The European Court of Justice (ECJ) has ruled that the shape of the famous Lego man is still a protected trade mark after a rival firm challenged the registration. In September 2010, the ECJ rejected Lego’s appeal to protect a trade mark registration for its eight-studded bricks following a legal challenge brought by rival company, […]
In a recent decision the Court of Appeal upheld the finding of the Patents Court that the claimant, Astra Zeneca (AZ), should pay £27 million in damages to the defendants Krka and Consilient, as settlement of a cross-undertaking that AZ agreed to, as part of an interim injunction. This is said to be the largest […]
Where an undertaking has no paying customers in the UK for goods sold under a mark and therefore no goodwill, can a claim for passing off succeed on the basis of the mark’s reputation alone? This was the focus of a recent Supreme Court decision, a matter, as the presiding judge Lord Neuberger reflected, “of […]
In ongoing UK High Court litigation between Warner-Lambert and Actavis, Mr Justice Arnold has taken the unprecedented step of granting an order mandating the National Health Service (NHS) to issue guidance to doctors and pharmacists that the drug pregablin must only be prescribed for the treatment of neuropathic pain (a patented indication) under the brand […]
On 7 May 2015, the President of the European Patent Office, Benoît Battistelli, submitted an adjusted proposal for the renewal fees of the Unitary Patent for review by the Select Committee of the Administrative Council. The document, found here, begins with a brief discussion of the previous proposal. The first option in the previous proposal […]
A streamlined system for protecting industrial designs globally has been bolstered by the addition of two major markets – the US and Japan. With effect from 13 May 2015, the US and Japan have become official members of the Hague system, which allows applicants to protect their industrial designs in multiple countries simultaneously and cost-effectively. […]