Insights

If one posed to most EUIPO practitioners the question: ‘what do Champagne, sherry, chocolate, yoghurt and rice have in common?’ they may not have a clue. The answer is they have all been protected under the English law of extended passing off.

Using passing off as a way of opposing a later trade mark has had something of a chequered history during the time the UK has been part of the EUIPO system. The use of extended passing off brings with it a further dimension in that the owner of the goodwill is one of many, who claims that there has been some damage as a result of a misrepresentation.

However, the Indo European Foods decision has turned a corner on the understanding of this form of protection and reliance on it.

For all IP practitioners, ranging from those that draft patent specifications, through in house lawyers and outside counsel, that deal with pharmaceuticals, this case is a ‘must read’. For ‘big pharma’ itself, it is a welcome relief following (then) Arnold J’s first instance judgement on how claims with functional and structural limitations should be considered when attacked on the basis of insufficiency, in particular, a lack of plausibility and undue burden.

A Supplementary Protection Certificate (SPC) is a form of intellectual property that can extend the protection of patented active ingredients present in pharmaceutical or plant protection products by up to five years.

As a holder of intellectual property (IP) rights you have the tools you need to protect the results of your creativity and innovation. Patent owners benefit from exclusive rights to the invention claimed. The monopoly provided by your patent rights can really give you the edge in your market. But what should you do when an unauthorised party seems to be exploiting your protected technology and eroding your commercial advantage?

European patent law differs in some significant aspects from the law in other countries, in particular the United States. This note sets out some important features of European patent law to remember when preparing patent applications for Europe.

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 factors that will need your consideration. This article provides clear, practical guidance on how to approach the key IP issues that can arise before, during and after such collaborations.

With very few exceptions around the world, a patent will be invalid if an invention is disclosed publicly before a patent application is filed. Non-confidential disclosures of your invention to family, friends, suppliers, customers or anybody else must not be made before an application is filed.

International trade has grown substantially in size and importance, not least due to the explosion of e-commerce and budget airline fares. Trade marks have become even more valuable assets for expanding companies seeking recognition and reputation in overseas markets. Consequently, the protection of trade marks overseas through registration is strongly recommended to any United Kingdom individual or company planning to trade in its goods or services abroad.

Registering your trade mark gives you the exclusive right to use your mark in the UK in relation to the goods/services covered by the registration.

A Trade Mark is a sign which serves to distinguish the goods or services of one trader from those of another. Registering a trade mark gives the owner the exclusive right to use the mark in relation to specified goods or services. A trade mark can be a very valuable asset to a business.