently involves referrals to the Court of Justice of the EU (CJEU), as reported here.  It is therefore refreshing that the UK High Court has just issued a decision in Sandoz v Searle...
In a surprise announcement this morning, British Prime Minister Theresa May declared that she will seek Parliament's approval for a general election on 8 June.   As many readers will know, the Unitary Patent and Unified Patent Court cannot...
Following the official start of the negotiations for British withdrawal from the EU, the UK Intellectual Property Office (UKIPO) has updated its  guidance  on the consequences of Brexit for intellectual property rights in the UK.   The...
Brexit Begins: what does this mean for your patents?   A few minutes ago the UK's ambassador to the EU handed over the "Article 50" notice which formally begins the UK's departure from the European Union.  While the...
In a recent landmark judgment (Fujifilm Kyowa Kirin Biologics v AbbVie Biotechnology [2017] EWHC 395 (Pat)), the English High Court has granted a novel type of declaratory relief which may be used to clear the route to market for a product facing a multitude...
Double Success for Dehns   Congratulations to Dehns Partner Elaine Deyes and Managing Partner Elizabeth Jones for their wins at the recent Women in Business Legal Awards 2017. Elaine won the award for “Trade Mark Attorney of the...
CRISPR-Cas9 is more than a quick and inexpensive method for editing genes; it is a revolutionary genetic engineering technique with enormous potential in healthcare, agriculture and industrial biotechnology (not to mention the ‘resurrection’ of...
Keeping Up With The Kylies   For many people, becoming a household name is a distant dream. For others, it is a reality that they are not willing to give up lightly. So much so that seeking trade mark protection for a name has become...
Under what circumstances are  Supplemental Protection Certificates (SPCs)  available for combination products? Numerous judgements by the Court of Justice of the EU have failed to provide a clear answer, so a fresh referral has now been made (...
We are delighted that Dehns has once again been ranked in the “Recommended” category of World Trademark Review’s annual “World's Leading Trademark Professionals” publication, with Dehns Partner, Elaine Deyes, singled out...
GM crops are not grown widely in Europe and the regulation of their growth varies across the EU. Spain produces more GM crops than any other EU state and whilst there is some limited production in a number of other countries, it is limited to a few specific...
According to a new announcement on the Unified Patent Court's website, the Preparatory Committee is now working on an assumption that the court will become fully operational in December 2017. Prior to this date there will be a "sunrise...
Breaking News: UK confirms that it WILL ratify the UPC Agreement At a meeting of the EU’s Competitiveness Council today, 28 November, the UK’s Intellectual Property Minister Lady Neville-Rolfe announced that the UK Government intends to ratify...
Intellectual Property Issues in Industry-Academia Collaborations If you have identified an interesting opportunity for a research or development collaboration and are discussing a potential agreement, then Intellectual Property (IP) is one of the key...
The dust has been settling across Europe in the 18 months following the resolution of the much publicised and lengthy “Broccoli/Tomato” patent wars.  The final position of the EPO’s Enlarged Board of Appeal (EBA) was that, in...