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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Intellectual property specialists working with creative people and innovative businesses in the UK, Germany, Europe and worldwide

Colour purple case applied in English Court of Appeal

The Court of Appeal’s decision in 2014 on the registrability of Cadbury’s colour purple as a trade mark, in which Maucher Jenkins acted for Société des Produits Nestlé SA, has recently been applied by the Court of Appeal to another colour mark case.

Glaxo Wellcome UK Ltd and Glaxo Group Ltd (“Glaxo”) asserted that Sandoz had infringed its colour trade mark by selling an asthma inhaler called “AirFluSal”, a generic version of Glaxo’s very successful “Seretide” product.  In a ruling dated 15 June 2016, HH Judge Hacon declared Glaxo’s trade mark invalid, on the basis that it contravened Article 4 of Council Directive (EC) No 207/2009, because it lacked clarity, intelligibility, precision, specificity and accessibility, and would not be perceived unambiguously and uniformly by the public. 

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EPO Enlarged Board upholds partial priority for broadened claims - no more poisonous priorities or poisonous divisionals

Back in 2014 we wrote about the strict “same invention” rule used to establish whether a European (or UK) patent application is entitled to priority.  We wrote that...
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Unitary Patent - UPDATE

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two Regulations and an international Agreement, laying grounds for the creation of unitary patent protection...

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28 - 1

June - July 2017

ECTA 36th Annual Conference...

PATENT ISSUES SPRING 2017
Highlights this issue
  • EPO Increases its output
  • EPO enlarged board upholds partial priority for broadened claims
  • UK court sets FRAND rate  for 4G SEPs 
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UK Trade Mark Firm
of the Year

at the 2014 Managing Intellectual Property Awards

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