Intellectual Property Update - July 2016

Inevitably, the implications of Brexit for intellectual property in the UK has grabbed the headlines in the last few months. Please see our article below on this important topic. However, there has been much else going on too, both at EU and UK level. We set out below a series of short articles and updates by our IP team on recent developments and their practical implications. Do please contact us if you would like to discuss any of these issues further.

Contact our experts for further advice

Tom Lingard ,

Charlotte Tillett

Contents

Brand owners win website blocking orders
Brexit - The intellectual property questions
Far-reaching order for destruction of confidential information on ex-employees' computers
"IP Translator" declarations must be filed before 24 September 2016
Can lions own intellectual property rights under English law?
Why football players and managers should own their own trade marks
R&D collaborations - a route map
Scrape fear - the legal implications of data scraping
Trade Secret Theft: What will the new EU legislation bring?
Protecting your IP in a co-working space
Did McQueen copy a (bridal) train of thought?
IP team news - Exam success

Brand owners win website blocking orders

The sale of counterfeits through websites operated from outside the jurisdiction has been a thorn in the side of brand owners for many years. In a high profile decision the Court of Appeal confirmed that brand owners may obtain orders against UK Internet Service Providers obliging them to block websites offering fakes. There is no doubt that the decision is a positive one for brand owners, but how far does it really go in solving the problem?
Elaine O’Hare explores the implications for brand owners and ISPs alike.
Read the article, first published in Drapers' World
Brexit - The intellectual property questions

Intellectual property is one of the areas in which UK and European Union law is most intertwined. So how will Brexit affect intellectual property rights in the UK? We answer the most burning questions. Will there be any immediate changes? No. Under... Read more
Far-reaching order for destruction of confidential information on ex-employees' computers

In a case involving the alleged theft of confidential information by ex-employees, the High Court has granted a far-reaching interim order to secure the ex-employer’s confidential information in the period up to trial. The claimants, all companies... Read more
"IP Translator" declarations must be filed before 24 September 2016

This affects owners of EUTMs (formerly known as Community Trade Marks) applied for before 22 June 2012. If the specification of goods/services covers an entire NICE class heading then it may be necessary to file a declaration amending the specification... Read more
Can lions own intellectual property rights under English law?

In a recent case involving an animal act Mr Justice Birss in the High Court held that there was “much more than a merely arguable case” that performer’s rights subsisted in the act. The case inevitably calls to mind the well-known... Read more
Why football players and managers should own their own trade marks

In the midst of contract negotiations to bring Jose Mourinho to Old Trafford, it was reported 1 (and remains for all to see on the register of trade marks held by the UKIPO 2 ) that Chelsea Football Club, Mourinho’s former employer, owned... Read more
R&D collaborations - a route map

Research and development collaborations can boost competitiveness by enabling companies to pool existing knowledge or combine different specialties. However, the contractual pitfalls can be daunting.
Charlotte Tillett, and Astrid Arnold explain the key issues that R&D partners need to consider to safeguard their interests and provide a smooth start for their project.
Read the article - published in Scrip Pharma Intelligence
Scrape fear - the legal implications of data scraping

There’s no doubt that in today’s world Big Data means big business and it’s no surprise that companies are turning to alternative methods to learn more about their customers. One option is to extract information from customer websites by data scraping.
Tom Lingard and Aidan Grant explain how to navigate the legal landscape.
Read the article (page 36) - published in Data Centre News
Trade Secret Theft: What will the new EU legislation bring?

Following the recent introduction of enhanced trade secrets protection in both the EU and the US, Charlotte Tillett and Astrid Arnold consider what difference the new European Trade Secrets Directive will make, the impact of Brexit and how life sciences... Read more
Protecting your IP in a co-working space

Tom Lingard , Partner & Head of Intellectual Property and Raveen Sagar , Trainee offer advice on how to ensure your game is protected. Co-working is an increasingly popular trend that looks like it’s here to stay. The practice of... Read more
Did McQueen copy a (bridal) train of thought?

It is five years since William married Kate. But whilst the popular press is focussing on what Prince George is wearing in his first postage stamp, the UK courts are being asked to cast their mind back to 2011 and the intricacies of his mother’s... Read more
IP team news - Exam success

Congratulations to two members of the Stevens & Bolton IP team, Tom Collins and Henry Milas, who have just been awarded the Postgraduate Diploma in Intellectual Property Law and Practice by the University of Oxford. This is a one year, part time course for qualified lawyers who specialise in IP offered by the Oxford Law Faculty in collaboration with the Intellectual Property Lawyer’s Association. It is taught by senior IP practitioners and academics and enjoys the highest reputation in the intellectual property field.