Industry News and Articles

Details emerge on the German UPC Challenge

As reported  here,  Germany's ratification of the Unified Patent Court Agreement was unexpectedly put on hold earlier this year when a challenge against ratification was lodged at the German Federal Constitutional Court. Some details have now...

IP after Brexit: European negotiating position published

Yesterday the European Commission published a  position paper , setting out its starting point for Brexit negotiations relating to European intellectual property rights. Certain intellectual property rights are unitary rights covering all EU members...

Blow-out for Ferrari in trade mark battle

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 most...

Estonia makes it 13 for the UPC

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...

What you see is what you get with the new EU trade mark regulation

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...

'Slants' score potential touchdown for 'REDSKINS'

‘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

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...

UK moves closer to ratifying UPC Agreement

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...

UPC on ice - and it's not because of Brexit...

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...

Apple signs Nokia licence agreement to resolve patent litigation

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...

Proposal for change to US Patent Law

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, following...

UPC Update - Germany

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...

SPC for Darunavir - protection by Markush formula

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...

UK Election called: UPC timetable likely to slip

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...

Updated Brexit guidance from the UKIPO

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?

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...

UK Court steps in to limit opportunities for gaming the patent system

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

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...

The CRISPR-Cas9 Decision in a nutshell

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

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...

Supplemental Protection Certificates only for inventive advances?

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 (...

Dehns retains WTR ranking

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...

A new growth area for GM crops?

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...

UPC to become operational in December 2017

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

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...