In this September update our IP team members highlight key recent IP issues.
Intellectual Property Update - September 2017
Charlotte Tillett
Tom Lingard Contents
- Trade marks: Supreme Court confirms that criminal sanctions apply to grey market sales
- Patents - UK Supreme Court broadens the scope of protection
- UK Government sets out its position on civil judicial cooperation post Brexit
- New rules on portability of online content services
- Pharmaceutical patents: High Court strikes out health service claim for compensation
- How far can a garage go in using the marque?
- Online retail: a guide to protecting your IP rights
- Stevens & Bolton IP Team News
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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
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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
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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
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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
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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
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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
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In an attempt to combat online IP infringement, e-commerce sites are now required to provide reporting functions. Elaine O'Hare provides top tips to protecting your IP rights when retailing online in an article featured in Essential Retail. ... Read more
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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.