Intellectual Property

Recent Articles

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  22.09.2023

  Netherlands

  EUIPO publishes report on Trade Secrets Litigation Trends in the EU

  In June 2023, the European Union Intellectual Property Office (EUIPO) published a report titled "Trade Secrets Litigation Trends in the EU" that delves into the patterns observed in trade secrets litigation following the implementation of the Trade Secrets Directive (Directive 2016/943/EU) in the EU member states. The report offers a comprehensive quantitative and qualitative analysis of trade secrets litigation trends within the EU, drawing from a dataset comprising approximately 700 national judgments rendered between 2017 and 2022.Trade secretsTrade secrets vary widely in their forms and contents....

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  12.09.2023

  United Kingdom

  UK Re-joins Horizon Europe

  On 7 September, the UK re-joined the world’s largest research collaboration programme, Horizon Europe. The decision has been welcomed by academics and life sciences businesses within the UK and the EU with hopes it will foster greater cross border collaboration between researchers after the UK’s three-year hiatus, enabling UK scientists to re-join the international research networks that they had built up over decades. From this date UK researchers are once again able to apply for grants from a pot of over € 95bn (£81 bn) and bid to take part in projects with certainty...

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  06.09.2023

  United Kingdom

  Address the Risk 2: Address for service rules expanded to EU imported rights

  The UK Intellectual Property Office (IPO) has announced new rules on the address for service requirements for trade marks and re-registered designs derived from EU rights retained post-Brexit. The new rules will apply from 1 January 2024 and will affect the owners of such rights who do not have a UK, Gibraltar or Channel Islands address for service.In January 2023, the UKIPO announced identical measures for UK trade marks, as well as marks originating from international registrations under the Madrid or Hague systems, which we discussed in a previous Law-Now (here). The UKIPO has now extended this...

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  29.08.2023

  United Kingdom

  Ready for ‘seismic changes’ to UK law in 2024? High Court considers impact of Brexit on trade mark infringement in internet advertising in “Advance Track” judgment

  Trade marks can be infringed by a competitor’s use of an identical (or confusingly similar) Google ‘keyword’. However, there must be evidence that this had an adverse effect on the functions of that trade mark (in particular the origin function), in accordance with established case-law from the Court of Justice of the European Union (“CJEU”). This is the position for now, until the key provisions of the Retained EU Law (Revocation and Reform) Act 2023 (“REULA”) come into force on 1 January 2024, removing the supremacy of EU law with respect to laws passed...

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  25.08.2023

  England and Wales

  Enforcing licence option rights: is it worth it?

  The recent decision in Exelogen Inc v. University of Birmingham highlights the challenges of enforcing option agreements for intellectual property rights and the difficulties of proving loss of profit-earning opportunities. The court dismissed Exelogen's claim for damages against the University, despite the University admitting breaching the option agreement.An option agreement is a contract that gives the right, but not the obligation, to enter into a further contract, usually within a specified time and on specified terms. In this case, the University granted Exelogen an exclusive...

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  21.08.2023

  United Kingdom

  Feel the glamour in pink: the com­mer­cial­isa­tion of Barbie

  In a recent interview with LexisNexis Kelly Saliger discussed the layers of IP involved in the creation and commercialisation of Barbie.  From copyright options to leverage in commercial negotiations – what’s worked well?  The article also considers collaborations and merchandising, basic contract terms including exclusivity and territory, the use of social media during promotion and how close is too close for social commentary and parody?What does the Barbie film mean for IP rights?‘Barbie’ is one of the most publicised films of the summer. What IP issues are...

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