Estonia has ratified the Agreement on a Unified Patent Court (UPCA). Estonia’s ratification means that the geographical protection provided by the Unitary Patent (UP) upon implementation will cover to at least 15 countries. The complete list of countries to have ratified the UPCA can be found here but must also include the UK and Germany […]
The long running patent dispute between Actavis and Eli Lilly (Lilly) has now reached its zenith, with the UK Supreme Court decision issued 12th July (see here). The Supreme Court allowed Lilly’s appeal and held that Actavis’ products directly infringe Eli Lilly’s patent in the United Kingdom, France, Italy and Spain. This momentous decision has […]
The UK has set in motion the legislative process to remove the final legal impediment to ratification of the UPCA. The UKIPO has confirmed today that the Unified Patent Court (UPC) related Statutory Instrument (the “Order on Privileges and Immunities”) has been laid before Parliament, alongside equivalent legislation for Scotland being scheduled for discussion in […]
Victoria Plum Ltd v Victorian Plumbing Ltd [2016] EWHC 2911 was a trade mark case in which the issues of keyword advertising and honest concurrent use were intertwined. The case highlights the fact that the ‘honesty’ of trade mark use can differ between the online and offline environments. The case also saw a successful counterclaim for […]
Please note: This High Court decision has been overturned and referred to the CJEU. Click here to read our latest update. In good news for pharmaceutical patent owners, the England and Wales High Court has confirmed here that an SPC is allowable for a compound that is not specifically identified in a patent but (a) […]
Tania Clark, partner and trade mark attorney said: “This decision is a blow for Nestle and its attempt to register a trade mark for the four-fingered shape of its KitKat chocolate bar, which began in 2010, has been rejected by the Court of Appeal. “The Court of Appeal’s decision means rival manufacturers such as Cadbury […]