News & Commentary | Maucher Jenkins

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17 April 2025

Fashion Faux Pas - The Battle of the MKs

Author: Dr. Janet Strath

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28 March 2025

Is now the time to get your quantum IP in a coherent state?

Author: Timothy Young

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11 March 2025

Let´s talk about „about” and numerical data

Author: Dr. Manuel Kunst

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5 March 2025

Digital Service Act & Trademarks on platforms

Author: Carina Seifert

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21 February 2025

The obligation to use and the grace period in trade mark law

Authors: Dr. Ulrike Kaufmann (née Zorr), Jessica Bucher

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13 January 2025

Update regarding the jurisdiction of the UPC and the interpretation of Art. 83(4) UPCA

Authors: Dr. Ulrike Kaufmann & Janik Ludwigshausen

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7 January 2025

Unicity of a Design Requires Consistency of Views

Author: Dr. Janet Strath

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6 January 2025

A detailed summary of a recent UK Court of Appeal decision reinstating the invalidity of the UK trade mark

English court finds POST MILK GENERATION trade mark invalid for oat-based drinks and food products under retained EU agricultural product regulation

Author: Dr. Janet Strath

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9 December 2024

A court judgment clarifying the high requirements for the distinctiveness of minimalist geometric trade marks, focusing on Coinbase's rejected EUIPO application.

The protectability of figurative marks: the Coinbase case before the EGC

Authors: Dr. Michael Nielen & Anna Rendler

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2 December 2024

Summary of a legal decision by the UK Intellectual Property Enterprise Court regarding the WaterRower rowing machine. The court ruled that the machine is not a 'work of artistic craftsmanship' under UK copyright law, despite its aesthetic appeal and originality under EU law. This decision underscores challenges in securing UK copyright for functional designs with commercial intent

WaterRower copyright sunk by artistry requirement

Author: Dr. Janet Strath

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27 November 2024

explaining updates to EU design registration starting 8 December 2024. It will allow multiple designs across different Locarno classes in a single application, such as motor vehicles and vehicle lights, which were previously restricted. Benefits include lower fees: €230 for the first design, €115 for designs 2–10, and €50 for designs 11–50. However, from 1 May 2025, fees will increase (€350 for the first design, €125 for others), and bulk discounts will end. Encourages applicants to file before the fee hike. Service charges not included; contact for details.

Get your EU Design Applications filed before 1 May 2025.

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27 November 2024

EU Design Law: What is “normal use” of a component part of a complex product?

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20 November 2024

An article summarizing the updates introduced by the EU design reform, effective November 18, 2024. It covers changes to the Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, including the adoption of modern technology, animation, digital objects, 3D printing, and repair clauses. It highlights updates such as the expanded definitions of

A new design for EU design law

Author: Arjun Grewal

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29 October 2024

Social media posts can prevent design protection

Authors: Carina Seifert and Anna Rendler

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24 October 2024

The Price Is Right – ECJ preliminary ruling on the announcement of price reductions and the definition of the ‘previous price’

Authors: Michael Nielen and Fabian Bakus

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17 October 2024

Stronger than water? – The Higher Regional Court of Koblenz rules on advertising with the designation ‘IMMUN WATER’

Authors: Dr. Michael Nielen and Fabian Bakus

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11 October 2024

Action under the Unfair Competition Act by competitor permissible in the event of violation of data protection law

Authors: Fabian Bakus and Michael Nielen

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20 September 2024

Artificial Neuron Networks do not get special treatment before the UKIPO

Artificial Neural Networks do not get special treatment before the UKIPO

Author: Stefan Siegel

The UK Court of Appeal has overturned the decision of the High Court over patentability of artificial neural networ...

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20 September 2024

From Research to Market: Successful IP Management Between Universities and Startups

Collaborations between universities and startups are a key component for innovation and economic growth. Universiti...

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12 September 2024

Protection without an IP right? The trade secret complements the IP portfolio

Protection without an IP right? How trade secrets complement an IP portfolio

Author: Jessica Bucher

Companies are often confronted with the problem that information appears relevant even if it does not fall within t...

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4 September 2024

Patent Monitoring: An Introduction

Patent monitoring, also known as patent surveillance or patent watch, is the systematic tracking and analysis of ne...

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12 August 2024

Aga Rangemaster v UK Innovations & McGinley

If, like me, you have lamented the lack of UK case law relating to exhaustion in respect of non-pharmaceutical prod...

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17 July 2024

Breeding Success: Navigating Plant Variety Protection and Examination

Plant variety protection (PVP) is certainly one of the lesser-known IP rights. However, PVP is crucial in fostering...

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27 June 2024

Puma’s sole argument wears thin as General Court finds disclaimed elements of trainer designs were disclosed

Author: Dr. Janet Strath

The EU General Court has recently dismissed two appeals from EUIPO Board of Appeal decisions rejecting sportswear c...

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28 May 2024

question mark, down, x mark, wrong, No Jurisdiction of the UPC in Case of Ineffective Withdrawal of an Opt-Out - on the Interpretation of Art. 83 (4) UPCA and 5.8 RoP.

No Jurisdiction of the UPC in Case of Ineffective Withdrawal of an Opt-Out - on the Interpretation of Art. 83 (4) UPCA and 5.8 RoP.

Authors: Dr. Cornelius Mertzlufft-Paufler, Dr. Ulrike Kaufmann (née Zorr)

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13 May 2024

VR, virtual reality, virtual reality and IP

Developments in IP and virtual reality (VR) in 2024: trends and insights

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7 May 2024

Facebook: Data Processing and Transfer to the USA

Author: Peter Kaiser

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6 May 2024

EGC: ‘Pablo Escobar’ Cannot be Registered as a Trade Mark

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26 April 2024

STEM graduate careers in intellectual property

From Pi to IP - Why I decided to become a patent attorney

Author: Arjun Grewal

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25 April 2024

Is switching between systems the same as disabling one system and enabling the other?

Author: Stefan Siegel

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23 April 2024

smartphone, motorola, motorola dual-screen, mobile phone

Motorola dual-screen mobile device found not to be excluded from patentability

Author: Dr. Matthew Yip

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17 April 2024

Recent decisions on German utility model registration

Author: Dr. Thomas Gangolf

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20 March 2024

No Opting-back-in if there have been Earlier National Proceedings

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19 March 2024

Are escape rooms patentable?

Author: Dr. Matthew Yip

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18 March 2024

financial support, financial aid, financial bridge

UK Intellectual Property Office to launch new financial support scheme for SMEs

Author: Alex Slater

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14 March 2024

Reduced European Patent Office Fees for Micro-entities

Author: Arjun Grewal

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21 February 2024

Liability of the Applicant for a Precautionary Measure is to be determined Case by Case and based on the applied national legislation – two recent ECJ Decisions

Author: Dr. Manuel Kunst

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8 February 2024

Dream Pairs given red card for infringement of Umbro trade mark

Author: Dr. Janet Strath

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5 February 2024

The Apple (watch) that fell far from the tree

Author: Arjun Grewal

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15 January 2024

Has the Munich Local Division signalled a radical move away from EPO claim interpretation for the UPC?

Author: Timothy Young

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10 January 2024

mrna vaccine, covid 19, covid 19 vaccine

mRNA vaccine: Infringement proceedings postponed due to invalidation of a CureVac patent

Author: Dr. Manuel Kunst

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29 December 2023

EU Commission opens first proceedings under the DSA against X

Author: Carina Seifert

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28 December 2023

Compensation for data leaks under Art. 82 GDPR? The current legal situation regarding data scraping

Author: Carina Seifert

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20 December 2023

First instance declares German CureVac patent on mRNA vaccine against Covid-19 invalid

Author: Dr. Manuel Kunst

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13 December 2023

What is nuclear fusion?

Author: Arjun Grewal

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12 December 2023

26 October 2023

Orphan drugs - market exclusivity outside patent protection

Author: Dr. Manuel Kunst

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5 October 2023

Unitary patent - number of unitary patent applications in Europe

Author: Dr. Manuel Kunst

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28 September 2023

What a typical UPC action looks like so far

Author: Dr. Cornelius Mertzlufft-Paufler

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20 September 2023

Carbon Capture: Technology and Patent Landscape

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1 September 2023

Standard Essential Patents (SEPs): Do They Work for Smaller Businesses?

Author: Dr. Janet Strath

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17 August 2023

Man using laptop, woman reading business newspaper

26 July 2023

10 July 2023

EPO 10-day rule will cease to apply as of 1 November 2023

Author: Jessica Bucher

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26 June 2023

IP Rights at Trade Fairs

Author: Dr. Ulrike Kaufmann (née Zorr)

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12 June 2023

CJEU judgment of 24 May 2023 "EMMENTALER"

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10 May 2023

ECJ ruling: The claim for damages under Art. 82 GDPR requires proof of causal damage; no materiality threshold for non-material damage

Author: Dr. Michael Nielen

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28 April 2023

Here be dragons: copyright claim slayed in the IPEC

Author: Dr. Janet Strath

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19 April 2023

3 February 2023

5 December 2022

European Unified Patent Court – postponement

Author: Holly Whitlock

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24 November 2022

European Unitary Patent - EPO Transitional Measures to Begin 1 January 2023

Author: Johannes Lange

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8 November 2022

Registration of Granted UK or EP Patents in Various Jurisdictions Worldwide

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12 October 2022

European Patent Office and Federal Court of Australia confirm: No Right to a Patent with only a “Machine” (AI) as Inventor

Author: Dr. Manuel Kunst

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3 August 2022

Onerous EPO Guideline for description amendments remain

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9 June 2022

Court Finds Family-run China Tang Takeaway in Cumbria Infringed Park Lane Restaurant’s Trade Mark

Author: Dr. Janet Strath

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27 May 2022

War of the wardrobes: General Court finds registered design lacking individual character on the basis of a disclosed earlier design

Author: Dr. Janet Strath

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27 April 2022

UPC Update: Pros and Cons of Opting Out

Authors: Dr. Matthew Yip, Lucy Holt

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12 April 2022

Update to UK Supplementary Protection Certificates after Brexit

Author: Lucy Holt

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8 April 2022

Double Patenting in Germany and the UPC

Authors: Dr. Cornelius Mertzlufft-Paufler, Dr. Matthew Yip

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22 March 2022

European Commission announces consultation for a unitary supplementary protection certificate

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17 February 2022

A cautionary tale of draft judgments and email exploders

Author: Dr. Janet Strath

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25 January 2022

Unitary Patent Participating States

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21 January 2022

European Unitary Patent may begin in October 2022, and Applicants for European patents can defer grant if they want a Unitary Patent

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19 January 2022

European Practice: Is there risk in dividing a claim into two-part form? How useful is it to cite prior art in a patent application?

Author: Dr. Thomas Gangolf

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19 January 2022

Voxer app image with earphones and orange highlighter

The Formstein defence: the Gillette defence’s meta cousin, and when is communication live?

Author: Lucy Holt

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18 January 2022

19 October 2021

European Patent Office publishes landmark report into global innovation trends in plastics

Author: Reuben Jacob

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4 October 2021

5 August 2021

Artificial Intelligence as an inventor – accepted in Australia and South Africa

Author: Dr. Manuel Kunst

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7 July 2021

The prohibition of double patenting for identical European patents

Author: Dr. Manuel Kunst

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2 July 2021

Secretary of State for Health and another (Appellants) v Servier Laboratories Ltd and others (Respondents) [2021] UKSC 24 On appeal from: [2019] EWCA Civ 1160

Author: Reuben Jacob

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30 June 2021

EPO Board of Appeal upholds patent for a better-tasting barley variety

Author: Dr. Manuel Kunst

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16 June 2021

The Bentley Battle: Family firm triumphs over luxury car manufacturer in trade mark dispute

Author: Dr. Janet Strath

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10 June 2021

EU General Court rules no likelihood of confusion between Chanel's trade mark and Huawei's logo

Author: Dr. Janet Strath

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7 June 2021

Tackling online fakes on Amazon and other e-commerce platforms

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19 April 2021

Brunelleschi's egg and hindsight in patentability

Author: Johannes Lange

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13 April 2021

A win for LEGO in obtaining design protection before the EU General Court

Author: Dr. Ulrike Kaufmann (née Zorr)

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30 March 2021

Pliteq Inc v iKoustic Ltd: “Bait and Switch” claim fails against former distributor

Author: Dr. Janet Strath

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24 March 2021

Are the high requirements for preliminary injunctions against patent infringers justified?

Author: Dr. Manuel Kunst

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16 March 2021

Amazon.com cleared of targeting UK and EU in trade mark infringement action

Author: Dr. Janet Strath

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11 March 2021

24 February 2021

UK Government to hold consultation on exhaustion of IP rights

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24 February 2021

Chinese Patent Office seeks to limit flood of patent applications in China

Author: Johannes Lange

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15 February 2021

light bulb with a pile of coins surrounding it

20 January 2021

Our partners in conversation: Patents, Trade Marks and Designs in 2021

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14 January 2021

New international WIPO database of IP decisions

Author: Dr. Manuel Kunst

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11 January 2021

EPO searches on UK patent applications

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17 December 2020

y shaped antibodies floating on purple background

New EPO guidelines on antibodies

Author: Dr. Manuel Kunst

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17 December 2020

15 December 2020

Update on doctrine of equivalents in the UK

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11 December 2020

Will a utility model be available in Switzerland?

Author: Dr. Manuel Kunst

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4 December 2020

Maucher Jenkins files an invalidation action for DBRD against the BKS "Star of Life" trademarks at the German PTO

Author: Dr. Michael Nielen

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30 November 2020

laptop in background with light bulb thought face

Address for service rules - UK patents, trade marks and designs

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12 November 2020

Latest revisions to Chinese patent law

Author: Handong Ran

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28 October 2020

ECJ rules no new SPC for drug already authorised for different use

Author: Dr. Manuel Kunst

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22 October 2020

Sevenfold increase in battery technology patenting at the EPO, but not yet enough to save the planet

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15 October 2020

Wheely good result for BMW in the Patents Court

Author: Dr. Janet Strath

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14 October 2020

Patent infringement lawsuit against producer of wood pellets

Author: Dr. Gerrit Schultz

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8 October 2020

close up of browser window, website link image

CJEU decides on trade mark liability for independent acts by third parties

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8 October 2020

Nosecco’s Trade Mark Appeal Falls Flat

Author: Dr. Janet Strath

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30 September 2020

UK Supreme Court confirms that global licence of SEPs is FRAND

Author: James Cross

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11 September 2020

man on top of light bulb rocket with arrows pointing at the same direction

5 August 2020

Brompton wins ruling before CJEU over iconic bicycle design

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27 July 2020

Victory squared for Ritter Sport in trade mark battle with Milka

Key Contacts: Katie Cameron, Dr. Cornelius Mertzlufft-Paufler

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21 July 2020

IPCom v Vodafone: the Patents Court found IPCom's patent was valid, essential and infringed in amended form

Author: Dr. Janet Strath

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20 July 2020

General Court confirms differences between designs for wood-splitting tools insufficient to dispel impression of déjà vu

Author: Dr. Janet Strath

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14 July 2020

tropical fish swimming in fish tank with grass

Fishy design canned: the General Court finds it is not what is inside, but what is outside that counts

Author: Dr. Janet Strath

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9 July 2020

3 June 2020

An overview of the German utility model: the so called 'small patent'

Authors: Johannes Lange, Dr. Ulrike Kaufmann (née Zorr)

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1 June 2020

internet of things image coming out of a cloud

15 May 2020

bell peppers on chopping board background

G3/19 opinion issued - the final word on the patentability of animals and plants derived from essentially biological processes?

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1 May 2020

COVID-19 Support for Businesses

Key Contact: Reuben Jacob, Dr. Michael Nielen

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30 April 2020

The State Intellectual Property Administration of China proposes the 2020-2021 IP Protection Promotion Plans

Key Contact: Handong Ran

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25 April 2020

Shenzhen Nanshan Overseas Intellectual Property Collaborative Service Platform Event

6 April 2020

Innovation thrives in Scotland

Key Contacts: Reuben Jacob, Dr. Fiona Kellas

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3 April 2020

23 March 2020

28 February 2020

UK Government confirms no involvement in UPC

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27 February 2020

Artificial Intelligence deprived of IP rights?

Author: Dr. Manuel Kunst

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24 February 2020

CRISPR/Cas9 – High Stakes and Lessons for Patenting

Author: Dr. Manuel Kunst

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18 February 2020

rubber duck on top of yellow towel on green background

Rejection of infringement of design rights in baby bath leaves Shnuggle feeling blue

Authors: James Cross, Dr. Janet Strath

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14 February 2020

Shanks v Unilever: the sweet smell of success

Author: Dr. Janet Strath

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11 February 2020

Filing of Supplemental Data to support patentability of pharmaceutical inventions in China

Author: Dr. Manuel Kunst

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8 February 2020

IP rights in the context of artificial intelligence

Author: Dr. Ulrike Kaufmann (née Zorr)

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31 January 2020

Patents Court holds machine gun ammunition bag patent infringed but refuses damages inquiry

Author: Dr. Janet Strath

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28 January 2020

Pharma Update: More than one SPC for the Same Medical Product in case of a second Marketing Authorisation?

Author: Dr. Manuel Kunst

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24 January 2020

Patents Court finds Conversant patent invalid in smartphone dispute

Authors: James Cross, Dr. Janet Strath

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20 January 2020

Glaxo gets puffed out: High Court finds colour purple not distinctive for asthma inhaler

Authors: Katie Cameron, Dr. Janet Strath

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16 January 2020

Special requirements for belated appeal fee corrections under Rule 139 EPC

Author: Dr. Manuel Kunst

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3 January 2020

Fomanu AG v EUIPO: Genuine use does not extend to CDs, DVDs and software

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30 December 2019

EU Trade Marks & Designs under UK Withdrawal Agreement

Key Contacts: Katie Cameron

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19 December 2019

4 December 2019

28 October 2019

eu flag and uk flag signs in opposite directions

15 October 2019

Monopoly trade mark dispute reveals issues of genuine use

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11 October 2019

Adidas' branding battle over three stripes mark continues

Authors: Katie Cameron, Dr. Janet Strath

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10 October 2019

Trade marking a film title proves difficult for Constantin Film

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4 October 2019

Trade Mark Decision Goes Pear-Shaped for Apple Inc.

Authors: Katie Cameron, Dr. Janet Strath

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4 October 2019

16 September 2019

Conversant with Added Matter: Patent essential for telecommunications standard found invalid in FRAND dispute

Authors: Timothy Young, Dr. Janet Strath

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13 September 2019

CJEU considers effect of bad faith on trade mark registrations

Authors: Katie Cameron, Dr. Janet Strath

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13 September 2019

Foul play: EU General Court finds NEYMAR trade mark filed in bad faith

Authors: Katie Cameron, Dr. Janet Strath

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11 September 2019

Haas Formula I Car’s Stag’s Head Logo Bucked by IPEC

Authors: Katie Cameron, Dr. Janet Strath

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8 August 2019

Changes to USA Trade Mark Rules

Author: Dr. Manuel Kunst

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31 July 2019

Patent Ownership: Being an employee did not benefit Mr Kite!

Authors: James Cross, Dr. Janet Strath

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29 July 2019

Patents court hoses down allegation of prior use

Authors: James Cross, Dr. Janet Strath

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5 July 2019

High Court Grabs Gleissner by the Bigly Bad Faith Filing: Make Applications Great Again!

Authors: Katie Cameron, Dr. Janet Strath

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1 July 2019

IPEC Fashions Trade Mark Infringement Decision out of Repackaging and Resale of Bracelet Links

Authors: Katie Cameron, Dr. Janet Strath

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26 June 2019

A Formstein Defence to Patent Infringement in the UK?

Authors: James Cross, Dr. Janet Strath

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5 June 2019

13 May 2019

15 April 2019

Bringing Unresponsive Infringers to Heel

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30 March 2019

Mamas and Papas have a bumpy ride in invalidity application

Authors: Katie Cameron, Dr. Janet Strath

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22 March 2019

Post-Brexit Numbering of EU Trade Marks and Designs

Author: Katie Cameron

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8 February 2019

24 January 2019

IP Appellate Court Established in China

Author: Handong Ran

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23 January 2019

The Frand Zone: Huawei Loses its Appeal

Author: Dr. Janet Strath

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21 January 2019

8 January 2019

European Patent Applications: Focus on Morocco

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19 December 2018

Skating on Thin Ice: The Court of Appeal Expands on the Circumstances when an Immaterial Variant may Amount to Patent Infringement

Authors: Reuben Jacob, Dr. Janet Strath

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30 November 2018

Patenting Software in China

Author: Handong Ran

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21 November 2018

The Great British Break Off: trade marks and designs through the Brexit transition

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20 November 2018

A Swansong for the Unofficial Souvenir Trade?

Authors: Katie Cameron, Dr. Janet Strath

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8 November 2018

17 August 2018

Puma wins trade mark cat fight

Key Contact: Katie Cameron

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15 August 2018

Admissibility of fresh evidence: appealing summary of the principles

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12 August 2018

Cook-alike: do Spanish consumers have poor English?

Key Contact: Katie Cameron

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11 August 2018

CJEU confirms flexible deadlines for additional evidence are possible in certain cases

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10 August 2018

A tale of two letters: GC finds no likelihood of confusion between EW and WE

Key Contact: Katie Cameron

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9 August 2018

10 July 2018

Brexit: the implications for Trade Marks and Design protection and profession in the UK

Authors: Tanya Buckley, Dr. Janet Strath

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21 June 2018

21 May 2018

14 May 2018

Nintendo v Bigben: an over-broad defence for accessory-makers

Author: David Musker

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14 May 2018

Acacia, Audi and others: a broad defence for spare part makers – with strings attached

Author: David Musker

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14 May 2018

“Magnitone™” electronic facial skin care devices infringe L’Oreal’s RCD

Author: Katie Cameron

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14 May 2018

Generics v Yeda Research Doctrine of equivalents does not [yet] apply when assessing novelty

Author: Dr. Janet Strath

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14 May 2018

14 May 2018

person using an ipad with a cup of tea next to them

IP Considerations in Digital Health

Author: Dr. Fiona Kellas

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23 March 2018

IPEC holds wedding dress designs infringed: no happy-ever-after for ex-employees

Authors: Katie Cameron, Dr. Janet Strath

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22 January 2018

High Court throws out claim for loss under the 'unlawful means' tort

Authors: Reuben Jacob, Dr. Janet Strath

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16 January 2018

Actavis v Lilly: the madness begins

Authors: Reuben Jacob, Dr. Janet Strath

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3 January 2018

No cactus of peace: a prickly issue of genuine use

Authors: Katie Cameron, Dr. Janet Strath

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27 November 2017

17 October 2017

13 September 2017

Maucher Jenkins at the CPAC 2017 in Beijing

Author: Handong Ran

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12 September 2017

Unwired Planet v Huawei - the FRAND injunction

Authors: James Cross, Dr. Janet Strath

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15 August 2017

Humira patent rights shot by "Fujifilm declaration"

Authors: Dr. Manuel Kunst, Dr. Janet Strath

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14 August 2017

Policy shapes the law as Court of Appeal considers KitKat

Author: Dr. Janet Strath

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31 July 2017

UK Supreme Court grasps nettle of doctrine of equivalents

Author: Dr. Janet Strath

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5 June 2017

Compulsory Licensing under a Unitary Patent

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1 June 2017

Colour purple case applied in English Court of Appeal

Author: Dr. Janet Strath

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16 May 2017

Impacts of Brexit - Observations from China

Author: Handong Ran

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16 May 2017

UK court rules on patentability of aesthetic creations

Author: James Cross

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16 May 2017

14 September 2016

RGC Jenkins & Co and Maucher Börjes Jenkins combine to become Maucher Jenkins

3 August 2016

Result of UKIPO consultation on proposed changes to patent rules announced

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6 June 2016

Fortune favours the brave

Authors: Reuben Jacob, Dr. Fiona Kellas

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19 April 2016