Updates

The Unitary Patent System is on the way

We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle left to clear was sufficient countries ratifying the Protocol on the Provisional Application of the UPC Agreement to allow the provisional ap...

Tilting At Windmills

A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage burning smoking holes in the page in front of me. Someth...

G1/22 & G2/22: Entitlement to priority

Background As shown by the figure above, the applications in question are European stage of an application under the Patent Cooperation treaty (PCT) and its divisional applications. These applications claim priority from a priority application which li...

Failure to serve US company

The US member of an international group of companies has successfully disputed that it has been duly served via the office of its UK subsidiary. Background This case is a patent action against two defendants: (a) Zebra Technologies Europe Ltd (“ZTEL”...

Design Rights and Video Evidence Wrongs

ASR Interiors Limited v 1) AWS Trading Limited and 2) Giatalia International Limited A design rights case that provides an example of the wrong way to give video evidence. Background In 2020, the Claimant a Coventry-based furniture wholesaler ASR Inter...

CHINA TANG vs CHINA TANG

In a clash of a Cantonese restaurant called CHINA TANG and a Chinese takeaway also called CHINA TANG, the former succeeds. Background The Claimants in this case run a Cantonese restaurant called “China Tang” in The Dorchester Hotel, Park Lane, London ...

Popular tourist design held invalid

A design, which is no doubt familiar to most readers, has been held invalid by Recorder Douglas Campbell QC in a recent IPEC decision (here). Background The Claimant, Mr Erol, brought a claim against Posh Fashion Limited for infringement of his two re...