Intellectual Property Update - May 2017

Stevens & Bolton’s IP team will be attending the 139th annual meeting of the International Trade Mark Association in Barcelona between May 20 and May 25 2017.  If you would like to meet with us there, please get in touch:

TOM LINGARD: tom.lingard@stevens-bolton.com
CHARLOTTE TILLETT: charlotte.tillett@stevens-bolton.com
ELAINE O’HARE: elaine.o’hare@stevens-bolton.com
 

An effective enforcement strategy is a crucial part of protecting any brand. Being over-zealous in the pursuit of infringers can, however, sometimes harm as much as it helps. Tom Lingard (Head of Intellectual Property) and Grace Merry (trainee) consider how to protect the brand without risking a public backlash. Read more

Patentees owning patents used in an industry standard are generally obliged to license those patents on fair, reasonable and non-discriminatory (FRAND) terms. However, the question of what constitutes a FRAND rate has long been unclear, creating commercial uncertainty for licensors and licensees alike.  In a judgment issued at the beginning of April 2017 the English High Court has set a FRAND royalty rate for the first time and given guidance about how such royalty rates should be calculated in future.

Two recent decisions, one by the English High Court and one by the Court of Justice of the European Union (CJEU) suggest that the days of watching pay TV for free on illegal set-top boxes may be numbered.

Filing for patents is often a key ingredient in securing the finance to develop and test new drug candidates. Charlotte Tillett (Partner and Head of our Life Sciences group) and Andrew Dodds (Senior Banking and Finance Associate) consider the implications of the Unified Patent Court for finance transactions.

Franchisors who are also the owners of registered EU trade marks (EUTMs, formerly known as CTMs) should be considering the likely implications of Brexit on their registered rights. In an article first published on the British Franchise Association website, Sarah Murray (Dispute Resolution Partner) and Elaine O’Hare (Senior Intellectual Property Associate) explore the issues.

21st Century life is moving towards more flexible and collaborative ways of working, and office environments are included in this shift. Tom Lingard (Head of Intellectual Property) and Grace Merry (trainee) explain why it is important that, in the midst of creative brainstorming and vibrant discussions, participants should keep one eye on their intellectual property rights. Read more