Case Reports

M&S v Interflora – the latest CJEU ruling on the use of keywords

Can use by a competitor of a trademark as a keyword in an advertising service, such as Google’s AdWords service, be restricted by the proprietor of the trademark? Services such as AdWords allow...

Patent Box moves a step closer

The Patent Box reaches another milestone. On the 6 December the Government will publish the draft legislation based on the public consultation in the light of its original proposals.

Industrial applicability, patents and the Supreme Court: HGS v Eli Lilly

In Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51, The UK Supreme Court overturned the High Court and Court of Appeal rulings and found that a patent met the requirement of...

Disclaimers (G 2/10)

The Enlarged Board of Appeal (EBoA) has ruled on the admissibility of disclaimers which disclaim subject-matter which is disclosed as an embodiment in the application as filed.

Human Embryonic Stem Cells Precluded From Patentability

In its judgement of 18 October 2011, the Court of Justice of the European Union (CJEU) has confirmed that human embryonic stem cells (hESCs) do not constitute patentable subject matter, given the ban...

Copyright wars over Stormtrooper helmet

The judgment of the Supreme Court in Lucasfilm v Ainsworth [2011] UKSC 39, has both confirmed earlier judgments as to when a three-dimensional item may not be protected by copyright as a work of...

Have your say: design right protection - effective or not?

In May 2011, a review, entitled “Digital Opportunity: A Review of Intellectual Property and Growth” (commonly known as “The Hargreaves Review”), was commissioned by the Government to assess whether...

All in the Mind? UK High Court Endorses Narrow Criteria for Patentability Exclusion

A recent High Court judgement regarding Halliburton’s Patent Applications ([2011] EWHC 2508 (Pat)) signals a new development in the way the UK Intellectual Property Office (UKIPO) handles subject...

Bitter battle for the Yorkshire rose

In a recent High Court judgement involving Samuel Smith and Cropton breweries the Hon Mr Justice Arnold stressed on the importance of mediation for resolving disputes quickly and cost efficiently.

The Importance of Being Registered: The Effect of Non-Registration of an Exclusive Licence

A Court of Appeal judgment in Schutz v Werit has clarified the effect on claims for costs of failing to register an exclusive licence.This judgment is a continuation of an earlier judgment, reported...

Interpreting Swiss claims: Ranbaxy (UK) Limited and AstraZeneca AB

This case raised the question of the proper interpretation of a medical use (“Swiss”) claim, and confirmed that they will generally be interpreted in the same way as a “specific use” second medical...

You may take my company and my trademarks, but you cannot take my name

A recent judgement from the Court of Justice of the European Union (CJEU) in case C-263/09P highlights the interplay between Community Trade Marks (CTM) and national rights.

Prior use rights and wrongs

One of the aspects arising from the judgment in Lundbeck v Infosint [2011] EWHC 907 (Pat) is the potentially narrow scope of prior use rights.

SPCs: When does a patent protect a product?

The law governing supplementary protection certificates (SPCs) is in theory harmonised within the EU. However, different interpretations have arisen with the result that there are presently nine...

Albert Packaging v Nampak Cartons: we didn’t copy your design, right?

The Patents County Court has handed down judgment ([2011 EWPCC 15) in a dispute between Albert Packaging Limited (“Albert”) and Nampak Cartons & Healthcare Limited (“Nampak”), regarding alleged...