Intellectual Property Update - September 2017

In this September update our IP team members highlight key recent IP issues.

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Charlotte Tillett, Tom Lingard
  1. Trade marks: Supreme Court confirms that criminal sanctions apply to grey market sales

    A person selling fake branded goods not only risks a civil action for trade mark infringement but may also commit a criminal offence punishable by up to ten years imprisonment or a substantial fine (S.92 Trade Marks Act 1994). In the case of companies, the... Read more
  2. Patents - UK Supreme Court broadens the scope of protection

    The claims of a patent are sometimes thought of as being like a fence, which encloses and defines the scope of the monopoly granted by the patent.  If so, the exact position of the fence is often a key subject of contention in patent litigation. In a... Read more
  3. UK Government sets out its position on civil judicial cooperation post Brexit

    On 22 August 2017 the UK Government published its position paper on judicial cooperation between the UK and the EU after Brexit. IP Partner Tom Lingard and IP PSL Astrid Arnold discuss the issues. Where commercial arrangements operate across borders it is... Read more
  4. New rules on portability of online content services

    Many online content services such as Netflix and Spotify already provide the facility for subscribers to access the service from abroad. This will become a legal requirement within the EU from 20 March 2018 under new EU rules (Regulation 2017/1128). The new... Read more
  5. Pharmaceutical patents: High Court strikes out health service claim for compensation

    In a decision handed down on 2 August 2017 the High Court has held that alleged fraudulent misrepresentations made by Servier during prosecution and enforcement of a patent relating to the anti-hypertensive prescription drug perindopril (Coversyl) did not... Read more
  6. How far can a garage go in using the marque?

    A brand owner cannot prevent an unauthorised dealer or maintenance service from using its registered trade mark to indicate that it sells or repairs the branded goods or that it is a specialist in such goods. However, if it goes further and uses the trade... Read more
  7. Amazon, Brands and the War on Counterfeits: A Guide to Protecting your Rights

    Given its extensive media coverage, few of you will have let the third annual Amazon Prime Day pass you by unnoticed.  However, Amazon’s success is down to more than just flash sales and impressive marketing campaigns.   From its... Read more
  8. Stevens & Bolton IP Team News

    We are delighted to announce that our specialist IP legal assistant, Joanna Morris, has qualified as a solicitor and now joins our IP team as an associate. Joanna has over six years litigation experience as a legal assistant and has been part of our IP team since 2013 assisting on a variety of contentious and non-contentious matters. She is a fellow of CILEx and has experience of matters in both the Intellectual Property Enterprise Court and the High Court.

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