In this July update our IP team members highlight key recent IP issues.
Intellectual Property Update - July 2018
- UK implementation of the new Trade Secrets Directive
- Louboutin prevails in red soles dispute
- Cartier loses to ISPs in landmark UK Supreme Court decision
- Sweet victory for Hotel Chocolat in 'slabgate' designs dispute
- Here's looking at .EU - The potential effect of Brexit on .eu domain names
- Brexit and IP - the story continues
- Pharma patent injunctions - in search of a proportionate solution
- New patents for old drugs?
The EU Trade Secrets Directive (2016/943) (the “Directive”), the implementation deadline for which is this month - June 2018, was drafted with the intention of harmonising the law governing trade secrets and providing a common standard of... Read more
On 12 June 2018 the European Court of Justice (CJEU) held that Louboutin’s red soles did not constitute a ‘shape’. This was a key finding under the rather technical rules relating to registered trade mark validity in the European... Read more
The long-awaited judgment in the case of Cartier International AG and others (Respondents) v British Telecommunications Plc and another (Appellants) was handed down by the UK Supreme Court last month, and BT and EE’s appeal that they should not have... Read more
Sweet victory for Hotel Chocolat in 'slabgate' designs dispute
Tom Collins and Kate Maguire explain how Hotel Chocolat succeeded where others have failed in the battle to remove ‘lookalikes’ from the supermarket shelves. Read more (published in Intellectual Property Magazine, requires subscription)
Technology Law from the Commercial, Technology and Media teams at Stevens & Bolton The European Commission recently issued a notice outlining the potential consequences that Brexit could have on the 300,000 .eu domain names registered in the UK and used... Read more
As we reported in our last issue, on 19 March 2018 the EU and UK published a draft Withdrawal Agreement indicating the points which had been agreed so far at the negotiating level. This was updated on 19 June 2018. Although strictly ‘nothing is agreed... Read more
The general rule is that if patent infringement is found the patentee will be entitled to an injunction to prevent future infringement, and in the vast majority of cases this is what happens in practice. The injunction is, however, a discretionary... Read more
New patents for old drugs?
Following a four day hearing in February, the Supreme Court’s judgment in the Lyrica patent case relating to drug repurposing is now eagerly awaited. Charlotte Tillett and Camille Arnold put the case in context. Read more (published in pharmaphorum)