…covering the legal system; foreign investment, currency regulations and business vehicles.
IP: S52 copyright repeal repealed! download
Good news for those selling copies of iconic works as proposed repeal is put on back burner;
Offenders could face 10 years in jail.
Welcome decision redresses the previous imbalance between patentee and prospective licensee.
With concrete proposals for amendments to European copyright law not due until this autumn, now is a good time to take stock.
Canadian firm Gowlings has been increasing its global presence under CEO Scott Jolliffe for some time but truly becoming an international firm has proved difficult.
Community trademarks: what is the territorial extent of the requirement for use and acquired distinctiveness? download
Two recent decisions of the Intellectual Property Enterprise Court have raised interesting questions about the territorial requirements for use of CTMs by the proprietor.
The German Federal Court has delivered a judgment on whether the playing of background music at a dentist’s was a ‘communication to the public’.
The High Court has rejected an appeal against the refusal of an application for registration of the name CANARY WHARF as a trademark.
The Court of Justice of the European Union has delivered a ruling in respect of the distribution right set out in Article 4(1) of the Copyright Directive.
National and regional trademark laws will invariably stipulate that a trademark cannot be registered if its registration would upset accepted standards of morality.
Where the relevant public has a basic knowledge of Arabic, this should be taken into account.
We advise domestic companies (both public and private) as well as international companies on contractual and regulatory issues.
Maybe you should, before a cunning rival adds it to your online name.
Hashtage in the infringement frame.
ISP ordered to take measures against its subscribers.
The US Supreme Court was invited to overturn Brulotte, which would have aligned its licensing law with Europe. It failed to do so.
UPC Communications ordered to pay 80 per cent of the capital cost to set up a ’three strikes’ system.
Wragges joins forces with Gowlings to launch new international law firm.
Hospira v Genentech III: Swiss form claim obvious in view of paper reporting the existence of Phase III trial download
Arnold J has delivered the latest blow in the ongoing saga surrounding trastuzumab (the monoclonal antibody in Herceptin) and Hospira’s continued efforts to knock out Genentech’s patents.
In a dispute between Smith & Nephew and ConvaTech, the CoA has ruled that “between 1 per cent and 25 per cent” extends to all values = 0.5 per cent and <25.5 per cent.
Shoosmiths has announced the appointment of partner, Andrew Brennan, boosting the firm’s national intellectual property (IP) offering.
Eli Lilly succeeds in overturning award of DNIs regarding UK, FR, IT and ES designations of its European patent download
The Court of Appeal has delivered its long-awaited judgment in the Actavis v Eli Lillydispute, ruling that Actavis is not entitled to a declaration of noninfringement (DNI) of Eli Lilly’s European patent.
Turkey’s trademark law has been partially cancelled by the Constitutional Court – will it help bring forward a trademark code?
Irina Kirichenko, lawyer at Ilyashev & Partners, acted as a moderator at the session of the II International Forum on Intellectual Property.
‘Lego man’ shape mark ruled valid download
The General Court (Third Chamber) in Luxembourg has ruled that Lego’s mannequin shape CTM is valid. The good news for Lego follows the General Court’s 2008 decision that its registration for its brick shape was invalid.
Under new law owners of EU trade marks will be able to prevent counterfeit goods transiting through the EU.
The private copying exemption permitting copying of copyright protected content, including music, has come under attack in judicial review proceedings brought before the High Court.
Decision to allow CDs to be copied has been successfully challenged.
Joe Cohen, Head of Collyer Bristow’s IP team, has been elected chairman of the Anti-counterfeiting Committee of the European Communities Trademark Association.
This week’s top briefings writers from TheLawyer.com are drawn from the intellectual property arena. Read on for details on the new IP Act 2014, whether Pharrell Williams has been misjudged and dealing with the rush of applications to trademark ‘Je suis Charlie’
Technology can be utilised in a vast number of ways to and by franchisors. But it also creates questions for a franchisor to consider.
Pinsent Masons has announced the hire of Clifford Chance’s Munich IP head Marc Holtorf in continued growth for the firm’s German practice.
A round-up of the latest intellectual property issues, including parody and theatrical copyright, Instagram and copyright, an album copyright dispute, and Rihanna.
Advocate General Wathelet’s Opinion, of 11 June 2015, indicates that Nestlé’s unbranded KitKat finger shape will not be registrable as a trademark in the UK.
Bird & Bird is yet to release its 2014/15 financial results - but CEO David Kerr says the figures will show a “widespread increase” in revenue across all of the firm’s offices, mirroring the firm’s 2013/14 performance.
Meet the lawyers working in the billion-dollar world of gaming law; star human rights lawyer Imran Khan in the spotlight; law v accountancy; and more.
Also: consequences for infrastructure; competition law; the court system; and more.
Music industry set to enforce three strikes rule in Ireland for online copyright infringement download
In what appears will be the world’s first court-ordered graduated response system (GRS) aimed at stopping illegal downloading, the Irish Commercial Court has granted an injunction against UPC Communications requiring it to take measures against its subscribers at the request of Sony, Universal and Warner.
Wragge Lawrence Graham & Co’s intellectual property experts in Munich have worked with Ashurst LLP to advise Novacap Group on its acquisition of pharmaceutical company CU Chemie Uetikon.
The Court of Turin laid down an interesting ruling on the protection of the variety of forms of expression and creative contributions that may be related to the creation of commercial ads.
A decision of the ECJ regards the possibility of issuing a second valid supplementary protection certificate (SPC) concerning a further combination of two active ingredients.
‘Swiss’ form patent claims do not need subjective intent for infringement: Court of Appeal rules in Warner-Lambert v Actavis download
The English Court of Appeal has issued considered, well-reasoned guidance on the construction of patent claims in ‘Swiss’ form. The decision is likely to have impact well beyond British shores.
Lawyers from Tark Grunte Sutkiene’s Riga office have successfully represented a client in a litigation regarding trademarks.
Publishers have started taking legal action against overseas websites found to be breaching copyright laws.
The District Court of Milan dismissed the preliminary proceeding filed by Audermars Piguet Holding S.A, the famous Swiss luxury watches company.
CJEU confirms the decision issued by the General Court of the European Union that the three-dimensional trademark consisting of the shape of a cylindrical bottle had no distinctive character.
A settlement agreement between Stretchline Intellectual Properties Ltd (Stretchline) and H&M Hennes & Mauritz UK Ltd (H&M) precluded H&M from challenging the validity of the patent concerned.
Italy backs the unitary patent download
Patentees would avoid the need for a translation of the full specification into Italian.
Key indicators to consider when trying to assess the value of IP rights
£27m award for delays to generic capsules launch is upheld.
Decision clears the way for the launch of ‘generic’ patches
Bird & Bird has announced that it has applied to the Luxembourg bar for approval to launch in the Grand Duchy, its 28th office worldwide.
Across the EUniverse: the Patent Box; Horizon 2020 programme; incentives for innovations in IP; and more download
Across the EUniverse is designed to show why the EU is important: each month it follows and monitors different issues that are likely to have an impact on our daily business lives.
IP tax breaks in Italy download
Tax exemptions for patents and IP income.
Reducing the tax burden does not necessarily constitute state aid.
For Europeans the idea that special Italian and French foodstuffs, wines and spirits should be protected goes without saying. Americans think differently.
Adidas AG recently filed a claim against Marc Jacobs International LLC in the US Federal Court for allegedly infringing its iconic Three Stripes trademark.
Businesses displaying non-French trademarks on commercial signage do not contravene Quebec's language laws download
A unanimous decision of the Quebec Court of Appeal has confirmed that businesses are under no obligation to add a French-language description to their trademarks displayed exclusively in a language other than French
A consultation document on the court’s proposed fee structure has been published.
Chanel has successfully opposed the sign BOY CAPEL, based on its prior registration of BOY CHANEL, and other developments.
In a summary judgment decision, HHJ Hacon in the IPEC found that the registration by an employee of the defendant of domain names constituted passing off.
The claimant was the proprietor of the mark PUMA used in connection with sportswear. The defendant, a T-shirt design company, was the registered proprietor of the mark PUDEL (‘poodle’ in English), which was registered later.
In Maier v Asos Plc the claimant was appealing against a High Court decision that there was no likelihood of confusion between the defendant’s word mark ASOS and its own word mark ASSOS.
The music industry is no stranger to cases of copyright infringement.
In C More Entertainment v Sandberg the claimant was a Swedish pay-TV company that broadcasts ice hockey matches on its website, upon payment of a fee.
Katy Perry, following her performance at this year’s Superbowl, has since tried to register the Left Shark design as a trademark.
The General Court has delivered a significant ruling on the invalidity of a Community trade mark for lack of distinctive character.
China International Economic and Trade Arbitration Commission extends contract wit IP adviser
Cutting-edge antitrust issues debated by delegates at the meeting.
IP: Sky’s the limit for Skype download
Some surprising observations as court finds a likelihood of confusion between the earlier mark SKY and the requested mark SKYPE.
Genomics England relies on its GC to build the support systems so it can revolutionise patient care
Tomas Jakubauskas and Inga Malinauskaite from Eversheds Saladžius have participated at the conference on trademark and design protection in Lithuania and the EU.
Court of Justice of the European Union dismisses Spain’s challenge to the legality of the regulations establishing the unitary patent.
IP update, Indonesia, Malaysia and Singapore: advertising on social media; legal concerns over ‘m-commerce’; and more download
Also: no landlord liability in Malaysia; first ASEAN examining authority; protecting shape marks; and more.
When EU states can give wider copyright protection.
Italian hotel chain told to repay profilts after losing dispute over the letter W
Trademark rights in the new ’Eurasian Economic Union’.
On 21 April 2015, the Government of Canada announced its 2015 Federal Budget, which proposes certain innovator-friendly changes to Canada’s intellectual property regime.
A discussion of interim relief in recent cases, highlighting the importance of clarity and areas where it pays to be prudent.
The appeal against the High Court’s ruling of JW Spear & Sons Ltd, Mattel Inc and Mattel UK Limited v Zynga Inc was decided recently – what does the decision mean for brand owners?
Assos v Asos: no to a further appeal download
CoA also rejects invitations from the parties to refer various questions of law to Europe.
The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures.
The Knowledge Development Box is a corporation tax incentive for the development of IP, intended to attract foreign direct investment to Ireland.
It's my name! Community Trade Marks download
What protection does a Community Trade Mark confer? And how far does the own name defence extend? The Court of Appeal of England and Wales was split in a recent case.
A Shanghai-based team led by Dacheng IP senior partner Shang Jiangang and associate Yang Yuzhou has assisted enterprises in patent search and analysis.
The Legal 500: Europe, Middle East and Africa (EMEA) Directory 2015 has recognised Baker & McKenzie with high rankings across a range of practice areas.
JB Eversheds is recommended as a top-tier firm in the practice area of IP.
Geographical Indications have caused EU/US conflict for years but can agreement be found in the Transatlantic Trade and Investment Partnership? This paper suggests the solution must be rooted in IP law.
K&L Gates has become the latest firm to pick up a partner from Clifford Chance in Germany, recruiting the magic circle firm’s German trademark head Thorsten Vormann.
In March, MPs backed legislation for the plain packaging of cigarettes. Health campaigners have welcomed the news; tobacco companies have not.
Contrasting decisions involving applications for registrations of the respective marks GREEN SMOKE and GREENWORLD are instructive in highlighting registry approaches to the concept of distinctiveness.
Boeing recently filed a patent application related to the 3D printing of replacement aircraft parts – just one of an increasing number of filings related to 3D printing.
A round-up of cases including Nissan Jidosha KK v OHIM and OHIM, Opposition No B 2 340 704, eBay Inc v Omnicom International Holdings Inc.
Walker Morris has successfully acted for an applicant for invalidity in respect of the registered mark SOLAFIELDS.
The French Supreme Court has rejected an appeal by magazine owners against a decision of the Paris Court of Appeal that it could not claim infringement of marks MATCH and PARIS MATCH by the dating website Match.com.
A practice note has been published to address concerns that parties to hearings before the registrar are filing large volumes of irrelevant or unnecessary evidence
Copyright protection for ’artistic’ replica products is to be extended.
The steps you must go through to maintain your trademark in different regions are explained in this helpful Q&A piece.
The General Court and the Italian Tribunals disagree on the distinctive characteristics of Guerlain’s Samsara trademark
The submission of facts and evidence remains possible even after the expiry of time limits.
Dow Italy owned a trademark claiming the colour “pure blue” that it had used for more than 20 years. It sued AB Isolanti for using a similar colour…
The Italian Court of Cassation has ruled on plagiarism of a creative work, focusing on the requirements that the plagiaristic work should own to establish or avoid the infringement.
A strong indication as to the direction of travel of future legislation.
The implications of the draft Protection of Charities bill, which proposes significant increases to the Charity Commission’s powers.
Welcome clarity from the European Patent Office as to the scope of claim ‘examination’ in the course of post-grant amendment proceedings.
Finland’s JB Eversheds intellectual property team was top-ranked in Chambers Global 2015
SPCs and combination products: basic patent on a sole ingredient cannot double as basic patent for combination download
On 12 March 2015 the CJEU gave its ruling in Actavis v Boehringer Ingelheim, yet another reference from the UK courts regarding the interpretation of the SPC Regulation 469/2009.
Retailers must reassess their place in a world where businesses can manufacture products more cheaply and consumers could soon be making their own goods.
Small businesses offered IP toolkit download
A new toolkit has been launched for small businesses, to help them make the most of their intellectual property and attract new investments.
The CJEU has handed down its decision on an appeal brought by MEGA Brands International regarding the refusal of its application for the Community trademark MAGNEXT.
Amendments to the common regulations to the Madrid system for the international registration of marks download
Since the entry into force of the amendments, the International Bureau at the request of applicants continues to consider applications for the international protection of trademarks filed with irregularities
Khaitan & Co advised CTP Environnement on a suit against Sentro Technologies and Talmor Suchard, complaining of patent infringement.
Copyright is rarely discussed in construction and development projects, but any project that involves the creation of written work, plans, photographs etc must consider it.
They say imitation is the sincerest form of flattery. That may be so, but in the visionary world of fashion a brand’s signature style is the lynchpin of its long-term success.
A United States jury has found unanimously that Robin Thicke and Pharrell Williams’ 2013 hit Blurred Lines infringes the copyright in Marvin Gaye’s Got To Give It Up, first released in 1997.
Cooley has hired Reed Smith life sciences partners John Wilkinson and Nicola Maguire to join its London office as partners.
Malaysian firm Zicolaw has expanded its IP capabilities across the Southeast Asian region with the addition of a team in Thailand and additional personnel in Indonesia and Malaysia.
Arnold J decides what relief Enterprise is entitled to for infringement of its Community Trade Mark.
A round-up of cases including: Husky CZ sro v OHIM; Red Bull GmbH v OHIM; Environmental Marketing Ltd v OHIM; and Facebook Inc v Collector Consulting.
Mr Justice Birss has refused an application by the defendant in patent proceedings to re-open the trial and to permit it to amend its pleadings to plead new prior art.
A claim cannot be brought if the threat is not “groundless”.
Article 4(2) of the Information Society Directive provides that the exclusive distribution right of a copyright owner shall not be exhausted within the EU, in respect of the original or copies of the work.
A design applied to or incorporated in a component part of a complex product is considered to be new and to have individual character only if the component part remains visible during normal use.
When logos are created, the artwork is automatically protected by copyright and under English law the designer is the copyright owner even if the work is commissioned.
A recent High Court decision has clarified the different tests for infringement of copyright and UK unregistered design right.
The claimant owned five UK and Community trademarks, all featuring the word ‘supreme’ in respect of animal foodstuffs.
High Court writs download
Covered here are the different types of High Court writs that The Sheriffs Office, as High Court Enforcement Officers (HCEOs), act under.
A new IP tax regime, in line with the so-called “modified nexus approach”, is to be introduced in Luxembourg. This is aimed at creating a level playing field in the area of IP taxation.
Is a domain name a property right? download
The true ownership of a domain name and the type of rights therein are more complicated than they might at first appear
Arnold J has delivered a solution to the issue of a patent with claims in the ‘Swiss form’ but this is unlikely to be the last word in the saga. Life sciences companies – watch this space.
ELIG provides its clients with a complete range of legal services for protecting and exploiting all types of intellectual property and technology assets.
Development of 3D printers is on the rise and new companies are playing a vital part in developing the technology, reducing the costs and raising competition across the market.
An overview of recent regulatory changes in Kazakhstan regarding IP rights, in light of the establishment of the Eurasian Economic Union.
Arnold J does battle again with the complexities of European Trade Mark law in a dispute about the trademark SUPREME for foodstuffs for rabbits and other small animals.
The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trademarks based on the doctrine of ‘secondary meaning’.
Trademarks – the nature of ‘strong trademark’ of a certain mark is not sufficient to state its counterfeiting download
The Italian Court of Cassation ruled on the counterfeiting of the figurative trademark ‘Valentino’, owned by Valentino S.p.A., by the figurative trademark ‘Giovanni Valentino’, owned by Florence Fashion Jersey Ltd.’ –
The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trademark.
The Court ruled that the word mark ‘NANO’ for goods claimed in class 9 and 28 is to be deemed descriptive of the goods for which protection is sought and therefore invalid.‘ ’
A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.
Shoosmiths is celebrating a national award win for client service after IP partner Gary Assim was named the UK’s ‘Intellectual Property - Copyright’ winner at the Client Choice Awards, 2015.
A GRATA Law Firm representative took part in the International Legal IP Forum, held recently in Moscow.
Delhi High Court sets aside patent office order rejecting Gilead’s patent application for hepatitis C drug on procedural grounds download
On 30 January 2015, the Delhi High Court set aside an order dated 13 January 2015 of the Indian Patent Office rejecting a patent to Gilead Pharmasset Inc for a ‘blockbuster’ Hepatitis C drug.
HFN advised global electronic design company Cadence Design Systems in its acquisition of the high-speed interface IP assets of TranSwitch.
Parallel imports: when it is permissible to rebrand goods to the trademark used in the importing EU member state? download
The Court of Appeal has returned its judgment in parallel imports case Speciality European Pharma v Doncaster Pharmaceuticals.
Welcome to Collyer Bristow’s Art Matters, our newsletter covering all aspects of art law.
Olswang has hired a four-strong IP team from US firm Winston & Strawn to join its London office and has promoted senior corporate TMT partner Mark Bertram to head of corporate.
Artists' Resale Rights Regulations download
The Artists’ Resale Rights Regulations came into force to align creators of art with songwriters, authors, playwrights and screenwriters vis-a`-vis ongoing royalties for the exploitation of their works.
Brown Rudnick European IP head Alexander Carter-Silk has been advising the inventor of non-reusable syringes as the life-saving invention receives World Health Organisation (WHO) backing.
Founding and managing partner
Founding and managing partner
Because the protection of intellectual property has become a necessity in this increasingly global environment.
HFN has represented Walla! Communications in a successful appeal to Israel’s Supreme Court.
Egorov Puginsky Afanasiev & Partners Ukraine acted for a Benelux investor in an intellectual property dispute with a team of Ukrainian software developers and successfully negotiated an out-of-court settlement.
We represent many of the world’s best known IP owners in industries as diverse as FMCG, fashion, retail, IT, pharmaceuticals, e-commerce, biotechnology, energy, hotels, manufacturing and media/entertainment.
This article reviews a recent decision of the Danish Supreme Court which discussed the own name defence in trademark law.
As her album ‘1989’ reaches its 11th week at number one on the Billboard 200, it is not surprising that Taylor Swift is seeking to capitalise on the recognition which her lyrics are receiving.
Arnold J refuses to strike out Warner-Lambert's claim: construction of Swiss form claims is an issue suitable for the Supreme Court download
Arnold J has handed down a second decision in the dispute between Warner-Lambert and Actavis.
The Federal Court of Australia announced two further decisions that provide additional guidance to parties to a patent licence.
Annual patent review 2015 download
In his annual review of the year’s patent cases Wragge Lawrence Graham & Co’s Head of IP, Gordon Harris, delivers his verdict on the work of the IP courts in 2014.
The “favoured nations” or “most favoured nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, gets its fair share of use. This post explores its purpose and operation.
G-Star Raw v Rhodi and others — useful guidance on how to assess UK unregistered design right infringement download
G-Star Raw v Rhodi & Ors concerned the design of jeans. G-Star brought the action for infringement of design right in its ARC pant against Rhodi – the owner of the “Voi” brand of jeans.
A pioneering technology developed by a spin-out company from the University of Salford has been recognised for its ingenuity at the Times Higher Education Awards.
Wragge Lawrence Graham & Co secures a High Court win over design rights for worldwide denim specialist G-Star Raw.
IP consultancy Awapatent has picked up Bird & Bird Hong Kong IP rainmaker Ai-Leen Lim and a team of five for its Beijing and Hong Kong branch AWA Asia.
Oven Clean v Read case confirms that post-termination restrictions are valid under franchise agreements.
The Tunisian office of Eversheds, Eversheds El Heni, has made Emna Louati a partner.
The case concerned the sale by Topshop of T-shirts bearing an image of the popstar Rihanna.
A public spat between the chef Gordon Ramsay and his father-in-law has revealed that it’s not always the celebrity himself that signs memorabilia for his fans. Or, indeed, legal documents.
There are about to be some alterations to the list of ‘sensitive words and expressions’ that require permission before they are registered as part of a company name.
In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right.
Ice cream vans may not be an obvious inspiration for intellectual property litigation but they were the focus of the recent High Court judgment in Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd.
Medical Innovations Ltd v Eakins was a summary judgment application in litigation between an employee and his former employer.
Nestlé is the registered proprietor of two Irish trademarks, the word mark RANDOMS and the slogan LET YOUR RANDOM SIDE OUT in respect of confectionery.
The CJEU has ruled on whether jurisdiction is conferred on the courts of an EU member state to hear an infringement action where an allegedly copyright-infringing image is accessible on a website in that member state, but the website is hosted in another member state.
In International Stem Cell Corporation v Comptroller General of Patents ISCC made two UK patent applications relating to human stem cells.
Walker Morris’s review of trademarks includes information on the marks PIANISSIMO, TERRAFLEX, KENZO and SURBURBIA
The Chinese government has recently announced a policy decision to treble the number of patents filed by local Chinese inventors by the year 2020.
Employment Update: Winter 2014/2015 download
The latest employment update from Bates Wells Braithwaite looks at secondment and joint employment, clawback, holiday pay, significant updates to the law and other key issues.
Copyright: the exhaustion of the distribution right of a copyright-protected work does not apply in case of alteration of its medium download
The rights of a copyright holder where their work had undergone an alteration in form.
La moralité de ‘Je suis Charlie’ download
There have also been several attempts to register the phrase ‘Je suis Charlie’ as a trademark.
Patents — changes to reciprocity rules in the recognition of trademarks and patents between Italy and San Marino download
There was a recent agreement between Italy and the Republic of San Marino on the interpretation of art. 43 of the bilateral 1939 Convention.
Tomas Jakubauskas of Eversheds has been credited as a contributing author to Thomson Reuters’ new law book.
The Court of Milan ruled on a ‘lookalike’ case, whereby the company San Carlo Food Group claimed the imitation of the graphic elements of its package of chips by the competitor company Amica Chips.
The EU Court has ruled that the registration as a trademark of the shape of the worldwide-known puzzle invented in 1974 by Professor Erno Rubik is to be considered valid.
Patents — international stem cell case: the ECJ rules on the patentability of unfertilised human ovums download
With decision dated 18 December 2014 in the proceeding no. C-364/13, the Court of Justice of the European Union (hereafter, Court of Justice) has returned on the patentability of unfertilised human ovums.
Copyright — a new ruling from the ECJ on legal protection of databases and the applicability of contractual limitations download
With an important judgment rendered on Jan. 15, 2015 (Case C-30/14), the ECJ ruled on the conditions of applicability of the Directive No. 96/9, concerning the legal protection of databases in any form.
Warner-Lambert refused interim relief based on Swiss form claim: no serious issue to be tried regarding carved-out indication download
The English Patents Court has refused an application by Warner-Lambert Company (WL) for interim relief, mandatory in nature, regarding conditions to be attached to the launch of generic pregabalin by Actavis.
Paying for delay and patent settlement arrangements — the European Commission (at last) publishes the Lundbeck decision download
In 2013 the European Commission announced that it had fined H Lundbeck A/S in respect of infringements of Art 101 of the TFEU and the EEA Agreement. It has finally set out the basis for the infringements.
A quick guide to trademarks download
Trademarks give your business a unique, protectable brand which is readily identifiable by consumers.
The proposed Irish Knowledge Development Box regime will follow a similar framework to the Modified Nexus approach.
Hedge fund manager Kyle Bass plans to take on some of the world’s largest drug producers by challenging the patents that protect their top products.
A reminder to all brand owners when creating brand names to give careful consideration to ensuring they are original
In 2013 global pop sensation Rihanna took legal action against the retail giant and its parent company Arcadia for using an image of her on a T-shirt and succeeded in the High Court with her claim of passing-off.
A recent summary judgment by the High Court serves to highlight the role an audit clause plays when a licensor’s desire to police the use of its intellectual property conflicts with the licensee’s interest in preserving its own confidential information.
In association with Fox Rodney, Saunderson House and Thomson Reuters
Intellectual property is the next weapon in Luxembourg’s armoury of business offerings – but first it must past the EC ‘state aid’ test
Court of Appeal confirms no English celebrity image right but Topshop’s Rihanna T-shirt was passing off download
The Court of Appeal has delivered its decision in the litigation between Rihanna and Topshop, upholding the trial judge’s finding that Topshop’s unauthorised use of Rihanna’s image on a T-shirt was passing off.
HFN has developed areas of practice in order to meet the changing needs of its clients in Israel and around the world.
Topshop misses out at Court of Appeal.
Patent office issues ‘interim guidance’ reaffirming no per se exclusion to subject matter patentability download
Recently patent practitioners and US Patent Office examiners received additional, and much needed, guidance for determining whether certain types of inventions are eligible for patent protection.
International litigation boutique Kobre & Kim has launched its fourth office in the US in San Francisco, led by Kerr & Wagstaffe’s Michael Ng who joins the firm as a partner.
11 Stone Buildings deals with disputes as to copyright, design right, trademarks and patents as well as passing off, breach of confidence and privacy.
On 16 December 2014, the Judicial Panel for Economic Disputes of the RF Supreme Court (SC) 12 issued two court rulings on the Oriflame case and the Mary Kay case.
Bread might sound a little humdrum for an ex-Royal Air Force officer but Helen Selby has been able to spread her wings at freshly-sold Hovis.
Vehicle leasing wars over ‘E’ download
Enterprise Holdings Inc v Europcar Group UK and Another is worthy of comment for the number of evidential issues that the judgment addressed.
Our practice works with leading clients in the media and technology sectors.
Advising on the full spectrum of intellectual property (IP) matters, our intellectual property practice works with some of the region’s best-known brand and IP rights owners.
The Federal Court of Australia has announced two decisions that provide additional guidance to parties to a patent licence.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Lewis Silkin client, rental services provider Enterprise Holdings, has won a trademark logo battle against rival company Europcar at the High Court.
Sports, Media and Entertainment Intelligence: UK's anti-corruption plan; the rise of drones as an issue in sport; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
After months of speculation, brewing giant Heineken UK has confirmed DLA Piper as its principal external adviser for a three-year term.
DLA Piper’s life sciences ‘Patent extension strategies and antitrust global update’ video, we cover global antitrust and competition issues including:
This article looks at reforms to the UK Intellectual Property Office’s Opinions Service, which widened its powers.
Emmanuelle Ragot, IP/TMT partner, has been nominated by Who’s Who Legal as one of the world’s leading technology, media and telecommunications practitioners.
DLA Piper’s Mark Radcliffe, a Silicon Valley-based partner, has been chosen as one of 25 recipients of The Recorder’s first-ever ‘Innovator Award’.
US Supreme Court to review whether a reasonable belief of patent invalidity is a defense to induced infringement download
The US Supreme Court granted a writ of certiorari to review the Federal Circuit’s holding in Commil USA LLC v. Cisco Systems, Inc.
The European Union member states are preparing to introduce a new European Patent with Unitary Effect and a single Unified Patent Court with divisions located throughout Europe.
Patents directed to genetic material have been the subject of significant public discourse and legal challenge worldwide.
A court ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past.
Supreme Court Corner: Kimble v Marvel Enterprises; B&B Hardware, inc v Hargis Industries; and more download
This briefing from DLA Piper discusses three key intellectual property and technology cases: Kimble v Marvel Enterprises, B&B Hardware, inc v Hargis Industries and Teva Pharmaceuticals v Sandoz.
The FTC gets activist post-Actavis download
The Supreme Court ruled in FTC v Actavis that settlement agreements for patent infringement suits between branded and generic drug companies are not immune from antitrust scrutiny.
Arguably, Germany is the jurisdiction that has the most to lose with the introduction of the UPC.
From a foreign perspective, it is not easy to understand the difference between UP and UPC.
While a radical departure from prior practice in the EU, the concept of a European Patent with Unitary Effect will be familiar to US practitioners.
The introduction of a unitary patent and a unified patent court system is viewed as a very exciting prospect.
The dispute between Interflora and Marks & Spencer has taken yet another twist.
The dispute in IPC Media Ltd v Media 10 Ltd concerned the mark ‘Ideal Home’.
Birss J rules on product by process claim construction, extension of scope, added matter and obviousness in Hospira v Genentech.
The EU General Court has upheld the registration of the shape of the ‘Rubik’s Cube’ as a trademark.
The EU General Court has dismissed appeals against OHIM’s dismissal of opposition to registration of the figurative mark LOVOL.
The term of copyright protection for literary, dramatic and musical works is the creator’s life plus 70 years.
Stretchline applied to strike out parts of a defence filed by the retailer, H&M, to a patent infringement claim.
Under section 20 of the Copyright, Designs and Patents Act 1988 it is primary infringement of copyright to communicate a copyrighted work to the public without the owner’s consent.
One problem with keyword advertising is that keywords are often similar to trade marks and if you don’t get it right you can be dragged into costly infringement proceedings.
Memery Crystal partners led a LSE workshop on internationalisation for SMEs that have expanded or are interested in expanding their UK businesses globally.
Dacheng named ‘Excellent IP Service Provider’ for Beijing’s Zhongguancun Science Park.
On 7 December the final report was issued by Australia’s Financial System Inquiry. This briefing is a summary of the key points relevant to innovation.
The Intellectual Property Act 2014 aims to modernise copyright law and help designers and patent-holders protect their IP.
The Hong Kong privacy commissioner for personal data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance.
Sports, Media and Entertainment Intelligence: more good news for the creative sector; product recalls and brand reputation
The December issue of Sports, Media and Entertainment Intelligence discusses brand reputation, broadcasting, data protection, gambling and more.
DLA Piper has announced that the firm has been recognised in Law360’s global practice group rankings as a law firm with the largest practice group in eight specific areas of the law.
In a $40m patent case, the two firms missed an appeal deadline because none of the 18 attorneys reviewed the court’s order that started the appeals clock.
Ben Jones, partner and tax expert at Eversheds, has commented on potential new changes to the UK patent box in yesterday’s Autumn Statement.
On 31 July 2014, Fujian Tonghang Aviation Industry Co and Brumby Aircraft Australia signed contracts of joint venture. Dacheng advised Fujian Tonghang.
New copyright regulations came into force in the UK on 1 October 2014.
The High Court has handed down a decision clarifying the test for inherent distinctiveness of trademarks, and giving clarity to the treatment of foreign words used as trademarks.
Khaitan & Co has advised Cigital in relation to the acquisition of the entire issued share capital of iViZ Techno Solutions.
How can a company prove that its designer came up with a print independently?
Exotic trademarks have always been difficult to get on the register.
The Australian government has launched ‘Accelerating Commercialisation’, an initiative aimed at accelerating the commercialisation of intellectual property relating to new products, processes and services.
Beijing-headquartered IP firm Schmitt & Orlov is extending its reach in the Association of Southeast Asian Nations (ASEAN) region with the launch of an office in Laotian capital Vientiane.
The Court of Appeal has handed down a further significant judgment in the patent dispute between British Telecommunications and ASSIA.
Attorneys Peng Dingdai and Chen Jianyong from Dacheng’s Jiangxi office have been retained as commissioners of the Intellectual Property Office of Jiangxi province.
Bird & Bird is representing Assos, the Swiss company responsible for the first ever lycra cycling shorts, in a Court of Appeal (CoA) case against online retailer ASOS.
Christopher Rennie-Smith from Collyer Bristow gave a presentation entitled ‘Partial Priorities and Toxic Divisionals’ at the 15th open forum of FICPI.
Colibri Kazakhstan’s experts advise clients on legal, regulatory and strategic matters in the telecommunication and technology sectors.
Khaitan & Co has advised Saregama India and successfully opposed the grant of ad interim relief prayed by Ultra Distributors against Saregama India.
The PRC Supreme People’s Court has issued the provisions on the establishment of intellectual property courts in Beijing, Shanghai and Guangzhou.
Breaking ground for FRAND licences download
The opinion in the dispute opposing Huawei and ZTE sheds a bright light on the legal landscape for injunctions in SEP-FRAND licensing contexts.
BWB Briefing for Charities and Social Enterprises — several interesting reports about the role of trustees; and more download
Bates Wells Braithwaite has released the 20 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
Kering has successfully completed its acquisition of Ulysse Nardin from its former owners. Bär & Karrer advised the sellers in the transaction.
An application for a website-blocking order has been granted against an internet service provider in order to prevent trademark infringement.
From 1 October 2014, the UK Intellectual Property Office (UK IPO) has the power to revoke a patent of its own initiative.
The Community Trade Mark Regulation prohibits registration of trademarks that are devoid of distinctive character.
In Comic Enterprises v Twentieth Century Fox Film, the High Court ruled that the TV show infringed the figurative mark of a UK comedy club.
The media has reported that the Premier League is intending to clamp down on the unauthorised uploading of clips from televised football matches.
An application for registration of the name CANARY WHARF by Canary Wharf Group as a trademark has been refused.
The Indian Patent Office has issued guidelines so as to bring about uniformity in the examination of pharmaceutical patent applications.
The Court of Appeal has upheld a summary judgment on an application for a declaration of non-infringement of patent.
The design in issue in Cezar v OHIM was for a skirting board duct.
Bot has proposed that the Court of Justice should dismiss both of Spain’s applications for the annulment of EU regulations relating to the Unitary Patent package.
The International Business Structuring Association conference focused on ‘Trends in Cross-Border Corporate Acquisitions’.
Adidas group IP general counsel Tim Behean has moved to a new role in private practice as a director for IP boutique Sipara.
One current hot topic ‘good faith’. Can it be implied into contracts? If so, what would that mean in practice?
The Honorable E Leo Milonas of Pillsbury has been named to a committee formed to review the proposed adoption of the Uniform Bar Exam in New York.
Copyright collecting societies should be more sensitive when dealing with small businesses, according to a trade body.
Thanks to Richemont, trademark owners are now able to compel ISPs to block access to websites that advertise and sell counterfeit goods.
The claimant, IPC Media, is the publisher of the Ideal Home magazine. The defendant, Media 10, runs the Ideal Home Show.
CJEU zooms in on framing download
The CJEU has held that framing copyright-protected videos is not an infringement, even if the framing occurred without the permission of the copyright owner.
BWB Briefing for Charities and Social Enterprises — FAQs for charities on the impact of the Lobbying Act; and more download
Bates Wells Braithwaite has released the 13 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
BDK has launched a new life sciences and healthcare practice group, which combines the firm’s existing capacity in various areas.
The Legal Group of the Preparatory Committee has completed its examination of the 16th draft of the UPC Rules of Procedure.
Cyber security — blanket? download
Tim Ryan guides us through the cyber-security puzzle with five useful recommendations.
The Court of Appeal has overturned the High Court ruling that M&S had infringed Interflora’s trademark rights in its name by purchasing and using it as a Google Ad-Word.
Australian Full Federal Court confirms position on the patentability of computer-implemented business methods download
The Full Court of the Australian Federal Court has handed down its much awaited decision in Research Affiliates LLC v Commissioner of Patents.
The firm covers all facets of IP law by combining the skills of its commercial and litigation IP lawyers and providing a specialised service to clients.
Base Erosion and Profit Shifting (BEPS) is the base erosion referred to as the tax base and its implications for future tax structures.
IP lawyers from Wragge Lawrence Graham & Co have secured an important Court of Appeal victory for US client ASSIA against BT.
Cooley is certainly taking its time when it comes to setting up shop in the UK.
In Teva v Leo, Mr Justice Birss was asked to decide whether two patents relating to a combined formulation for treatment of psoriasis were valid and infringed.
DLA Piper partner Patrick Van Eecke took part in a panel last week aimed at helping Google decide which principles should be used when removing content.
Copyright holders are being urged to claim their rights following the launch of a licensing scheme that will enable reproduction of ‘orphan’ works and performances.
At the third outing at the Court of Appeal, Marks and Spencer (M&S) was successful for a third time in overturning a decision of Mr Justice Arnold.
Chambers UK has placed Wragge Lawrence Graham & Co in 43 categories, 17 of which are in Band 1.
Kemp Little and Kemp Little Consulting have celebrated the first anniversary of the launch of the consulting firm.
Eversheds has strengthened its international intellectual property (IP) and life sciences offering with the hire of partner Gunther Meyer.
Fiscal state aid: atomic alarm download
On 5 November 2014, a group of journalists placed about 540 rulings granted by the Luxembourg tax administration to some 340 companies active in a large number of industries.
Bär & Karrer has advised the banks in Molecular Partners’ initial public offering (IPO), which closed on 7 November 2014.
The Richemont Group has secured a landmark website blocking order against the five main retail internet service providers in the UK.
Will the Federal Circuit bring definiteness to the US Supreme Court’s new standard for indefiniteness? download
Patents are required to ‘conclude with one or more claims particularly pointing out and distinctly claiming the subject matter that the applicant regards as [the] invention’.
The song ‘Heartbroken’ by T2 was released in 2007 featuring vocal recordings from Jodie Henderson, through the record company All Around the World Recordings.
Investments — Nabarro’s top 10 tips download
Nabarro offers its top 10 tips when taking investment into your start-up.
Kings Chambers’ Paul Johnson has been ranked in the top 10 of barrister mediators nationally in the Chambers and Partners UK Guide.
Finnish law firm Juridia Bützow is set to join Eversheds International, further broadening the international reach of both firms.
Copyright — AGCOM regulation relating to online copyright protection is at risk for unconstitutionality download
TAR has expressed doubts about the constitutionality of the regulation by which AGCOM has intervened for copyright protection on electronic communications networks.
Copyright — a new request to the ECJ in relation to the exhaustion of the right of distribution of original works download
The Supreme Court of the Netherlands has requested the ECJ — in proceedings C- 419/13 — to issue a decision on a number of prejudicial issues.
Copyright — the Court of Rome rules in favour of copyright protection of a work of industrial design download
The Companies Section of the Court of Rome has issued an interesting decision in relation to the issue of eligibility for copyright protection of works of industrial design.
Trademarks — Gucci vs Guess: the Florentine fashion brand wins (partially) the second round download
The Court of Appeal has partially upheld the appeal promoted by Gucci versues Guess by recognising the existence of unfair competition acts.
Protection of know-how in oil and gas technology transfer agreements (patent vs trade secret and regulatory issues of fracking) download
In order to understand the meaning of ‘transfer of technology in the oil and gas industry’, first we have to determine the term ‘technology’.
Bär & Karrer has advised Garnero Group Acquisition Company on its entrance into definitive agreements with WISeKey, a mobile cyber-security provider.
Eversheds has merged with Finnish full-service firm Juridia Bützow to form JB Eversheds.
Few publishing houses can compete with Cambridge University Press on history or prestige but, as general counsel William Bowes knows well, that comes with a back catalogue of challenges
The Americanisation of UK law is coming - so what are firms doing about it?
UK Supreme Court’s decision in Servier v Apotex: enforcement of injunctive cross undertakings download
The Supreme Court has dismissed Servier’s appeal from the decision of the Court of Appeal.
Supreme Court holds patent infringement not ‘turpitude’/‘illegality’ for the purposes of the defence of illegality download
The infringement of a patent does not constitute ‘turpitude’ for the purposes of the defence of illegality (Les Laboratoires Servier & another v Apotex Inc).
Pillsbury has announced that Kecia J Reynolds has joined the Northern Virginia office as a partner in the firm’s intellectual property practice.
Guidance on interaction between UK and EPO proceedings and scope of cross-undertakings in damages required for injunctions download
In Actavis v Pharmacia, Arnold J issued two important judgments regarding the interaction between UK patent actions and opposition proceedings at the EPO.
Within a week of his judgment in Cartier v Sky, Arnold J has handed down his decision in another request for website blocking orders.
Edward Wildman Palmer’s London head Nick Bolter no longer has a formal stake in managing the firm’s City base.
Khaitan & Co has advised King.com to successfully enforce its rights in the artistic works and trademarks embodied in its game CANDY CRUSH SAGA.
Requirements for parallel importers of pharmaceuticals into a jurisdiction with patent or SPC protection download
Jääskinen has discussed the requirements to be complied with when a parallel importer wishes to import a pharmaceutical into a jurisdiction with patent or SPC protection.
Law à la Mode — understanding the EU Consumer Rights Directive; free zones in the UAE; unregistered design rights; and more download
The German editorial team presents the 14th edition of Law à la Mode, the quarterly legal magazine brought to you by DLA Piper’s fashion, retail and design group.
All-In@EiG 2014 — gaming in the cloud; patents on gaming and gambling technology; legal issues surrounding Bitcoin; and more download
To coincide with the 13th European iGaming Congress and Expo, DLA Piper’s gaming team has launched All-In@EiG 2014.
The Company Names Tribunal was set up to adjudicate disputes arising under section 69(1) of the Companies Act 2006.
The Court of Appeal has found that the extensive use by Specsavers of its green, shaded trademark is enough to constitute genuine use of its wordless mark.
The decision in Cartier International & others v B Sky B Ltd & others marks the first website blocking order awarded to a brand owner.
Shoosmiths is backing the 2014 Design Manchester festival through its keynote industry address ‘North — the great debate’.
UK and Europe: prioritising privacy download
Law firms and clients that are caught unaware of changes to international data protection legislation risk heavy fines.
Cartier has been successful in obtaining an internet blocking order against ISPs to stop access to third-party websites offering fakes or counterfeit products.
Specsavers has triumphed in a five-year trademark battle which went all the way to the European Court of Justice, having switched from Eversheds and Blackstone Chambers’ silk Michael Bloch QC to HGF Law and 8 New Square’s James Mellor.
Two attorneys-at-law from Eversheds have attended an annual conference called ‘Redefining Landscape for Patent Protection in Europe’.
Archroma has agreed to acquire the global textile chemical business of German company BASF. Bär & Karrer acted as legal adviser to Archroma.
Doing Business in the United States download
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
Tomasz Zalewski from Wierzbowski Eversheds, has been elected to the Expert Group in the field of intellectual property at PIIT.
Welcome to the sixth issue of Spotlight on Belgium. DLA Piper’s Belgian team brings you up to speed with the latest legal updates.
CAP issues update on ‘copycat’ websites following research from Ipsos Mori and recent rulings download
The Committee on Advertising Practice (CAP) has issued an update on the companies with ‘copycat’ websites following three recent decisions.
The UK Patent Box download
The Patent Box is a new preferential tax regime that came into force on 1 April 2013.
Intellectual property disputes involving retailers and fashion are all too common; another one to have troubled the courts in recent months is Thomas Pink v Victoria’s Secret UK.
In Biscuits Poult SAS v OHIM, the applicant for invalidity challenged the registration on the basis that the design in question was not new and lacked individual character.
A Hamburg court has upheld findings that the distribution of certain models of jeans would infringe Levi Strauss’s trademark rights in the stitching pattern on the back pockets of its jeans.
The applicant, Retro Bag Shop, applied for registration of a figurative mark with the text NORTHERN SOUL KEEP THE FAITH for goods in Class 18.
In this case, the intervener applied for registration as a Community trademark of a figurative sign depicting a bicycle polo player in respect of Class 18, Class 25 and Class 28.
In Hauck GmbH & Co KG v Stokke A/S, the Dutch court referred questions relating to the refusal to register shape marks under article 3(1)(e) of the Trade Marks Directive.
Walker Morris has strengthened its intellectual property group by appointing Rupert Bent as a partner and as the head of intellectual property.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
Doing Business in Australia download
This guide provides sound, practical advice on the relevant laws and regulations for foreign companies looking to invest in Australia.
Clarity urged over trademark use download
Experts have called on EU law makers to clarify in which instances trademarks can be freely used.
The comptroller of patents has been given extra powers to revoke patents based on lack of novelty or inventive step.
The 4 October 2014 Canada Gazette contained amendments to the Income Tax Act regulations which govern the ‘Canadian content’ tax credits for audio-visual productions.
Victoria Lee, a partner in DLA Piper’s Silicon Valley office, has been named to The Recorder’s list of Women Leaders in Tech Law for the second consecutive year.
At the Lexpert Zenith Awards ceremony, Dentons’ Ken Dhaliwal was feted for his achievements during the course of his entertainment law career.
According to The Legal 500, following the merger of Wragge & Co and Lawrence Graham in May 2014, the firm has ‘more strength and depth as well as wider international coverage’.
BWB Briefing for Charities and Social Enterprises — Charity Commission report; Intellectual Property Act 2014; and more download
Bates Wells Braithwaite has released the latest issue of its BWB Briefing for Charities and Social Enterprises.
Manufacturing Matters — exploring a crisis in hindsight; safeguarding your stakeholders’ personal data across borders; and more download
DLA Piper has released the 11th edition of Manufacturing Matters, which provides a round-up of legal news, updates and commentary for the manufacturing sector.
Pillsbury has announced that Osama Abu-Dehays will join the Abu Dhabi office as a partner in the corporate and securities practice.
Khaitan & Co has advised Elder in relation to the completion of the transfer of some of its branded domestic formulations business in India and Nepal to Torrent Pharma.
Osborne Clarke has hired IP partner Ben Goodger, who becomes the latest partner to exit Edwards Wildman Palmer’s London office.
A new law state of mind: UK parody exception to copyright infringement comes into force — 1 October 2014 download
The UK has introduced a new ‘parody, caricature and pastiche exception’ into copyright law, giving comedians new protections from copyright infringement.
1 October sees the commencement of the key design provisions of the Intellectual Property Act 2014.
This article highlights some of the major changes to design rights that came into force on 1 October 2014.
Kemp Little has been ranked again as a tier-one firm for M&A advice by The Legal 500 legal directory published on 1 October 2014.
On 18 September 2014, the European Court of Justice handed down an interesting decision on the validity as a trademark of the shape of products.
Copyright — according to the US copyright office, a macaque’s ‘selfie’ is not copyright protected download
A female macaque took a self-portrait using the camera of the English naturalist photographer David J Slater. The news raised doubts about the picture’s copyright protection.
PI proceedings were initiated by a company in order to enjoin a competitor from the continuing use in commerce of its registered trademarks as service name as well as over the internet.
The EU Court of Justice has handed down another judgment expected to further clarify the correct scope and interpretation of copyright ‘exceptions and limitations’.
DLA Piper has advised the global alternative asset investment firm Carlyle Group on its acquisition of a majority stake in Expereo Holding.
Employment status top tips download
Memery Crystal’s Merrill April presents five top tips regarding employment status.
Various changes to intellectual property law will come into force on 1 October 2014.
In a small island, in the absence of robust restrictive covenants in the employment contract, the risk of an employee moving and working for a competitor is high.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
Last month, a US court found that a hit song performed and co-written by Shakira was in fact copied from an earlier work.
Yorkshire firms Gordons and Walker Morris have recruited new department heads from national firms Irwin Mitchell and Pinsent Masons respectively.
In D’Arcy v Myriad Genetics, five judges of the Full Federal Court of Australia have confirmed that isolated nucleic acid sequences are patentable subject matter in Australia.
The (Copyright) Law of the Jungle download
The amusing story of one ‘selfie’-obsessed macaque monkey has turned into a row that raises novel points of copyright law.
Ilyashev & Partners is an official partner of the 2nd Annual Forum of In-House Counsel, which will be held on 23 October 2014.
Thomas Pink’s claim for trademark infringement centred on a likelihood of confusion between the two brands and harm to its reputation.
Canada’s Copyright Act contains an ’unlocatable owner’ licensing mechanism (sometimes referred to as the ‘orphan works’ mechanism).
Dr Chris Hayes, partner and head of intellectual property at IBB, has written an article that features in the Journal of Intellectual Property Law & Practice.
The following commentary provides a brief overview of the short to medium term changes expected in the post-referendum environment.
Intellectual Property and Technology News — service integration in the technology and sourcing space; and more download
Intellectual Property and Technology News (Asia Pacific) is a biannual publication from DLA Piper that offers perspectives, analysis and visionary ideas.
King & Capital’s intellectual property department deals with a wide range of matters including patents, trademarks, copyright and unfair competition.
The legal risk management department targets enterprise safety and heightens enterprise value by providing our clients with practical legal risk management services.
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
Issues relating to customs value have been a common source of questions since work began on legislation.
Washington DC-based firm Finnegan Henderson Farabow Garrett & Dunner has underlined its ambitions to grow its transatlantic intellectual property practice with the hire of three partners.
Ogier has announced that Caroline Bormans joined the Luxembourg office as a partner on 15 September 2014.
Can the Premier League take down online goal videos and should it?
For many years, Luxembourg has positioned itself as a welcoming place for innovative companies in an objective of diversification.
Walker Morris has appointed Rupert Bent as a partner and head of intellectual property (IP). Bent was previously head of IP litigation at Pinsent Masons.
The Court of Justice of the European Union ruled on 10 July 2014 that a retail store design may — subject to certain conditions — be registered as a trademark.
Apple has turned its eye to the internal layout of all its shops and is pursuing trademark protection for this in the EU.
Surviving a trademark opposition challenge: do you have a true ‘intent to use’? Five key tips download
An opposer establishes a prima facie case for lack of bona fide intent to use a mark when it can show that the applicant does not have any documentation evidencing steps to use the mark in US commerce.
Supreme Court Corner: Nautilus Inc v Biosig Instruments Inc; Limelight Networks Inc v Akamai Techs; and more download
DLA Piper has released the Q3 2014 issue its Supreme Court Corner publication.
Debates on the laws and regulations that will govern biosimilar products have been raging for some time.
The growth of R&D budgets and the increase in the number of patents issued to energy companies will likely result in a rise in patent disputes between competitors in the energy sector.
Intellectual Property and Technology News — state biosimilars laws are evolving; surviving a trademark opposition challenge; and more download
DLA Piper has released issue 23 of its Intellectual Property and Technology News, which reports on worldwide developments in IP and technology law.
Marco Santori, a leading authority on Bitcoin and digital currency, has joined as a counsel in Pillsbury’s intellectual property practice in New York.
DLA Piper has advised Acturis, a portfolio company of Summit Partners, on the acquisition of software company NAFI.
The regulations relating to the licensing and use of orphan works will come into force in October this year.
John MacKenzie looks at four aspects of the Intellectual Property Enterprise Court (IPEC) and discusses why it is an effective option for rights owners.
DLA Piper has announced that Carl Buchholz has been named managing partner of the firm’s Philadelphia’s office. Buchholz succeeds Jim Brogan.
Airbus, like the rest of the aviation industry, competes in a global market. It is inherently international in its outlook and in its operations.
Aim-listed European IP group Murgitroyd saw its pre-tax profits drop by 10.9 per cent during the course of the 2013/14 financial year.
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses download
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
This multi-award-winning team of specialists represents clients around the world.
Our specialists steer clients through the complex and dynamic area of competition and EU law, wherever they are located.
There are more than 170 lawyers working globally to provide the best possible solution for your business, well-protected interests and carefully managed cost control.
DLA Piper has announced that Savaria Harris has joined the firm’s litigation practice as a partner based in New York. She will also practice in Washington DC.
IP Rights in Data Handbook: protecting and exploiting IP in data, big data and databases internationally download
DLA Piper’s second-edition IP Rights in Data Handbook now covers 20 jurisdictions and includes top tips from local professionals on how best to exploit big data.
The intellectual property (IP) team consists of qualified and experienced lawyers specialising in IP law and litigation.
Compulsion vs peer pressure download
Ryder Cup organisers have just announced that they are banning the use of audio or video capture and photos unless on the practice range.
The dispute actually began in July 2011 between the UK-based Caters News Agency, who had hired Slater to do a nature shoot in Indonesia, and the blog Techdirt.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
Boyanov & Co is well known for its excellent and experienced litigators with exceptional expertise in litigation and alternative dispute resolution matters.
Partner, Forensic Services
Director, Forensic Services
The Court of Turin has pronounced its appeal decision within the interim proceedings brought by Delta TV Programs against Google and Youtube for the infringement of its IP rights.
Trademarks — the EU Court of Justice on jurisdiction relation to international infringement download
Coty Germany filed a claim before the first-instance German court against First Note for infringement of its Community tri-dimensional trademark.
Partner, Rights Management
Simmons & Simmons has launched an IP agency in Beijing today, with regulatory approval to file Chinese patents and litigate trademark disputes in state courts for the first time.
Potential purchase of SoundCloud download
There have been numerous reports that SoundCloud is in discussions with the major record labels in relation to acquiring equity in the streaming music service provider.
EU Court of Justice holds trade dress of flagship store eligible for trademark registration under EU law download
The EU Court of Justice has ruled in favour of the eligibility for registration as a trademark, under EU law, of the overall appearance, trade dress and design of a flagship store.
Copyright — the on-screen copies and cached copies made by a user are licit also without the authorisation of the copyright holder download
By a judgment issued on 5 June, the European Court of Justice has ruled on the interpretation of article 5 of Directive 2001/29/CE.
For a number of years, lawyers have debated the issue of whether it is an infringement of copyright to link to or frame online content owned by a third party.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more download
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
Letter from Europe: cheeky monkey — Wikipedia claims copyright comes down to the press of a button download
Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular. Here he focuses on the recent ‘monkey selfie’.
Baker & McKenzie, Mayer Brown, Olswang and Slaughter and May have all won spots on Unilever’s inaugural panel.
BWB has been at the heart of the social enterprise sector for more than 20 years.
The FAPL has issued a warning to people posting unofficial videos of goals online, stating that these videos are in ‘breach of copyright’.
Just about every job we undertake has something different about it. This makes it easy for us to share our client’s excitement about what they are doing.
BWB’s dispute resolution and litigation team is made up of experienced litigators with a wide-ranging practice.
DLA Piper has announced that Majorie Winters has joined the firm as director and counsel of its NEST (NextGen Environment for STartUps) programme.
Our insolvency group is a team of lawyers with expertise in various areas, working together to provide the best possible service to clients dealing with insolvency.
We advise on how best to safeguard your name, images, logos secrets and products from those seeking to copy, capitalise on or compete unfairly with your work.
We provide our clients with practical, commercial advice for marketing campaigns across all media and are ranked as leading advertising and marketing lawyers.
AstraZeneca has failed to prevent generic companies from selling competing generic versions of its Crestor cholesterol drug. Minter Ellison represented Watson and Ascent in this matter.
oneSource, the operating name of the shared service between the London boroughs of Newham and Havering, has selected Iken for its legal team.
SMEs are being urged to seek information about tax breaks that could benefit them in terms of growth, innovation and research and development.
As of June 2014, Arendt & Medernach has converted to and now practises as a société anonyme, Arendt & Medernach SA.
Gary Assim, head of the intellectual property and creative industries group at Shoosmiths, has warned of a raft of disputes following the rise of the ‘selfie’.
Top 10 tips for the workplace download
Ensuring compliance with Dentons’ top 10 tips list will help to keep your workplace running smoothly.
Football fans will not be pursued with legal action for sharing unofficial footage on the popular Twitter-owned video platform, Vine.
Pillsbury has announced the opening of its Beijing office. This is Pillsbury’s second office in the People’s Republic of China, along with its office in Shanghai.
Life Sciences Spotlight: Chinese regulatory enforcement action showing no signs of slowing down; and more download
Welcome to the fourth edition of Life Sciences Spotlight.
Sky News Business Law TV host Carson Scott recently interviewed Melinda Upton, partner and group head of IPT Australia at DLA Piper.
How to fix the amendment fallacy download
The Patent Trial and Appeal Board has made it hard for patent owners to amend their claims. Pillsbury’s Patrick Doody outlines the problems this causes and how to fix them.
Twitter began to light up on 7 August 2014 when Canadian singer/songwriter Jann Arden began to object, via a series of tweets, to the practice of Calgary radio station 90.3 AMP of playing shortened versions of songs.
A photographer argues he owns the copyright in a now-famous image taken using his camera — however, Wikipedia claims there is no copyright in the image because it was taken by a monkey.
Senior partner Qi Zhi and attorney Yang Shulong from Dacheng’s Jinan office were retained to represent Hongjitang Ejiao at a trial.
Richard Tinham, head of commercial and corporate at Winckworth Sherwood, has been quoted in the Financial Times in its ‘Business questions: Expert advice’ section.
Whatever your requirements, our notary service is conveniently placed to ensure your documents are legally recognised in a timely manner.
In Blackhorse v Pro-Football Inc, the US Patent and Trademark Office once again cancelled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans.
RTPR Allen & Overy has strengthened its competition, dispute resolution and IP practices with the appointment of Valentin Berea as partner.
Our intellectual property team advises on a range of contentious and non-contentious issues related to patents, trademarks, designs, copyright, licensing, and other intellectual property.
Sports, Media and Entertainment Intelligence — Aereo ‘astonishes’ broadcasters with new legal strategy; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Senior partner; head of arbitration
Freshfields Bruckhaus Deringer has confirmed the closure of its Barcelona corporate practice and the spin-out of its IP/IT team in the city into new boutique, Intangibles Legal.
The Canadian government recently introduced a bill that contained the most significant changes to Canada’s trademark laws in modern history.
Dacheng’s Beijing-based partner Deng Zhisong has been interviewed by Economic News, a CCTV-2 programme on the antitrust investigation into Qualcomm.
In its 20th anniversary year, Kalo & Associates has won several important mandates.
The revised competition regime for technology transfer agreements and its impact on high-tech SMEs download
In March 2014, the European Commission adopted a revised competition regime for technology transfer agreements.
Important changes have been made to the assessment of black and white trademarks in Ireland and the EU.
Servier and other French pharmaceutical manufacturers have received fines for conspiring to keep generic medicines off the market.
As you might expect from a legal outsourcer, value and efficiency are compulsory for CPA Global’s GC Ruth Daniels
European Commission fines Servier and five generic companies for curbing entry of cheaper versions of cardiovascular medicine download
The European Commission has imposed fines totalling €427.7m on the French pharmaceutical company Servier and five producers of generic medicines.
Re:Sound’s Tariff 8 is already the subject of an application for judicial review and has been the impetus for a public debate about the appropriateness of licence fees.
A Montreal-based artist is suing the producer and broadcaster of 30 Vies — on the basis that footage of a graffiti tag in the opening credits constitutes copyright infringement.
DLA Piper has announced that Rich Greenstein has been named chair of the firm’s US franchise and distribution practice.
The producers, distributors and broadcasters of Southland are being sued by the family of a deceased individual whose autopsy photo is used in the opening credits.
IP rights in data download
Copyright, database right, confidentiality and trademarks are all relevant when considering how data could be protected.
Last year Brighton and Hove Council agreed to pay the Copyright Licensing Agency an undisclosed sum in respect of retrospective licence fees and legal costs.
In Romania, a new law on employee inventions entered into force on 29 June 2014. The law abrogates former provisions on employee inventions set forthby the country’s Patent Law.
Intellectual property (IP) lawyers at Shoosmiths have contributed to a number of cases in a new book about landmark European decisions.
Shoosmiths has acted for KBC Advanced Technologies in a multi-million-pound acquisition. KBC has purchased FEESA for a value of £11.2m.
Giving E&O ‘clearance’ advice is usually a mix of substantive legal analysis, practical risk assessment and instinct.
The High Court has found numerous Newzbin defendants liable for copyright infringement and conspiracy to injure by unlawful means.
Wragge Lawrence Graham & Co has announced the results of its legacy firms Wragge & Co and Lawrence Graham for the financial year to 30 April 2014.
Khaitan & Co has advised Meiji Seika Pharma Co in relation to its acquisition of Medreich India and its subsidiaries.
A new directive in the EU is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how).
Letter from Europe: the TAKE OFF campaign — Cavalli-er attitude or religious hyper-sensitivity? download
Demonstrators from a religious order are protesting Cavalli’s use of a design that they claim is demeaning of their religious symbol.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Partner and head of intellectual property
Partner and head of dispute resolution
Following loss before the Supreme Court, Aereo ‘astonishes’ broadcasters with new legal strategy download
Aereo has asserted in federal district court that it is entitled to a compulsory licence to carry over-the-air broadcasts under §111 of the Copyright Act.
Eversheds recently hosted its annual Technology, Media and Telecoms conference in front of personnel from some of the UK’s largest technology companies.
KKR has agreed to acquire a 49 per cent stake in Ringier’s subsidiaries Scout24 Schweiz and Omnimedia. Bär & Karrer is acting as legal adviser to KKR.
On 9 July 2014, Collyer Bristow’s intellectual property team hosted a reception to welcome Christopher Rennie-Smith back to the firm.
The same day he took the reins as chief judge for the District of Delaware, Judge Leonard P Stark substantially overhauled his patent practices.
Shoosmiths has bolstered its intellectual property offering with the hire of Olly Leyden, who was previously in house at NBC-Universal.
Allen & Overy has announced that Matthew Bathon has joined the firm’s global IP practice as senior counsel in the Washington DC office.
Shoosmiths partner Laura Harper has been recognised as a top female business leader in Manchester by winning the Business Support Award.
Wragge Lawrence Graham & Co has strengthened its intellectual property offering with the promotion of John Coldham to director.
DLA Piper has been recognised as a ‘standout’ among the ‘most favoured general firm IP departments’ by the BTI Consulting Group.
Benelux firm NautaDutilh has paid tribute to IP partner John Allen, who was killed with his family in the flight MH17 plane crash last week.
The recovery in global M&A markets is developing a broader base, according to Allen & Overy’s latest M&A Index.
Businesses often have limited budgets, and our goal is to enable clients to maximise the return on their investment in intellectual property cost effectively.
US broadcasters have won an important battle in their efforts to prevent an unlicensed service from providing online real-time streaming of their broadcasts.
Dacheng attorneys Xiao Xiang, Ma Yan, Wang Chun and Zhu Ruiming have been retained as legal counsel for the 53rd World Table Tennis Championship.
DLA Piper has advised GE Betz on its acquisition of the entire issued share capital of Monsal Holdings for an undisclosed sum.
A seven-year battle between Karen Millen and Dunnes Stores looks set to be nearing an end after the European Court of Justice ruled in favour of Karen Millen.
The new Intellectual Property Act 2014 — guidance for inventors, innovation businesses and patent owners download
The Intellectual Property Act 2014 received royal assent on 14 May 2014. The act will come into force between October 2014 and the end of 2015.
In this podcast, Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular.
Sports, Media and Entertainment Intelligence — further restriction and rationalisation of Belgium’s gaming industry; and more download
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
In a judgment from the Court of Justice, it has been held that the layout of a retail store may be registered as a trademark in Europe.
Stephenson Harwood has advised easyHotel on its upcoming placing and admission to trading on the AIM market of the London Stock Exchange.
The Aereo and TVC cases illustrate a trend for the courts to look beyond technical differences between innovative and traditional broadcasters and distribution platforms.
Wildgen has announced that Emmanuelle Ragot, head of the IP/TMT practice group at Wildgen, has been named ‘IP Star’ by Managing Intellectual Property.
Following last year’s judgment that Bristan had infringed Mira’s UK unregistered design rights, the parties were back in court this year for the damages enquiry.
The government has been consulting on broadening the scope of the Bolar exemption.
Wragge Lawrence Graham & Co has announced the promotion of 13 lawyers to the firm’s legal director role.
Pillsbury has announced the appointment of 10 partners to firm-wide practice and industry leadership posts.
The new Intellectual Property Act 2014 — guidance for designers and those commissioning designs download
If product design, 3D printing, fashion design, furniture or jewellery design are relevant to your business, then these changes will be relevant to you.
Irina Kirichenko gave a presentation titled ‘Forensics in the disputes on intellectual property rights protection in the field of pharmaceuticals’ at IPF 2014.
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
Kemp Little recognises that the use of technology in professional services firms is reaching a tipping point.
Head of outsourcing
Head of IP and litigation
DLA Piper has played a key role in the launch of guidelines issued by the European Commission intended to help businesses save money and get the most out of cloud computing services.
Despite the progress that has been made towards launching the European unitary patent system and the Unified Patent Court, Spain continues to actively oppose the changes.
In a case before the General Court, Simca Europe had obtained registration of the work mark SIMCA as a Community trademark for goods in Class 12.
Discount grocer Aldi has been in the news in the last month with two unrelated cases concerning different intellectual property rights.
The case upon which the advocate-general delivered his opinion concerns Johan Deckmyn of the right-wing Vlaams Belang political party.
The anthemic Stairway to Heaven, by Led Zeppelin, appears to be heading for the courts.
In BIMBO SA v OHIM, BIMBO SA applied to register BIMBO DOUGHNUTS as a Community trademark. That application was opposed by Panrico SA.
Following the High Court ruling, Lush and Amazon attempted — and failed — to reach an agreement as to the form of the court order.
Implications of the Intellectual Property Act 2014 for businesses — guidance published on 30 June 2014 download
Following the passing of the Intellectual Property Act 2014, the Intellectual Property Office has issued some useful guidance on its implications for businesses.
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.
EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark download
The EU Court of Justice recently had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks.
Aereo infringes broadcasters’ copyrights, US Supreme Court rules — coming impact for streaming and cloud services? download
The Supreme Court has held that Aereo infringes broadcasters’ copyrights in on-air programming when it transmits the programmes to its internet subscribers.
The Supreme Court has issued a decision in a case of an employee who sought payment of a fair premium for an invention he created during his employment.
The IP Court of Milan has issued an important decision over patent claims reformulation during a validity proceeding.
The Canadian government has announced that the ‘notice-and-notice’ provisions contained in the Copyright Act (Canada) will be coming into force in January 2015.
Supreme Court Corner — Q2 2014: Octane Fitness v Icon Health & Fitness; Limelight Networks v Akamai Techs; and more download
This briefing from DLA Piper presents key intellectual property and technology cases before the US Supreme Court.
Since the enactment of the Leahy-Smith America Invents Act, calls have arisen in certain quarters for even more reform.
In the light of recent developments in trademark protection practices and the intensification of EU legislative harmonisation, amendments to the Law on Trademarks have been adopted.
The ECJ has ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be ‘forgotten’.
The Ely Lily case highlighted the impact a judicial decision can have on a business. But what of the wider impact a judge can have on the economy as a whole?
Leveraging the power of celebrity to shape consumer perception in a brand’s favour has always required a careful balancing act.
A claimant seeking an injunction to prevent an alleged wrongful termination of a contract was entitled to argue that damages could not be an adequate remedy.
In this video, IBB Solicitors partner Dr Christopher Hayes discusses intellectual property protection and registration.
Modernisation of copyright law download
The Hargreaves Review was commissioned in November 2010 to review the UK’s intellectual property framework and to comment on how it could be modernised.
Global VAT Guide: Cross Border Supplies of Intangible Services, Rights and Digital Content — June 2014 download
As business grows more global, the challenge for in-house counsel and in-house VAT specialists is intensifying. This guide is intended to meet this challenge head on.
Bird & Bird has expanded its Pan-Asian alliance network by adding two Indonesian firms.
The US Supreme Court has maintained its solidarity with yet another 9-0 patent decision in Alice Corporation v CLS Bank.
The US PTO has disallowed the Washington Redskins trademark as offensive, threatening millions of dollars the team makes from merchandise and sponsorships.
The Intellectual Property Act 2014 seeks to implement the recommendations of the Hargreaves Review of Intellectual Property and Growth 2011.
DLA Piper has produced a pack of free legal guidance aimed at high-growth start-ups that have ambitions for high-growth and international expansion.
Business start-up pack — UK download
The purpose of this start-up pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis.
Conyers has provided legal advice to China Resources Enterprise (CRE) in relation to the establishment of a joint venture company between CRE and Tesco.
Eric Sophir discusses how companies can develop their patent portfolio to protect their business from both present and future challenges.
FIFA’s trademark tactics for Brazil download
FIFA’s World Cup intellectual property manual offers guidelines and information to the public in respect of its diverse starting line-up.
Partner — Thames Valley
Partner — Manchester
Partner — Birmingham
NCTM has assisted Krizia SpA in the sale of Krizia International Srl to Shenzhen Marisfrolg Fashion Co Ltd, the Chinese women’s fashion producer
LK Shields Solicitors advises on all aspects of intellectual property, both contentious and non-contentious.
LK Shields Solicitors has experience in complex and high-profile commercial litigation and in professional negligence defence, among other things.
The IP team at Wragge Lawrence Graham & Co has helped Kohler Mira secure a significant damages award in the IPEC against Bristan Group.
DLA Piper has announced that Karl Dial will join the firm’s litigation practice as a partner in the Dallas office.
In this podcast, Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular.
The Danish people voted in favour of joining the Unified Patent Court (UPC) in a public referendum held on 25 May 2014.
Our team has wide-ranging experience of advising businesses on intellectual property issues relating to fund-raising, mergers and acquisitions, IPOs and technology transfers.
Binder Grösswang has advised the Scout24 group on the acquisition of Austrian real-estate portal www.immobilien.net.
DLA Piper has appointed Peter Jones as partner in its intellectual property and technology (IPT) group, effective 2 June 2014.
Penningtons Manches has advised Adaptimmune, a biotechnology company, on its multi-million-dollar strategic collaboration and licensing agreement with GlaxoSmithKline (GSK) for the development and commercialisation of its lead clinical cancer programme.
Research published by Allen & Overy demonstrates surprising support for Europe’s hotly debated Unified Patent Court.
Memery Crystal lawyer and leukaemia survivor John Mawhood will be riding in the Fireflies Cycling Tour to raise funds for leukaemia research and treatment.
Shoosmiths has announced that two of its key partners have been shortlisted for the Manchester Downtown in Business Women in Business Awards.
In a unanimous patent decision, the US Supreme Court has criticised the Federal Circuit and limited the scope of infringement for method claims.
In this video interview, intellectual property and technology partner Eric Sophir discusses Alice Corp v CLE Bank International.
China’s newly amended trademark law has been in effect for about a month now. Has the new law made things better?
With the rise of celebrity endorsements, like any counterfeit strategy there comes the rise of celebrity false endorsements.
Abusive domain name registrations download
Michael Carter looks at some of the highlight Nominet decisions relating to the abusive registration of .uk domain names in the last 12 months.
Eversheds has hired Sara-Jane Pluke as a partner and head of intellectual property (IP) in South Africa.
On 13 May 2014, the District Court of Berlin rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers.
Tailoring a patched up legal function into a bespoke unit was the task facing Lindsay Beardsell when she took over as GC at Supergroup, parent of fashion company Superdry
US congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) have introduced legislation aimed at reducing the ability of patent trolls to initiate ITC investigations.
The Saucy Fish Co has secured a UK High Court agreed interim injunction against German supermarket chain Aldi, requiring it to stop selling copycat products.
In Nautilus Inc v Biosig Inst Inc, the US Supreme Court unanimously held that the Federal Circuit’s indefiniteness standard bred ‘lower court confusion’.
Supreme Court clarifies test for § 271(b) induced infringement, invites Federal Circuit to revisit Muniauction test for § 271(a) direct infringement download
Induced infringement, under § 271(b) of the Patent Act, requires a finding of a predicate direct infringement, under § 271(a).
Khaitan & Co has advised Elder Pharmaceuticals in relation to the sale of some of Elder’s branded domestic formulations business in India and Nepal to Torrent Pharmaceuticals.
This briefing presents an analysis of this interesting judgment and a more general analysis of all the options available to brand owners in the fight against lookalikes.
City AM has reported on Christopher Rennie-Smith’s move to Collyer Bristow’s intellectual property (IP) team.
The ECJ has ruled on the conditions under which a geographical designation may be used to designate a product manufactured outside the relevant zone.
The Court of Appeal has upheld a decision of HHJ Birss QC in the Patents County Court (now the Intellectual Property Enterprise Court) finding that the appellant’s patent.
The phrase ‘groundless threats’ refers to provisions in UK legislation that were originally introduced to provide a level of protection against threats of patent infringement.
Trade secret protection varies across EU member states, with some member states notably offering little by way of protection.
Paul Harris, intellectual property litigation partner, shares his thoughts and observations on the commercial world, and intellectual property in particular.
Any sign that can be represented graphically and that is capable of distinguishing the goods or services of one undertaking from those of another is prima facie registrable as a trademark.
On 23 April 2014, the Court of Genova issued a decision on the admissibility and width of a ‘torpedo action’.
The Enlarged Board of Appeal has been requested to issue a decision as to which extent an amendment made during EPO opposition proceedings can be challenged for lack of clarity.
Petitioners have complained about the illicit use of works on the website www.cineblog-01.net.
In December 2012, the Regional Court of Cologne ruled that Lindt’s chocolate bear infringed Haribo’s GOLDBÄREN (‘Gold Bear’) word marks.
Fan accounts also proliferate on Twitter. It is perhaps unsurprising that a parody and/or fan account would end up the subject of litigation.
Schillings is the only business in the world to combine expertise in reputation management, defamation, privacy, data protection, copyright and other legal areas with specialisms in risk consulting, cyber and information security and information gathering.
Chief executive and partner
Optimising your IP strategy download
As markets become more global and driven by new technologies, a well-thought-out IP strategy is becoming even more critical for businesses.
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
Chairman and senior partner
Olswang has hired seven lawyers for its German patent team, including the former head of legacy Hammonds’ Munich office, Herbert Kunz.
Shoosmiths has appointed partner Laura Harper and associate Carol Isherwood into its IP and creative industries team in Manchester.
Pillsbury has announced that for 2014, Chambers USA has ranked 86 individual Pillsbury lawyers, with 12 partners recognised in two or more categories for a total of 98 individual lawyer rankings.
Stephenson Harwood has advised on the two recent reverse takeovers of Feedback and Rex Bionics.
Managing Intellectual Property magazine has named 10 Pillsbury partners in the second edition of its annual IP Stars guide, a state-by-state analysis of the IP market.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
DLA Piper has advised shareholders on the equity investment by Equistone to establish a new company, Performance Interactive Alliance for Digital Marketing.
Pillsbury reviews the case law highlighting potential problems lurking with intent-to-use trademark applications.and provides practice pointers to address these issues.
Explore is DLA Piper’s magazine for the mining sector, which provides a selection of insights from the global mining team.
In a recent Technical Board of Appeal decision, the European Patent Office has shed some light upon the boundaries of the prohibition against double patenting.
In Petrella v MGM, the Supreme Court holds that laches cannot bar claims for damages for copyright infringement brought during the three-year limitations period.
Speechly Bircham’s head of intellectual property (IP) Alexander Carter-Silk has quit for Brown Rudnick, while its corporate recovery chief Christopher Harlowe has resigned for offshore firm Mourant Ozannes.
Pillsbury has welcomed Clark Thiel as a partner in its litigation section in San Francisco. He brings a unique perspective as a licensed contractor and registered architect.
Wragge Lawrence Graham & Co’s brands team has prepared an analysis of the options available to brand owners in the fight against lookalikes.
Memery Crystal has announced that Tim Ryan and Andrew Priest have joined the firm as partners, and Shereen Elkins as a solicitor, with immediate effect.
A lot of the debate about copyright has become polarised. It’s bad guy, good guy.
Anthony Thompson of Wragge Lawrence Graham & Co has been named as lawyer of the year at the Citywealth Magic Circle Awards 2014.
The government of Quebec is appealing a Superior Court of Quebec judgment on the issue of trademark displays in a language other than French.
DLA Piper has been recognised as one of the most active law firms in patent disputes, according to the 2013 Patent Litigation Year in Review published by Lex Machina.
DLA Piper’s fashion, retail and design group has released a special edition of Law à la Mode.
New patent law proposals laid in Parliament could result in clinical trials being brought back to the UK.
When Britvic ‘borrowed’ Clare Thomas as GC during its bid for AG Barr, she didn’t envisage it would be permanent, but the mix of responsibilities, from product development to company strategy, was too tempting to throw away
The intellectual property team at Khaitan & Co assists clients in prosecution, advisory, non-contentious transactional work and contentious litigation work.
Addleshaw Goddard has retained its position as a core provider of legal services to FTSE 100 client Sainsbury’s.
Stephenson Harwood has advised Baker Tilly on the sale of its private client financial management business to Towry, a wealth advice firm.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
Possible effect of draft EU Trade Secrets Directive in Slovakia: two steps forward, one step back download
Tthe European Commission aims to enhance the protection of undisclosed know-how and business information against their unlawful acquisition, use and disclosure.
Restrictive covenants are one form of protection employers can use to protect access to client and suppliers and solicitation of other employees post employment.
On 28 November 2013, the European Commission announced a proposal for a directive on trade secrets and confidential information.
Several legal measures have recently entered into force, or will do so in the following few weeks.
Chambers & Partners has published the latest Chambers Europe 2014 guide. Wierzbowski Eversheds has been recommended in numerous fields of law.
Bristows associates Dominic Adair, Jeremy Blum and Adrian Sim have been promoted to the partnership.
New law firm Wragge Lawrence Graham & Co was launched on 1 May.
Walker Morris has announced the internal appointment of six directors and 15 associates in a number of key growth areas.
DLA Piper has announced that 45 lawyers have been promoted to the partnership. The promotions were made across various practice areas throughout 12 countries.
Hogan Lovells has scored a unanimous victory at the Supreme Court as the high court issued a decision in Highmark v Allcare Health Management System Inc.
Yang Shuwen and Jia Xinhui from Dacheng’s Urumqi office have been retained as standing legal counsel for Xinjiang Equity Exchange.
A team led by Dacheng senior partner Liu Chi has been retained by Hunan Broadcasting System (HBS) to act as standing legal counsel on various matters.
Technology businesses should be aware that the European Commission has revised the rules on how EU competition law affects technology licensing agreements.
Octane and Highmark — Supreme Court lowers standard for awarding attorneys’ fees in patent cases download
The US Supreme Court has issued two related opinions regarding the appropriate standard for awarding attorneys’ fees in patent litigation.
Allen & Overy has advised Vivendi on the sale of SFR. Vivendi’s supervisory board decided to enter into exclusive negotiations with Altice for a period of three weeks.
ECJ sheds new light soon after Pinckney upon criteria for establishing jurisdiction in copyright transnational infringement matters download
The EU Court of Justice has ruled once again upon the issue of jurisdiction in relation to copyright infringement matters.
The European Commission has adopted a proposal for a directive on the protection of trade secrets.
The long-awaited inter-ministerial decree relative to reorganise the copyright’s related right has been published.
Trademarks: the Italian Supreme Court rules on the ‘gold battle’ between food companies Barilla and Saiwa download
The Supreme Court has denied that the word ‘Oro’ as part of the compound trademark ‘Oro Saiwa’, is capable of being distinctive.
On 2 April 2014, advocate-general Wathelet issued his opinion in the case C-345/13, Karen Millen Fashions v Dunnes Stores.
The Luxembourg tax authorities are currently carrying out transfer pricing audits, particularly for financing companies.
Hogan Lovells has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
Commercial & IP Update — April 2014: High Court gives guidance on commercial agents’ rights on termination download
The Commercial Agents (Council Directive) Regulations 1993 require that where a principal terminates an agency, in most circumstances it must make a payment to its agent.
Here are three of the key developments to expect in 2014.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
The ICO has fined the Northern Ireland Department of Justice £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
The private equity team at Shoosmiths has advised funds managed by Palatine Private Equity on the management buyout of Gusto Restaurants and Bars.
Joe Cohen of Collyer Bristow’s IP team spoke at the recent American Bar Association’s 29th Annual Intellectual Property Law Conference.
A reformed approach to threats download
UK legislation contains special provisions relating to groundless threats of infringement proceedings.
Dacheng senior partner Dun Mingyue has been appointed to an expert advisory panel for International Technology Transfer Network (ITTN).
Latest news — April 2014: the training of UPC judges; local and regional UPC divisions announced; and more download
The Preparatory Committee has now formulated a number of categories of suitability of the candidates, including those with training needs.
The 2014 edition of The Legal 500: Europe, Middle East & Africa has recommended DLA Piper in Ukraine across a number of practice areas.
In Legalease’s latest Legal 500 EMEA directory, Wierzbowski Eversheds has earned a number of recommendations.
On 28 February, the International Trademark Association (INTA), upon the invitation of attorney Shang Jiangang, had a get-together at Dacheng’s Shanghai office.
Paul Harris, intellectual property litigation partner at Pillsbury, gives his thoughts and observations on the commercial world, and intellectual property in particular.
The views expressed in this paper are given from the perspective of the solutions and strategies available to shut down rogue sites in the UK.
The Court of Justice of the European Union has made its ruling in the case AstraZeneca AB v Comptroller General of Patents, Designs and Trade Marks.
There are a few developments in this year’s Budget that are of particular interest for those operating in the life sciences sector.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption regulation and accompanying guidelines.
Italy’s highest administrative court has ruled that Pfizer’s use of patents and SPCs relating to Xalatan/latanoprost in Italy constituted an abuse of its dominant position.
DLA Piper has announced that Lisa Haile and Mark Fowler have been named to the Daily Journal’s 2014 list of ‘Top Intellectual Property Lawyers’.
DLA Piper has announced that four lawyers have been named to Law360’s ‘Rising Stars’ list.
Taylor Wessing has advised Dame Vera Lynn and her company on the release of previously unreleased recordings in a new album.
It is fascinating to see competition law used as a tool to encourage innovation in the traditional collecting society business model.
On 13 March 2014, the European Parliament voted through the proposed NIS Directive, but with a number of amendments to the proposed text.
Unregistered Community design right comes into existence automatically by the fact of making products incorporating the design in question available to the public in the EU.
It is possible for a registered trademark to be a victim of its own success.
Brown Rudnick has pulled offers from half of the associates set to join the firm in the autumn, a move that comes weeks after it announced plans to bolster its London IP team.
BDK has been ranked as a tier-one firm in corporate, M&A and privatisation, competition and real estate in the 2014 edition of The Legal 500.
The High Court case of Jarden Solutions (Europe) Ltd v SEB SA concerned a dispute about deep fat fryers.
In order to be capable of registration under the Community Designs Regulation, a design must be ‘new’ and have ‘individual character’.
There is no free-standing general concept of ‘image rights’ protecting against the reproduction of a person’s image. However, there are other ways in which an image can be protected.
When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
The German Federal Court of Justice has found that a party does not need to intend to take unfair advantage of the distinctiveness of a mark without due cause.
Brands Update — April 2014: Deutsche Bank’s ‘Passion to Perform’ leaves EU General Court cold download
The EU General Court has upheld an OHIM Board of Appeal decision refusing Deutsche Bank’s application for the word mark ‘PASSION TO PERFORM’.
Walker Morris offers some tips on trademarks.
Court of Appeal stays appeal proceedings pending outcome of central amendment applications to the EPO download
The Court of Appeal granted Samsung an application to adjourn an appeal from the High Court’s decision that two of Samsung’s patents were invalid.
Dare to share? Proposed new directive should help protect your confidential information when doing business in Europe download
The European Commission’s new directive should help businesses to stop others from obtaining, disclosing or using their trade secrets in the EU without their permission.
Update on the Unitary Patent Court download
The Preparatory Committee has accepted that its ambitious timetable for delivering the Unitary Patent Court and unitary patent system by ‘early 2015’ could not be met.
The KORNSPITZ revocation case reminds brand owners that marks must act as badges of origin for the ultimate consumer of the goods, rather than intermediaries
The CJEU has given a procedural judgment in a trademark cancellation case, clarifying the ground rules for EU courts in assessing the legal arguments made before them.
HCI filed an application for the figurative mark ZENSATIONS that was opposed by Shiseido.
A UK application for the ETA mark for security-related services and locks was opposed by ETA SA Manufacture Horlogere Suisse, owner of the mark.
What kind of evidence needs to be filed to prevent a registered trademark being revoked for non-use?
Lush made a conscious decision to prevent its products from being available for sale on the Amazon retail website, as it was critical of Amazon’s business ethics.
Trade secrets are not protected as classical intellectual property rights and there is no primary legislation dealing with the protection of trade secrets.
New copyright exceptions published download
The government has published the hotly anticipated new exceptions to copyright, which cover personal copies for private use, parody, quotation and research.
According to an independent survey held by The Legal 500 — EMEA 2014, Ilyashev & Partners is a top-tier firm in dispute resolution and intellectual property.
Pillsbury partner James Tumbridge has again been named the exclusive recipient of the 2014 Client Choice Awards from ILO in the area of litigation in the UK.
This agreement in principle concludes almost a decade of negotiations, and marks Canada’s first FTA in the Asia-Pacific market.
Taxation of cloud services in Serbia download
This text analyses the tax position of foreign cloud companies providing cloud services in or from Serbia.
Judge Robinson revises her procedures: how will patent litigation change in Delaware? Top points download
Judge Sue L Robinson, the longest-tenured judge in the District of Delaware, has changed her procedures and form scheduling order.
NCTM has been reorganising the leadership positions for its departments, resulting in new co-ordinators for its 12 departments, with Vittorio Noseda as the overall leader.
Penningtons Manches specialises in all aspects of intellectual property law. We give clear, practical guidance in complex and rapidly evolving areas.
We provide clear, pragmatic and practical advice to businesses large and small from around the globe on the corporate transactions and the legal issues they face.
Penningtons Manches has substantial experience in working with clients to devise strategies to avoid possible disputes and to resolve effectively those that do occur.
The ITC has reaffirmed its power to ban electronic transmissions from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice.
From protecting intellectual property rights, through advising on data security issues, technology licensing and sourcing strategies, Dentons’ lawyers work relentlessly to protect your investment.
Field Fisher Waterhouse has witnessed the departure of two further partners from its IP practice.
Last month we looked at what’s in store for patent law in 2014. This month we give trademarks the same treatment.
The UK Supreme Court has thrown out an appeal by Cadbury against an earlier judgment that refused to secure its unique colour purple as a trademark.
Penningtons Manches’ multi-disciplinary team advises on the full spectrum of restructuring, insolvency, bankruptcy and recovery.
Irwin Mitchell has expanded its new IP practice with the hire of IP lawyer Katrina Burchell and is planning on doubling in size over the next year by taking a personal injury volume approach to the IP market.
The unitary patent is a hybrid patent right governed by European law, international law and national law.
Partner — Jersey
With global reach from offices in key technology markets around the world, including Silicon Valley, New York, Boston, Vancouver, Toronto, London, Berlin, Moscow and Beijing, Dentons offers a unique perspective on evolving industry trends and emerging market opportunities.
The High Court recently handed down its judgment in a caseregarding the use by the defendants of an image of Betty Boop and the word ‘Boop’ on merchandise.
US patent reform legislation is long overdue but needs balance, according to Eversheds’ intellectual property head, Simon Crossley.
Sam Karim from Kings Chambers was part of a recent delegation on a business mission to Brazil to promote barristers’ expertise in international dispute resolution.
HHJ Pelling QC has offered some useful guidance on assessing an account of profits for passing off in his recent judgment.
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
At IBB Solicitors, we have an exceptional level of expertise in all aspects of information technology law.
IBB’s dedicated construction and engineering team provides cost-effective and tailored legal solutions to a wide range of clients.
At IBB, we are passionately committed to helping businesses develop a bespoke IP strategy to protect your property and build your commercial success.
We work with our clients to help them solve problems and ensure they comply with the law and charity best practice.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of telecommunications and transport.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of construction and infrastructure.
Antitrust Matters — April 2014: state aid; cartel facilitators; Belgium’s Competition Authority; exercising patent rights; and more download
DLA Piper has released the second issue of its global competition and antitrust law newsletter Antitrust Matters.
Hogan Lovells has announced that it has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
The CJEU has upheld the system of website blocking injunctions in place in Austria following a reference from the Austrian Supreme Court.
Our experts can help with customs and contract regulation issues, currency control and questions of intellectual property when importing or exporting goods.
GRATA’s intellectual property (IP) specialists successfully combine theory and specific case practice in the field of intellectual property, intended for the protection of the rights of our clients.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on caricature, parody and pastiche.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on fair dealing with quotations.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on personal copies for private use.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on contract overrides.
In the sphere of industry, we provide the highest-quality legal products and efficient business solutions.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
Whether you’re planning an acquisition or a sale, entering into a joint venture or considering a corporate restructure our M&A lawyers can help.
Allen & Overy has won the International Law Firm of the Year award at the second annual Law Firm of the Year competition in Slovakia.
DLA Piper has advised Halton Borough Council on the £600m Mersey Gateway Project, a major scheme to build a new six-lane toll bridge over the Mersey.
Before it disappeared into the wide blue yonder, the OFT published its merger decision in the acquisition by IP Group of Fusion IP.
DLA Piper has secured the dismissal of patent infringement claims against subsidiaries of St Jude Medical, a global medical device manufacturer, by Volcano Corp.
Allen & Overy has advised Old Mutual on the sale of Skandia Germany and Skandia Austria, part of Old Mutual Wealth, to a Cinven and Hannover Re acquisition vehicle.
The EU Court of Justice has shed new light on the issue of trademark genericisation by drawing the boundaries of the concept of ‘relevant public’.
Extension from 50 to 70 years of the term of protection of the phonogram producer’s rights on musical works’ recordings download
The Legislative Decree amending directive 2006/11/EC on the term of protection of copyright and certain related rights has been published in the Italian Official Gazette.
The General Court, in its decision of 25 March 2014, case T-291/12, made a statement on the ability of an advertising slogan to be registered as a trademark.
The General Court has made a statement about the notion of evidence of genuine use of an earlier trademark into an opposition proceedings.
Nabarro has announced that three associates have been promoted to the partnership. The promotions will take effect from 1 May 2014.
In the ever-developing world of IP, new and exciting projects are never in short supply. This overview covers some of the burning topics in south-east Europe.
Paul Michel, a former chief judge of the US Court of Appeals for the Federal Circuit, has questioned the illegality of seeking an injunction.
Lookalikes: a wealth of confusion… brand-owners vs own-branders | competition law vs law of unfair competition download
Lookalikes are an age-old problem as brand-owners try to protect their brands from copying or leveraging by retailers or others.
DLA Piper has published issue 21, Q1 of IPT News.
Mr Justice Arnold has handed down his decision in the case of Starsight Telecast and United Video Properties v Virgin Media, Virgin Media Payments and TiVo.
The IRS has issued its first major ruling on the US federal tax implications of transactions in, or transactions that use, Bitcoin and other convertible virtual currencies.
Patent litigation heats up in the Southern District of Florida: practical implications for brand owners download
Although not yet operating on the scale of the EDTX or Delaware, the Southern District of Florida is rising in popularity as a patent jurisdiction.
The new inter partes review procedure provides an opportunity to challenge the validity of issued patents at the US Patent and Trademark Office.
DLA Piper has released the Q1 2014 issue of Supreme Court Corner, which reviews seven recent intellectual property and technology cases.
Hogan Lovells’ intellectual property team has successfully represented Canyon Bicycles in protecting its rights against the ‘canyon.bike’ domain name.
Together, the Eastern District of Texas and the District of Delaware account for almost half of all new patent case filings in the US.
DLA Piper held its first Annual Global Patent Symposium in Tokyo on 6 November 2013.
Taylor Wessing’s private equity group has advised Electra Partners on the acquisition of audio mixing console manufacturer Calrec from D&M Holdings.
Top franchise cases of 2013 download
Barry Heller, John Hughes and John Dwyer are conducting a webinar reviewing 2013’s top franchise decisions. Three significant cases are summarised here.
Pawel Lipski has been promoted to partner at Wierzbowski Eversheds. Together with Tomasz Zalewski, he will head the intellectual property and e-business teams.
Head of the intellectual property and media and entertainment practices
A Shanghai-based Dacheng team led by attorney Tan Jiacai has advised Hefei Taihe Optoelectronic Technology on legal risk prevention and control.
Dacheng’s Urumqi-based team led by senior partner Yang Shuwen has been retained as standing legal counsel for Xinjiang Daily for a third consecutive year.
This year is already shaping up to be a big year in the world of patents, with a number of Full Federal Court decisions due to be handed down on important issues.
MOFCOM has issued the Guideline on Overseas Intellectual Property Rights for Enterprises for trial implementation on 8 February 2014.
Hogan Lovells’ IP team has been named as Europe Domain/Internet Team of the Year at the Global Managing Intellectual Property Awards.
Gina Durham, co-chair of DLA Piper’s US social media practice, has been recognised as one of San Francisco Business Times’ ‘40 Under 40’.
Bristows partner Edward Nodder has been quoted in the Intellectual Property Magazine regarding the new training centre for Unified Patent Court (UPC) judges in Budapest.
The intellectual property (IP) team at Wragge & Co has won in the ‘UK Patent Contentious’ category at the Managing Intellectual Property awards.
Stephenson Harwood has advised frozen food manufacturer Findus Group on the acquisition of the retail business of Lutosa, a Belgian frozen potato brand.
Geoffrey Hobbs QC has dismissed an appeal against a hearing officer’s decision who declared the CHIQUO mark to be invalid for certain goods.
The applicant, Mega Brands International, filed Community trademark applications for the figurative mark and the word mark MAGNEXT.
The EU General Court (GC) has upheld the Board of Appeal’s decision refusing protection of the applicant’s mark.
The owner of the earlier mark Shorinji Kempo Unity has failed in its opposition to the UK trademark application for the mark BRITISH SHORINJI KEMPO FEDERATION.
Brands Update — March 2014: KNUD saves Germany’s most famous polar bear Knut and the Berlin Zoo download
Berlin Zoo had been comparatively late with the registration of its KNUT marks.
Facebook has had mixed fortunes in its opposition to a CTM that it perceived to be similar to its own name.
An appeal by Beauté Prestige has been dismissed against a hearing officer’s decision refusing protection for the above three-dimensional mark for toiletries.
The English Court of Appeal has confirmed that, under the law of passing off, a yoghurt brand can only call its product ‘Greek yoghurt’ if it is actually made in Greece.
The court has upheld trademark rights in the BETTY BOOP name and character based on a variety of UK and EU CTM registrations for both words and devices.
DLA Piper’s intellectual property and technology team has been named as Global Firm of the Year at the Managing IP Awards, and Best Law Firm in IP, IT and TMT at the Belgian Trends Legal Awards.
IP firm Mathys & Squire is the first legal tenant of the Shard, the tallest building in Western Europe.
The European Commission’s first decisions on ‘pay-for-delay’ arrangements attempt a tricky balancing of competing legal and policy objectives.
Ten practices and 24 Pillsbury attorneys have been ranked among the world’s top lawyers according to the 2014 Chambers Global guide.
Five interesting things you might not have spotted about Case C-351/12, OSA (aka the ‘Czech Spa’ case) download
A Czech spa provided guests with music, but without having entered into a licence with the Czech collecting society, OSA.
In TruePosition Inc v LM Ericsson et al, it is claimed that member companies of 3GPP and the SSO colluded to exclude TruePosition’s technology from the 4G standard.
Intellectual property agenda: the FRAND (fair, reasonable and non-discriminatory) debate — is the tide turning? download
FTC commissioner Joshua D Wright has spoken out against the FTC’s ‘new IP agenda’ and its opposition to the availability of injunctive relief for SEP holders.
Taylor Wessing has advised Cahill Energy on its historic agreement with the Barbados government to build and operate a waste-to-energy plant on the island.
Taking security over patents download
Without being able to offer suitable security, a business may find it difficult to borrow, or at least the terms of secured borrowing will be more favourable than those of unsecured borrowing.
A quartet of partners from Bird & Bird in Sweden have left the firm along with six other lawyers to launch a boutique focused on emerging companies.
Schoenherr practice areas in Austria and across CEE attained eight rankings in the top tier (Band 1) awarded by Chambers and Partners.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
In anticipation of the annual meeting of the INTA set to take place in Hong Kong on 12 May, NCTM will host Italy’s pre-annual meeting at its Milan office.
Hogan Lovells has announced that corporate partner Jan de Snaijer is to take on the role of office managing partner of the firm’s Amsterdam office.
The Intellectual Property Bill, which deals with a number of design law issues, completed its passage through the House of Commons on 12 March.
BDK’s media and entertainment practice provides expert legal and regulatory advice of relevance to the sector, media-sensitive businesses and the public.
Our ICT practice is multidisciplinary and gathers lawyers specialised in regulatory work, competition law, IP, commercial law and data protection and privacy issues.
Our diverse intellectual property (IP) and IP-related practice covers a wide range of areas including trademarks, copyright, patents, litigation and licensing.
Wildgen’s Emmanuelle Ragot recently negotiated a co-production agreement concerning Mr Hublot with a major European television channel.
PRC Company Law amendment download
Amendments to the PRC Company Law eliminate the minimum capital requirements and ease statutory procedures for company establishment.
Penningtons Manches has advised Oxford Gene Technology on its acquisition of Cytocell.
Students and recent graduates of Polish law faculties have until 6 April 2014 to register and submit their work in the first stage of this year’s Law Games.
DLA Piper has advised Synergia Capital Partners on a share issue investment to Res2 BV.
Strauss Adriatic doo, proprietor of the famous mark ‘Doncafe’, sued a defendant who had distributed coffee cups to which it affixed the mark.
China’s new trademark law aims to modernise and streamline the trademark process. But it can also yield opportunities for trademark hijackers.
The well-known US TV series Glee has been on the wrong end of a High Court trademark infringement action.
Cosmetics manufacturer Lush has successfully claimed against the online retailer Amazon for trademark infringement.
In Jack Wills v House of Fraser (Stores), the issue was whether House of Fraser’s use of a pigeon logo on clothing infringed Jack Wills’ registered trademark.
The costs decision in Bocacina Ltd v Boca Cafes Ltd followed the trial judgment in which the claimant succeeded in a passing-off action against a café business.
In Fage UK v Chobani UK Ltd, the claimant, FAGE, was a Greek manufacturer of yoghurt and its UK distributor.
Minter Ellison’s Paul Kallenbach has told the Australian Financial Review that many companies are not prepared for the biggest change in privacy laws in a quarter-century.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
China’s new Trademark Law will come into effect on 1 May 2014. To implement the new law, new regulations have been drafted.
In today’s market, patents, copyrights and processes often matter more than plants or offices.
Schoenherr’s IP practice group has long-standing experience and an outstanding reputation in trademark, design, patent, copyright and unfair competition matters.
Dacheng’s Shanghai-based intellectual property attorneys have contributed suggestions for revising the Implementing Regulations for the PRC Trademark Law (Draft).
Attorneys in Dacheng’s Changsha office have been elected to posts at the eighth Hunan Lawyers’ Congress and the fourth Changsha Lawyers’ Congress.
Bristows trademark attorney Patricia Collis has been featured in the World Intellectual Property Review.
The 16th draft rules are now available, taking into account the numerous comments on the 15th draft. Here are the main points to note.
The Preparatory Committee for the Unified Patent Court (UPC) has now published the 16th draft of the Rules of Procedure intended for the UPC.
John Coldham, design law expert at Wragge & Co, examines the recent reversal by the High Court of Trunki’s High Court registered design success.
DLA Piper has assisted Atlanta-based private equity firm Roark Capital Group in its equity investment in Anytime Fitness, a co-ed fitness franchise.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
Hogan Lovells has been named among the top five law firms with the strongest brand in Acritas’s annual ‘US Law Firms Brand Index 2014’.
Copyright has been a favourite punch bag of politicians, users and platforms ever since the internet first became mainstream, widely blamed for not being adapted to the new environment.
Geographical licensing is the practice where the owner of the rights to a product grants to a licensee the right to develop the product in a specific country or territory only.
A business must either own or have a licence to what it uses; otherwise it could infringe someone else’s intellectual property rights.
NCTM, with the support of Rospatt Osten Pross, has assisted Ferrari in the litigation case brought before the Regional Court of Düsseldorf against the German retailer KiK.
One of the EPO Boards of Appeal has ruled on the highly debated issue of human stem cell patentability under the European Patent Convention.
This year’s survey focuses on respondents’ outlook on the current technological landscape, the ‘hot’ growth areas and what, if any, barriers to growth are affecting businesses.
A commercial entrepreneur who applies national accounting standards has the possibility to operate a revaluation of its industrial property assets in the 2013 balance sheet.
Legal nature of videogames — limits of application and evaluation criteria of technological protection measures download
The ECJ has ruled on the interpretation of article 6 of Directive 2001/29 in order to clarify the scope of legal protection afforded by such provision to copyright holders.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
The General Court annulled the decision of the OHIM’s Board of Appeal, which had dismissed in its entirety the invalidity action of the applicant.
The UK court has given judgement in an action brought by Jack Wills against House of Fraser.
Federal Circuit affirms practice of reviewing trial judges’ patent claim interpretation rulings anew download
The Federal Circuit has affirmed its practice of reviewing trial court claim construction rulings de novo, as a question of law.
Soft-toy manufacturer Margarete Steiff’s Community trademark applications for its ‘button in the ear’ have been found to be devoid of distinctive character and not registrable.
Investrónica filed an opposition to Olympus Imaging’s trademark application for the mark MICRO based on the prior Spanish registration for overlapping goods.
The GC confirmed the Board of Appeal’s decision and found that there was a likelihood of confusion between BIMBO DOUGHNUTS and DOGHNUTS.
In the case of Specsavers International Healthcare Ltd and Others v Asda Stores Ltd, the CJEU ruled on the relevance of colour to a mark.
FDA revises forms for submission of patent information to the Orange Book: Federal Circuit decision alters patent term adjustment download
Two recent developments will affect the listing of patent information with pharmaceutical products approved by the US Food and Drug Administration.
The applicant filed a Community trademark application for a mark covering services including travel services and holiday camps.
In December 2013, Getty Images’ third appeal against OHIM’s decision not to register its PHOTOS.COM trademark was rejected.
In a rare win for the little man, Comic Enterprises Ltd has been successful in its claim Twentieth Century Fox’s use of the word ‘glee’ amounted to trademark infringement.
This point was dealt with in Svensson and others v Retriever Sverige AB by the Court of Justice of the European Union (CJEU) on 13 February 2014.
Hogan Lovells has launched LimeGreen IP — a free online legal tool with answers to FAQs from around the world on patents, trademarks, copyrights and technology.
Employee loses bid for slice of employer’s profits but patent case clarifies employment case hurdles
Dacheng attorneys have successfully represented Yunnan Qifeng Petroleum Machinery, the defendant, in an IP litigation in the Intermediate People’s Court of Kunming.
Mingyue Dun was recently elected as a 2014–2015 China subcommittee member of the Anti-Counterfeiting Committee of the International Trademark Association.
Dacheng senior partner Yu Bin has been appointed as an arbitrator by the Qingdao Arbitration Commission.
Businesses that attempt to boost online sales by ‘piggybacking’ off the good reputations of similar products will have to radically rethink their tactics.
Phillip Tunney of Eversheds has commented on the importance of protecting IP for those in the chemical industry who are involved in collaborative R&D.
Intellectual property (IP) lawyers at Walker Morris have achieved success in a recent high-profile music dispute involving 1970s rock band Wishbone Ash.
Walker Morris has teamed up with Bloom to run a series of breakfast seminars to discuss the issues and opportunities surrounding the management of brands in a digital age.
A case that a Dacheng partner resented in has been included in The Supreme People’s Court’s list of cases that have been tried in Chinese courts in recent years and resulted in a major impact on people’s lives.
Bristows associate Jeremy Blum has been quoted in IPPro The Internet in relation to new legislation and case law to deal with fakes online.
It is commonly accepted that the decision made to release these tracks was a direct result of changes to European Union copyright laws.
Bristows associate Tom Ohta has been quoted in New Law Journal in relation to the recent ruling in the Svensson case on hyperlink copyright.
Eversheds’ Madrid office has successfully represented pharmaceutical company MSD Spain in a landmark patent dispute.
The European Observatory has now launched its Enforcement Database. The database allows rights holders to upload information in relation to their trademarks.
In the latter half of 2013, two interesting trademark decisions were handed down by IPEC and the UK IPO. Both cases concerned the names of British musical groups.
The new regulation gives customs authorities extended powers to detain suspected counterfeit and pirated goods at the borders of the EU.
The UK laws relating to unjustified threats of infringement of patents, trademarks and designs have proved a minefield for rights owners and legal advisers alike.
The High Court has held that Amazon infringed Lush’s Community trademark by its purchase of the Google Adword ‘Lush’.
The ALRC Final Report into Copyright and the Digital Economy is now publicly available, having been tabled in Parliament on 13 February 2014.
John Baldwin QC has delivered a noteworthy judgment concerning the use of trademarks in keyword advertising and in the search results returned by website search tools.
A life sciences company raises funds either by issuing shares or by borrowing money from individuals, venture capital bodies or lending institutions.
Dacheny attorney, Tao Xinliang, has been named one of the most influential figures in the Chinese intellectual property world.
Two new references have been made to the CJEU asking for preliminary rulings on issues under Regulation (EC) No 469/2009.
It is common in investments for life sciences companies for a term sheet to be put in place between the investors and the founders that sets out the key terms of the investment.
This case relates to an application for payment of damages, further to a cross-undertaking on a preliminary injunction.
One innovative deal structure is geographical licensing. While apparently simple on the face of it, the devil is in the detail.
The Australian Law Reform Commission’s final report on its review of the Copyright Act recommends changes that, if adopted, would revolutionise Australian copyright law.
Alan Harper explains the general rules in relation to the ownership of the main types of intellectual property.
Eversheds Bitans lawyers will be providing legal advice free of charge in Latvia on 10, 11 and 14 March.
Wragge & Co’s intellectual property (IT) team has won TMT Team of the Year at The Legal Business Awards.
In November, a US court gave a significant judgment on the scope of the US ‘fair use’ provision, holding that Google’s acts in relation to the Google Books project constitute fair use.
The Court of Justice of the European Union has delivered judgment in a seminal case on how hyperlinking and framing should be treated under copyright law in the EU.
Linking to freely available content is not copyright infringement — the CJEU’s decision in Svensson v Retriever Sverige download
Internet users can use hyperlinks to redirect users to copyright works on other websites without infringing copyright as long as the copyright works are ‘freely available’ on the other site.
NCTM has expanded its practices by launching a team dedicated to the luxury and fashion industry.
On 19 December 2013, the Court of Justice of the European Union gave an important ruling on database rights and meta search engines.
This newsletter provides a cross section of cutting-edge issues in the ever-more convergent fields of intellectual property, technology and media.
The public interest in the financial dealings of Europe’s football clubs is steadily increasing as UEFA continues to monitor spending to track compliance with its FFP rules.
JPM provides legal services relating to patent, trademark, industrial design, copyright and trade secret protection.
Hogan Lovells has announced the further expansion of its New York office with the addition of corporate partner Adam Golden.
Taylor Wessing has advised Delfingen Industry on the acquisition of Langendorf Textil and its subsidiary MBG Techbelt Innovation.
DLA Piper has announced that James Brogan, Paul Hall, Joseph Kernen and Norman Leon have been recognised in a BTI Consulting Group report.
An international trade fair presents an opportunity for those who choose to ride on the back of your investments and infringe your rights to launch competing products.
Pharmaceutical sector update download
The latter half of 2013 proved to be an interesting period for the pharmaceutical sector from a competition law perspective.
Lewis Silkin client Lush has won a monumental trademark battle against Amazon at the High Court.
Hogan Lovells has advised Héroux-Devtek on the $128m acquisition of APPH and APPH Wichita (together APPH), subsidiaries of BBA Aviation.
Federal judge limits antitrust scrutiny of pharmaceutical reverse payments to settlements involving monetary transfers download
A judge held that only patent settlements involving a reverse monetary payment will be subject to antitrust scrutiny under the framework articulated by the Supreme Court last year in FTC v Actavis.
High Court holds that 20th Century Fox’s Glee infringes Comic Enterprises’ trademark for a logo including the words ‘the Glee Club’ download
Comic Enterprises established its first live entertainment venue in Birmingham in 1994 and now operates venues in Cardiff, Oxford and Nottingham.
The media landscape in 2014 download
Lorna Caddy and Adam Rendle set out some predictions on how the media landscape is likely to change and develop during the course of 2014.
Jeremy Blum, associate at Bristows, has appeared on BBC television to talk about counterfeit goods.
Jeremy Blum of Bristows has appeared in a BBC report on the European Union’s (EU’s) hearing of a case involving the online purchase of counterfeit goods.
The Court of Justice of the European Union has today given useful clarity for rights holders in the fight against counterfeit goods coming into the EU.
No5 Chambers has released the first edition of its Commercial & Chancery Bulletin for 2014.
Minter Ellison has announced that two Australian intellectual property and patent and trademark litigators, and their team, have joined the firm.
King & Wood Mallesons (KWM) has seen two IP partners exit the firm in Melbourne, taking their 13-strong team to rival Minter Ellison.
Protected food name status is awarded by the European Commission. The relevant EU legislation has been around since 1993.
EPO decisions take precedence over national decisions where the two conflict.
A new customs regulation has come into effect that strengthens the powers of customs officials to detain suspected counterfeit and pirated goods at EU borders.
The advent of the patent box — which came into effect last April but has so far had a low profile — should prompt a re-think.
Colours can be registered as trademarks. For example, Heinz has successfully registered the turquoise colour used on its baked-bean tins.
Businesses need to be bear in mind that the Tour de France’s intellectual property rights are likely to be zealously protected.
The Intellectual Property Enterprise Court has ruled that a UK registered design for a beer glass was valid and infringed by the defendants’ glass.
Paul England and Kathleen Fox Murphy look at the application of the patents system to the ‘internet of things’.
An important extension to European copyright law concerns technological protection measures, in other word forms of encryption used to protect digital content.
In the course of Nestlé’s battle, Mr Justice Arnold has asked the CJEU to clarify two trademark matters.
Shoosmiths provides legal advice to One Stop on its move into franchising.
This inaugural report highlights the current key trends and themes in the global data centre industry and provides an outlook for the data centre market in 2014.
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
Our monthly, 45-minute webinar series highlighted the top five things you need to know from a month of AIA changes, results, challenges, successes and failures.
The Serbian government has taken the first steps of implementing a new court system with the passing of a new law on seats, jurisdictions of courts and public prosecution offices.
The Supreme Trademarks and Patents Senate (OPM) overruled the PTO in about three quarters of the cases brought before it.
In August 2007, Colgate applied for a Community trademark for the word mark 360° SONIC ENERGY covering toothbrushes.
Mr Justice Arnold is referring three questions to the CJEU in a dispute between Nestlé and Cadbury over the registrability of Nestlé’s KitKat shape.
The EU General Court has dismissed an opposition to Panini’s CTM application for the PANINI figurative mark for beers and non-alcoholic drinks.
The General Court has ruled that the overall impression created by the marks was capable of giving rise to a likelihood of confusion.
The result of this CJEU judgment is relevant for Swiss owners of trademarks. Use of marks in Switzerland is not sufficient on its own to prove genuine use of EU marks.
This bi-annual China TMT report analyses some of the key developments in the TMT sector over the past few months.
Aereo utilises warehouses full of tiny antennas to capture over-the-air television and then retransmits it over the internet to its subscribers’ digital devices.
The World Trademark Review 1000 handbook for 2014 has ranked Bristows as a Gold firm.
The European Commission has adopted a proposal for a directive on the protection of trade secrets.
Wildgen has annouced that it has hired junior associate Martin Scholter, who specialises in banking and finance law and capital markets.
The first preliminary injunction decision in Germany relating to a ‘bio-better’ type drug has been made in Amgen v Teva in the Düsseldorf District Court.
This unusual application related to proceedings to revoke a European patent and a declaration that an SPC based upon it would not be valid.
Refusal of springboard relief download
Smith & Nephew v Convatec concerns the availability of an injunction after expiry of the patent being enforced — so-called ‘springboard’ relief.
The CJEU delivered three important rulings on the application of the supplementary protection certificate regulation 469/2009/EC on the same day.
When granting or receiving a licence under intellectual property rights, the parties need to consider at the earliest stage the degree of exclusivity that will be granted.
Compensating employee inventors download
In the life sciences industry, highly skilled people are employed in the research and development of drug candidates and other advancements associated with therapy.
A Düsseldorf court has referred questions to the CJEU on the supply of substances by a third party to a company that intends to use the substance for obtaining a marketing authorisation.
This is the first of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
On 9 December 2013, the European Commission published its report on the monitoring of patent settlements from January to December 2012.
This is the second of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
Taylor Wessing’s lawyers from Austria, Germany and the UK explain their respective national approaches to the issue of ex-employees in possession of trade secrets.
We already know that consumer protection law will change in June 2014. Is 2014 also the year of new EU data protection and communications legislation?
DLA Piper’s Africa group has expanded in northern, southern and eastern Africa with the addition of three new member firms.
Shameer Jasani has been appointed as a partner in the Cayman Islands office while Ray Ng joins the BVI and Asia office as partner and head of litigation.
King & Wood Mallesons (KWM) has appointed special counsel Bill Ladas to its intellectual property practice.
A KPMG report has revealed a disconnect between executives who realise the value of big data but are unsure of how to effectively implement their existing resources.
DLA Piper has appointed Dr Markus Gampp to its German intellectual property and technology practice.
Fredrick Spalcke, chief procurement officer of Philips, discusses how procurement organisations can leverage internal expertise for supplier analysis.
CJEU referral of the Düsseldorf Court of Appeal regarding third-party supply for Bolar exemption purposes download
A Düsseldorf court has referred questions to the CJEU on whether the supply of patent-protected substances by a third party to a generic company is covered by the Bolar exemption.
A costly administrative error: the Virgin v Zodiac case and Spain’s challenge to the unitary patent system download
Last month, the Court of Appeal gave judgment in the patent infringement dispute between Virgin Atlantic Airways (Virgin) and Zodiac Seats.
Hogan Lovells has recruited Mark Parsons into its corporate/commercial team in Hong Kong as a partner with a particular focus on complex commercial transactions and regulatory matters in the TMT sector.
There is a fresh batch of content on the Taylor Wessing Global Data Hub site, which provides you with insight and guidance on data protection issues.
Law à la Mode — 2013–14 download
DLA Piper has published the winter edition of Law à la Mode, which includes a review of the potential pitfalls and opportunities when franchising in the UAE.
Bond Dickinson has hired Walker Morris’s IP head Patrick Cantrill in a boost for its IP and media team.
Hogan Lovells has announced that counsel Jay Dougherty was named a ‘Counsel of the Year’ by the Association of Media and Entertainment Counsel (AMEC).
Collyer Bristow has announced that it has recruited intellectual property specialist Tim Bamford from Withers, where he had been a partner since 2005.
Hogan Lovells has hired Freshfields Bruckhaus Deringer’s former Asia IP/IT and TMT head Mark Parsons as a partner in Hong Kong.
With innovation driving the economy, these IP and commercial specialists are making their mark.
Bristows has appointed partner Rosemary Choueka and announced the promotion of three associates to the partnership next May.
Macronix seeks ban on Spansion non-volatile memory devices and all products containing such devices download
All companies that import such products (even not named in the ITC complaint) face potential risk of Customs seizure.
New EU Customs Regulation download
With effect from 1 January 2014, a new Customs Regulation came into force in the European Union (EU), which replaces the existing Customs Regulation.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
Participation of government contractors in patent infringement actions against the US government download
The recent decision by the US Court of Appeals for the Federal Circuit in the case of In re Uusi LLC et al No 2013-155 may be of interest to companies that sell to the US government.
A bid by Virgin Atlantic Airways to overturn a High Court ruling secured by Wragge & Co, on behalf of Zodiac Seats UK, has failed at the Court of Appeal.
Common sense prevails in major patent case
Winston & Strawn is set to launch an office in Taiwan after hiring a four-partner team from rival Washington DC firm Finnegan Henderson Farabow Garrett & Dunner last August.
DLA Piper has been recommended as a leading law firm in various practice areas by ‘50 Leading Law Firms in Ukraine 2013’.
On 28 November 2013, the European Commission published a draft of a directive intended to harmonise the protection of trade secrets.
Tao Xinliang, head of Dacheng’s intellectual property department in Shanghai, has been appointed as a part-time professor at the National Institute for Lawyers.
Automotive Focus — December 2013 download
Bristows has released the December 2013 issue of Automotive Focus, which consists of legal articles commenting on issues of general interest to automotive clients.
The new Anti-Piracy Regulation (608/2013) — which has applied since 1 January 2014 — offers even greater protection against fake goods in all 28 EU member states.
On 12 December 2013, the Italian Communication Authority approved a new regulation on online copyright enforcement, which will come into force on 31 March 2014.
Europe: CJEU — dedicated meta search engine infringes database rights (Autotrack v Gaspedaal) download
On 19 December 2013, the CJEU rendered an important judgment concerning the interpretation of article 7 of Directive 96/9/EC regarding the legal protection of databases.
The act of making is not well defined. This article provides some examples where the court has considered acts that fall close to the line.
It is now a year since agreement was reached to finalise the unitary patent and pan-European patents court — the Unified Patent Court or UPC.
Generic top-level domains appear to the right of the dot in a domain name. Historically, there were only a limited number available, with ‘.com’ being the most common.
The Court of Appeal has ruled in Virgin Atlantic Airways v Jet Airlines (India) & Zodiac Seats UK and others that the English courts cannot go behind the EPO’s decision to grant a European patent.
Federal Circuit limits ITC authority to remedy patent infringement claims based on induced infringement download
A limited exclusion order under section 337 may not be predicated on a theory of induced infringement when the subject imported product did not directly infringe before or at importation.
Taylor Wessing has advised PA Group on the sale of its full-service weather business, MeteoGroup, to General Atlantic.
The Intellectual Property Bill has been working its way through Parliament throughout the summer and autumn and is likely to be enacted in 2014.
The change of name to the Intellectual Property Enterprise Court makes sense. This court deals with intellectual property cases of all kinds, not simply patent cases.
The Intellectual Property Bill was introduced in May 2013 and should become law in 2014.
Andy Powell, long-term member of the band ‘Wishbone Ash’, brought High Court proceedings against Martin Turner, creator of the name and a member of the band during its boom period.
The UK IPO has rejected Tesco’s stylised mark for the word CLUBCARD covering a range of goods and services, including loyalty cards.
If a TV-on-demand service based in Hong Kong is viewed for free by UK internet users without having targeted them, does it generate goodwill in the UK? The Court of Appeal has said no.
The UK IPO has held that a UK trademark registration owned by Gucci for its famous ‘double G’ logo should be partially revoked for non-use.
E-commerce tools and the anonymity offered by trading over the web have long been exploited by traders of counterfeit goods.
Brands Update: phoning Brazil? download
The 25th Lower Federal Court of the City of Rio de Janeiro has issued its decision in the conflict relating to the trademark IPHONE.
The idea that by threatening to take action against someone who is infringing your trademark you yourself could be sued often strikes brand owners as odd.
The Slovakian Parliament recently adopted a new act concerning the customs enforcement of intellectual property rights.
The Practising Law Institute has released the 29th semi-annual supplement to Likelihood of Confusion in Trademark Law by Pillsbury’s Richard Kirkpatrick.
The Court of Justice of the European Union has released a ‘reasoned order’ in the GSK Biologicals SA case (C-210/13).
Pillsbury partner Bill Atkins, who works in litigation/intellectual property, is the co-editor of the third edition of the Patent Litigation Strategies Handbook.
The High Court has ruled that there was no need for Doncaster Pharmaceuticals Group to rebrand its imported products as Regurin in order to gain effective access to the market.
Personalised medicine is a very promising and cutting-edge approach that Taylor Wessing recently discussed from a patent law perspective in its Synapse October edition.
In regulating the pharmaceutical industry, legislators have to balance a number of competing interests.
The Intellectual Property Enterprise Court — cost-effective and quick procedure for IP dispute resolution download
The Intellectual Property Enterprise Court (IPEC) (previously called the Patents County Court) now sits as a specialist listing within the Chancery Division of the High Court.
Welcome to the first edition of Explore, DLA Piper’s magazine for the mining sector. Three times a year, the law firm will bring you a selection of insights from its global mining team.
Mills & Reeve has merged with George Davies Solicitors, increasing its national insolvency and recovery team by 50 per cent.
The Patents Court has handed down its judgment in Smith & Nephew v ConvaTec No.2. Bristows acted for the successful claimant, Smith & Nephew.
On 12 December, the Court of Justice of the European Union (CJEU) delivered three important rulings on supplementary protection certificates under Regulation 469/2009/EC.
Wragge & Co and Lawrence Graham are set to merge, forming a new firm — Wragge Lawrence Graham & Co — from 1 May 2014.
Wragge & Co’s head of intellectual property, Gordon Harris, once again reviews the biggest developments in patent law.
Pat Treacy of Bristows has commented on competition policy and its relationship with intellectual property following a speech by EU commissioner Almunia.
Hogan Lovells has successfully represented Facebook in its efforts to suspend the ‘.facebok.pw’ domain name, using a new legal rights mechanism called URS.
Can a product that imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a ‘counterfeit’ product under US law?
The Criminal Court number 4 of Castellón has sentenced a peer-to-peer file sharing webmaster to 18 months’ imprisonment for a continued offence against IP rights.
The Düsseldorf Court of Appeal has referred questions to the CJEU on whether the supply of patent-protected substances by a third party to a generic company is covered by the Bolar exemption.
Nabarro has been hit with a £130m professional negligence claim by a former client disgruntled over the way it conducted a High Court battle.
Nominet, the UK’s registry operator, has announced that, from summer 2014, shorter .uk domain names will be made available for registration.
Sandra Duerden from Mourant Ozannes has written a chapter focusing on Guernsey for the Getting the Deal Through: Right of Publicity publication.
In Société des Produits Nestlé SA v Cadbury UK Ltd, the Court of Appeal gave careful consideration to the application of Article 2 of the Trade Marks Directive 2008/95/EC.
Google has won the latest battle in its long-running dispute with the US Authors’ Guild over its plan to create a digital library of every book in the world.
The European Commission has launched a public consultation in support of its review of the EU copyright regime.
The Australian High Court has delivered its first judgment that directly considers the patentability of methods of medical treatment.
A corporate team from Wragge & Co has advised a syndicate of venture capital investors, led by NVM, on its exit from Alaric Systems.
ThinkHouse podcast — IP and patents, confidential information, online compliance and competition law download
This ThinkHouse podcast from Wragge & Co focuses on intellectual property and patents, confidential information, online compliance and competition law.
Osborne Clarke is to launch an office in Amsterdam in the New Year, marking the firm’s fourth international opening with a year.
1 November 2013 saw the Copyright and Duration of Rights in Performance Regulation 2013 come into force…
China’s eagerly anticipated amendments to its Trademark Law will come into force on 1 May 2014
DLA Piper has released the latest issue of its Intellectual Property and Technology News, which includes a piece on Delaware and the final instalment of Trade Dress Watch.
Ninth Circuit eliminates presumption of irreparable injury for plaintiffs seeking preliminary injunctions in trademark cases download
The Ninth Circuit has ruled that a trademark plaintiff must establish a likelihood of irreparable harm to obtain a preliminary injunction in a trademark case.
Supreme Court Corner: Q4 2013 download
DLA Piper has released the fourth-quarter (Q4) edition of its Supreme Court Corner publication, which considers Petrella v Metro-Goldwyn-Mayer Inc among other cases.
Wragge & Co’s intellectual property team has secured a High Court judgement against British Telecommunications.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on intellectual property.
Allen & Overy, on behalf of the Republic of Cuba, is challenging Australia’s Tobacco Plain Packaging Act 2011 legislation.
NCTM has assisted Ferrari in an infringement case before the Italian Supreme Court against an unofficial Ferrari owners’ club that used the Ferrari’s trademarks without authorisation.
The European Court of Justice has ruled on the risk of dilution as ground for refusal pursuant to article 8(5) of the regulation number 207/2009 (CTMR).
The Italian Supreme Court rules on the use of Ferrari’s trademarks by unofficial owners’ club download
The Italian Supreme Court has overruled the Court of Appeal’s decision that considered legitimate the use of Ferrari trademarks by an unofficial Ferrari owners’ association.
The Advertising and Marketing Communication Self-Regulation Authority has ruled again on a misleading advertising dispute between Henkel and Procter & Gamble.
On 26 November 2013, advocate general Cruz Villalòn of the European Court of Justice issued his opinion in case C-314/12 UPC Telekabel Wien.
This month, the Victorian Department of Treasury and Finance released the Intellectual Property Guidelines for the Victorian Public Sector.
Pharmaceutical sector — clarification on approach to market definition for prescription medicines download
A recent decision by the Court of Appeal provides useful guidance on the correct approach to defining the market in relation to pharmaceutical products.
The Court of Appeal has recast the guidance concerning the circumstances in which the English Court should stay patent proceedings before pending the outcome of related EPO proceedings.
Pillsbury has selected 10 lawyers for promotion to partner, effective 1 January 2014. The new partners span the firm’s offices and practice areas.
The Trademark Law of the People’s Republic of China underwent some substantial revisions last August.
Simon Crossley of Eversheds has said that it is no coincidence that trade-secret theft has increased, due to businesses storing information on networked systems.
A trademark owner cannot be prevented from withdrawing consent to a third party’s use of the identical trademark in relation to identical/similar goods and services.
Nintendo v P C Box: European court considers technological protection measures for copyright for the first time download
Nintendo has applied for an injunction to stop the sale of P C Box’s devices in Italy.
Rihanna brought a passing off claim in the High Court against Topshop for the use of her image without her permission.
Mattel took action against Zynga for trademark infringement and Zynga counterclaimed for revocation of the trademark.
Mr Pinckney lived in France and wrote songs protected by copyright in France.
The High Court has ruled that the PMS International ‘Kiddee Case’ suitcase infringed Magmatic’s Community-registered design for its ‘Trunki’ child’s ride-on suitcase.
The long-running battle between Cadbury and Nestlé continues.
The Court of Appeal has given judgment in the ‘stay’ application in the long-running patent dispute between IPCom and HTC.
The European Parliament has voted — by an overwhelming majority — to significantly overhaul current EU data protection laws.
The considerable duration of EPO proceedings will continue to point in favour of refusing a stay of English proceedings in most cases.
Another two international firms have joined the growing rush into Myanmar, with UK IP firm Rouse and South East Asian firm Tilleke & Gibbins both expanding into the country.
Commons committee pushes for tighter controls on internet piracy and slams the Hargreaves report
DLA Piper has advised as project legal counsel on the implementation of the first standardised online Intellectual Property Agreement Guide project.
Alan Harper of Walker Morris explains the general rules in relation to the ownership of the main types of IP.
King & Wood Mallesons SJ Berwin (KWM SJB) has defeated Dechert in the Court of Appeal in a trademark battle for British Sky Broadcasting (BSkyB).
Washington DC-based intellectual property (IP) firm Finnegan Henderson Farabow Garrett & Dunner has launched in London but has confirmed the closure of its office in Brussels.
Generic top-level domain (gTLD) is one of the top-level domains (TLD) managed by the Internet Corporation for Assigned Names and Numbers.
Eversheds has advised workforce payment solutions provider FleetCor Technologies on the acquisition of Epyx, a technology solutions provider to the fleet sector, from HgCapital.
This article summarises some of the technological innovations retailers are adopting to survuve in the tough economic market and their legal risks and implications.
Eversheds has been appointed as legal adviser to the Cell Therapy Catapult, a UK centre of excellence in cell therapy, following a competitive pitch process.
The Advocate General’s opinion in Georgetown University has been released. It fails to recommend whether or not more than one SPC can be granted based on the same patent.
Antitrust agencies amend premerger notification rules to clarify reporting of acquisitions of pharmaceutical patent rights download
The new rules may cause an uptick in premerger notification filings in the pharmaceutical industry.
The proprietor owned the trademark CATWALK registered since 1995. In 2010, an application was filed to revoke this word mark on grounds of non-use.
An application for an EU mark ZEBEXIR in classes three and five was opposed by the owner of the earlier mark ZEBINIX for identical goods in classes three and five and services in class 42.
The latest decision concerns a dispute over Zynga’s launch of an online game in January 2012: ‘Scramble with Friends’.
In Asos v Assos, the High Court reviewed the approach to be taken to many issues that arise frequently when considering trademark conflicts.
Nissan applied in Austria for the word mark ‘Primera’ for automobiles in 2008.
There was a likelihood of confusion between the figurative mark ZOOSPORT and the earlier figurative mark ‘Zoot (or Zooz) sports’.
Setting a helpful precedent for famous logo brands, Lonsdale has won a UK trademark opposition against a ‘look-alike’ logo at the English High Court.
This judgment highlights the overriding objective of the IPEC, which is to assist small and medium enterprises in resolving their intellectual property disputes at low cost.
The EU General Court has upheld an OHIM Board of Appeal decision, allowing Boomerang TV’s opposition to Cartoon Network’s CTM application for BOOMERANG.
This case concerns the shared use of the mark NATHAN BAUME and a stylised N for various leather fashion items produced by two entities.
Hogan Lovells has advised Astronics in relation to the acquisition of French company PGA Electronic.
Taylor Wessing’s Global Intellectual Property Index provides an assessment of how intellectual property regimes around the world compare with each other.
The European Commission has stated as one of its objectives that it wishes to foster cross-border online access and portability across borders of content.
Where physical goods are concerned, there have long been limits on the extent to which the owner of the IP rights in a product can use those rights.
Harmonised copyright issues table download
Taylor Wessing has published a harmonised copyright issues table. It considers copyright issues, relevant European legislation and CJEU rulings.
Imagine a service established in member state A that wishes to deliver on-demand streamed access to music and films to consumers in each of the other 27 member states.
Where to request repayment of private copying levies when comparable levies have already been paid in another member state? download
Most European countries that have a private copying exception to copyright protection also have an accompanying private copying levy scheme.
The FTC has announced final changes to certain HSR rules regarding acquisitions of exclusive patent rights in the pharmaceutical industry.
The FTC has announced revisions that clarify the types of patent licenses in the pharmaceutical industry for which a filing must be made before such licenses may become effective.
Wragge & Co is named a National Leader in the new Chambers UK 2014. The firm’s construction, employment, intellectual-property, planning and real-estate teams are all listed.
The consensus approach to monitoring online privacy is more effective than imposing inflexible rules
Ralph Miliband’s diary could have been kept secret if Ed had used new Guernsey rights legislation
Allen & Overy has advised Husky Injection Molding Systems on its acquisition of Schöttli Group. The sale is expected to close in early December.
Judge Rader urges legislative restraint and emphasises judicial ability to rectify litigation abuses through available tools download
This briefing from DLA Piper contains the patent law update given by Federal Circuit Chief Judge Randall R Rader at the at the Eastern District of Texas Bench Bar Conference.
Taylor Wessing has advised Inflexion Private Equity Partners on the secondary buyout of Cablecom Network Holdings.
The 2014 edition of Chambers UK has recognised Pillsbury’s outsourcing and information technology practice and several partners.
On 23 September 2013, the Italian Supreme Court decided on the so-called ‘galenical exemption’ provided by Italian laws as a limitation to the enforceability of pharmaceutical patents.
The European Court of Justice has decided that the trademark owner has the right to withdraw the consent to use the trademark granted to a third party.
The European Patent Organisation has amended the provisions of the European Patent Convention dealing with the requirements for the filing of divisional patent applications.
On 3 October 2013, the Court of Justice of the European Union decided on the interpretation of article 5(3) of Regulation (EC) No 44/2001 on jurisdiction in civil and commercial matters.
Businesses and brand owners should make sure that their trademarks are not registered as domain names in the new spaces by unscrupulous operators or competitors.
First new gTLDs delegated; non-Latin gTLDs; a new product to defend your marks; and changes to ICANN Registry Agreements download
Brand owners should prepare for the impending release of numerous new generic top-level domains (gTLDs) — the first few of which will be open for registration soon.
Spain’s modified ‘patent box’ regime is now in effect. The most important developments — which became effective on 29 September — are described here.
DLA Piper has announced that the firm has been recognised by Corporate Counsel in the publication’s 2013 Annual Patent Litigation Survey.
Three lawyers at law firm Sintons have been promoted to associate: Iona Sims, Anna Barton and Scott Cable.
While much of the world is finally getting a handle on the .com, .net and .org domains, we are on the brink of an explosion of hundreds of new generic top-level domains.
Lawyers at Walker Morris have achieved a successful outcome in the Intellectual Property Enterprise Court for Andy Powell from rock band Wishbone Ash.
Wilberforce Chambers’ Michael Bloch QC has resigned from the set to join Blackstone Chambers just weeks after senior clerk Declan Redmond announced his exit for Keating Chambers.
The UK Intellectual Property Office (IPO) has launched a new ‘fast-track’ trademark opposition procedure. The new procedure came into effect on 1 October 2013.
DLA Piper has moved its New Jersey office from Florham Park to the Class A office building at 51 JFK Boulevard in Short Hills.
Copyright litigation update: copyright register has ‘right to weigh in’ before registration is invalidated download
The 7th Circuit has held that a district court had committed legal error in invalidating a copyright registration without first consulting the Register of Copyrights.
The law of confidential information download
The law of confidential information is a useful tool for protecting commercially sensitive material, such as trade secrets, which cannot be fully protected by intellectual property rights.
Medicinal products may be protected by a paediatric extension, which extends the lifetime of a supplementary protection certificate by a further six months.
The number of candidates entering and progressing through the product pipelines of some leading originator pharmaceutical companies has diminished.
The European Parliament and the European Council have adopted a new customs regulation, replacing Regulation 1383/2003/EC.
Who is entitled to a patent? download
Members of Taylor Wessing’s European team explain the issues and describe the key rules applying to patent entitlement in Austria, Germany and the UK.
The UKIPO has upheld an opposition by Georgio Armani against Jacob Armani’s application to register a figurative mark for baby equipment.
The house did not win: UK court rejects claim for passing-off and trademark infringement of Monte-Carlo marks download
A UK court has rejected a claim for passing-off and trademark infringement of the marks Monte-Carlo and Casino De Monte-Carlo brought against Anglofile International Ltd.
Hyundai filed a UK trademark application for the words Hyundai EON. E.ON claimed, among other grounds, there was a likelihood of confusion between the marks.
An IPO hearing officer had permitted one of the original members of the disbanded musical group The Animals to register the name of the group.
Mayer Brown JSM has hired Hong Kong-based partner Gabriela Kennedy from Hogan Lovells to lead its intellectual property and technology, media and telecommunications (TMT) group in Asia.
Trade mark law is now so complicated that even specialist judges find it hard to interpret
The UK Information Commissioner’s Office (ICO) has opened a consultation on a new draft code of practice for conducting privacy impact assessments.
The UK ICO has prosecuted a pay-day loans company and its director for failing to notify that its business was processing personal data in the UK.
In a David (but not Beckham) and Goliath-style battle, a small UK shop has succeeded in retaining its trademark GOLDEN BALLS.
The UK Intellectual Property Office has introduced a fast-track procedure for oppositions. This is in addition to the standard opposition procedure, which will continue in force.
A UK appointed person has found that the trademark PORRIDGEBREAK was unregistrable in class 30 for ‘porridge oats, cereals’.
A hearing officer’s decision has been upheld by an appointed person at the IPO, allowing Hasbro’s opposition to the registration of GALATOPOLY.
DLA Piper has announced that Ann Ford, Claudia Frost and Lisa Haile have been named on Managing Intellectual Property’s annual list of ‘Top 250 Women in IP’.
Law à la Mode: Issue 11 — Fall 2013 download
The DLA Piper United States editorial team has published the Autumn 2013 edition of Law à la Mode, which brings together the latest industry news, comment and legal updates.
Stephenson Harwood has appointed a legal director and two consultants to its offices in China.
An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.
The new test set out in MedImmune v Genentech continues to have a profound impact on trademark cases, explain Bobby Ghajar and Carolyn Toto.
We stand today as one of the best-prepared and forward-looking firms in the field of intellectual property.
The CJEU’s decision in Pinckney v Mediatech Case C-170/12 (3 October 2013).
The EU and the US — conflicting agendas on geographical indications: what is happening in Asia download
This paper presumes knowledge of general background to the differences between the EU and the US in relation to geographical indications (GIs).
Patents for inventions may be obtainable, but the question arises whether they can be enforced when the user is in one place and the computing resources are elsewhere.
Hardly any FRAND defences have actually succeeded, due to the extraordinarily high practical requirements defined by the German Federal Court of Justice.
The information technology industry invests large sums each year in the innovation and development of new tools for mobile handsets and other computer systems.
The rise and rise of patent assertion entities (PAEs) in the US has become so serious that the problem is now being tackled at the highest political levels.
The UK Court of Appeal reversed previous decisions and cancelled Cadbury’s UK registration for the colour purple and upheld the cancellation of Mattel’s UK registration for a Scrabble tile.
Minter Ellison’s intellectual property team is at the forefront of intellectual property development globally.
Charles Russell’s client Cadbury has lost a court battle against Swiss rival Nestlé after it attempted to trademark the iconic purple colour of its Dairy Milk bars.
The European Court of Justice has ruled on whether metatags and domain names can be considered ‘advertising’ under the Comparative Advertising Directive.
This case is only the last of a long dispute among Budejovjcky Budva and Anheuser Busch over the right to use the term Budweiser.
The Italian Supreme Court asserted Italian jurisdiction over a request for a declaration of patent non-infringement of both an Italian and German portion of a European patent.
The ECJ held that the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement falls within the field of the ‘common commercial policy of the union’.
The CJEU has given judgment in case C-109/12, which concerns some practical effects of the borderline between medicinal products and medical devices.
The eagerly anticipated amendment to the existing PRC Trademark Law will come into force on 1 May 2014.
We work closely with many leading businesses to help them develop effective strategies for managing their intellectual property portfolios.
The UK Information Commissioner’s Office has opened a consultation on a new draft code of practice for conducting privacy impact assessments.
As of today, trademark owners have the option to use a new ‘fast-track’ opposition procedure to challenge conflicting marks filed in the UK.
Allen & Overy has advised Saudi Arabian solar company Sun & Life on the acquisition of the insolvent solar division of the Flabeg Group.
Karanovic and Nikolic has released an overview of intellectual property highlights in Serbia, Slovenia and Kosovo during September.
Field Fisher Waterhouse of counsel Thierry van Innis has quit the firm to launch a IP boutique with a former colleague from Allen & Overy (A&O).
DLA Piper partner Victoria Lee has been named by The Recorder on its list of ‘Women Leaders in Tech Law’.
DLA Piper has appointed Horace Lam as a partner in its intellectual property and technology group in Beijing.
Shoosmiths has appointed Stuart Malcolm, a specialist intellectual property lawyer, as a partner in its IP practice group.
Recent decisions of the US Supreme Court have confirmed that reverse payments in patent settlements are subject to competition law and are potentially anticompetitive.
Eversheds has advised polyester-fibre producer Advansa on the sale of assets used in its branded and speciality polyester products businesses to Invista.
The upcoming launch of new generic top-level domains (gTLDs) will mark one of the biggest shake-ups of the internet since its introduction.
ENVI has voted to approve a suite of amendments to the draft European legislation governing medical devices.
FTC formally proposes to launch Section 6(b) study on activities of patent assertion entities download
The Federal Trade Commission has taken the first step to launching a far-reaching study of the impact that patent assertion entities have on innovation and competition.
DLA Piper has developed model rules for green property management agreements in collaboration with a real-estate services company and the DIFNI.
KWM recognised by Asian-Mena Counsel In-House Community Representing Corporate Asia & Middle East Survey 2013
King & Wood Mallesons has been named Firm of the Year 2013 in China across six practice areas.
DLA Piper has hired IP partner Horace Lam from Jones Day’s Beijing office along with a team of four lawyers.
Goodman Derrick hosted a successful panel discussion on 19 September that focused on music rights in film and television.
Asos has successfully defended a trademark infringement and passing-off action in the High Court.
A little-known section of the Copyright Act allows designers and developers of video games to terminate copyright assignments granted after 1 January 1978.
Pillsbury has announced that Dr Qian Huang, an experienced intellectual property (IP) practitioner, has joined as a partner in the firm’s IP practice in Northern Virginia.
Apple opposed three UK applications of Wapple.net Ltd, relying on various UK and CTM word marks for the ‘apple’ word mark.
The court holds that local use of the name Queensbury on a gym in Bedford did not excuse the launch of a clothing line in a major central London retailer.
Disharmony over KitKat shape mark download
The UK decision over the registrability of Nestlé’s KitKat shape reads more like a patent judgment than a trademark one.
The benefits of being the first to register came to the aid of British Sky Broadcasting Group plc in a recent OHIM Board of Appeal decision.
The Court of Justice was asked whether the registration or use in a domain name and/or the use in a metatag fell within the definition of ’advertising’.
The EU General Court has annulled a decision that there was no likelihood of confusion between the figurative CTM ‘Cultra’ and the earlier trademark ‘Sculptra’.
BSkyB, the well-known UK broadcaster and provider of communication products, has won its claim against Microsoft for trademark infringement
NCTM Studio Legale Associato has launched its new trade and customs practice: the firm’s 19th practice area.
The Court of Justice of the European Unionhas given a ruling on the meaning of ‘bad faith’.
Medical devices and 3D printing download
The introduction of 3D printing as a new form of cheap and accessible manufacturing throws up two key threats for rightsholders.
The ‘regulatory review’ defence, better known as the ‘Bolar exemption’ after a similar provision in US law, first came into force in October 2005.
As part of the government’s initiative to modernise the way we perceive and deal in copyright works in the UK, it recently released a beta version of the Copyright Hub.
Pharmaceuticals company Lundbeck has been the subject of two important decisions in recent weeks.
A decision of the General Court has confirmed the significant protection that will be afforded to national and international emblems.
The recent patent infringement case of Scopema SARL v Scot Seat Direct Ltd has demonstrated just how ruthless the costs-capping regime can be in the Patents County Court.
The High Court has held that sales of T-shirts bearing a photograph of the popstar Rihanna without her approval constituted passing off.
Logos can be registered as trademarks, an example being the Innocent logo, which was registered as a Community Trade Mark by Fresh Trading Ltd.
A recent judgment provides guidance on when a prior disclosure of a design, which is subsequently improved and only then registered as a Community-registered design, may invalidate the registration.
Hogan Lovells has pledged to examine its policies and procedures around workplace stress and mental health in the wake of the death of IP partner David Latham earlier this year.
Second medical use patents download
Patent cliffs remain one of the biggest issues facing the pharmaceutical industry.
British technology company Dyson has instructed Wragge & Co to issue a High Court claim against rival Samsung over alleged patent infringements.
Field Fisher Waterhouse (FFW) has strengthened its Paris IP team with the hire of Winston & Strawn partner Nathalie Hadjadj-Cazier.
Irwin Mitchell has boosted its intellectual property practice with the appointment of Brown Rudnick’s IP head Georgie Collins.
The America Invents Act (AIA) created a new post-grant review proceeding in the USPTO: the inter partes review or IPR.
The sports-media industry has recently experienced a proliferation of litigation involving right-of-publicity claims asserted by student athletes.
While in the past the primary value of trade dress litigation rested in the ability of the plaintiff to enjoin competition, recent cases suggest otherwise.
The future of DNA patents download
The US Supreme Court has ruled that certain patent claims owned by Myriad Genetics are invalid as products of nature.
Supreme Court corner — Q3 2013 download
In a split decision, the court found the proper judicial review of reverse settlement payments is a ‘rule of reason’ in light of the pro-competition nature of the Hatch-Waxman Act.
Australia’s Federal Court has handed down another decision with significant implications for the patentability of business method, software and computer-implemented inventions.
DLA Piper has released the Q3 2013 edition of its Intellectual Property and Technology News — EMEA.
DLA Piper has released the Q3 2013 edition of its Intellectual Property and Technology News — United States.
Hogan Lovells has advised the trustees of KPP on the settlement of its claims against EKC and Kodak Ltd.
Digital brand engagement has become more and more important in the last years in the CEE: for example, in the realms of eBooks, training courses, software and domain names.
A company’s trading names, brand names and logos (and in some cases, the shape of the product itself) can all be protected as registered trade marks.
Music streaming service Spotify has brought in Taylor Wessing to help defend a database copyright claim levelled at it by dance music label Ministry of Sound (MoS).
Trademarks are valuable forms of legal protection. However it is important that businesses choose the right trade marks as the wrong trademark can give little if any protection.
A recent German case concerning keyword advertising shows the significant margin of appreciation national courts have to apply to European Court of Justice case law.
In today’s digital age, the prevalence of targeted online advertising is easily felt. However, the mainstay continues, at least for now, to be keyword advertising.
Appropriate protection for the branding of digital goods and services is often a cross-border issue, as businesses naturally take advantage of the global network.
Karanovic & Nikolic presents a brief overview of some of the burning topics from this exciting and innovative field of intellectual property for the region of South East Europe.
The British Paralympic Association (BPA) has today announced that international law firm Hogan Lovells will be their official legal services provider through to the end of 2016.
Hogan Lovells has achieved a major victory in a trademark and unfair competition dispute for the Hard Rock Cafe Group.
While copyright and database rights are the IP rights most associated with the protection of software and digital content, design rights can offer real benefits to the digital sector.
Pillsbury has announced that intellectual property lawyers James Tumbridge and Paul Harris, from Gowlings (UK) LLP, will be joining its London office as partners in the intellectual property practice.
A recent spate of cases has generally upheld, on First Amendment grounds, a developer’s right to include unlicensed trademarks in video games. However, it may be wise for developers to be circumspect in what they include.
In its Green Paper entitled ‘Preparing for a fully converged audio visual world’, the Commission gave its gloss on the famous FAPL judgment of the European Court of Justice.
Nordic firm Magnusson has hired the general counsel of Sweden’s biggest publishing house Bonnierförlagen to head up its IP and media practice in Stockholm.
What you should know about electronic subscriptions and copyright law: a best-practices guide download
Increasingly, printed matter is being made available via the internet in electronic form and both publishers and readers are starting to prefer an online format over the printed hardcopy format.
Patent litigator Steven Moore has joined Pillsbury as a partner in the San Diego intellectual-property practice.
Insights on drafting pharmaceutical patents from the Supreme People’s Court’s Annual Report of Intellectual Property Cases download
In April 2013, the Supreme People’s Court issued the Annual Report of Intellectual Property Cases, which included 34 typical intellectual property and competition cases.
Appeal of infringement dispute of patent for invention on one of the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts download
In April 2013, the Supreme People’s Court of the PRC released the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts.
Washington DC-based intellectual property firm Finnegan Henderson Farabow Garrett & Dunner, commonly known as Finnegan, is to relocate its Brussels office to London by the end of this year.
The UK Information Commissioner’s Office (ICO) has issued a new Code of Practice on dealing with Subject Access Requests (Code).
The ruling made last month by the UK Intellectual Property Office that Nestlé could not protect the shape of its four-finger Kit Kat bar under trademark was remarkable for a number of reasons.
The UK Intellectual Property Office has ruled that Nestlé can not protect the shape of its four-finger Kit Kat bar under trademark.
The High Court has handed down judgment in the long-running case of Interflora Inc v Marks & Spencer plc.
The explosion in new generic top-level domains is likely to create an increase in the potential for ‘cyber-squatting’.
Starting an airline requires entrepreneurs with drive, motivation and vision to turn the idea into a viable reality.
The European Parliament and Council of the European Union have adopted a regulation that amends the existing regime for the border detention of goods that infringe intellectual property rights.
A recent High Court decision shows the importance of finalising the documentation before beginning work on a project, in this particular case for software development.
On 19 July, EU commissioner Viviane Reding stated that the European Commission will be reviewing its Safe Harbor Agreement with the US.
The UK Intellectual Property Office has refused to register four-fingered Kit Kat chocolate bars as a three-dimensional mark.
The courts have given guidance on the use of survey evidence in the context of trademark proceedings. But what about passing off proceedings?
The UK government has launched a new copyright hub to make it easier to access information about rights ownership and copyright licences.
The Copyright and Duration of Rights in Performances Regulations 2013 will come into force on 1 November 2013.
What happens to a damages award for patent infringement when the patent is later revoked or amended?
The Supreme Court has held that where a patent is valid and infringed, the defendant is entitled to rely on the revocation or amendment on the inquiry to damages.
Is there now any difference between trade mark infringement and passing off?
Rihanna has won her High Court case against Topshop over their sales of t-shirts bearing her image.
Shanghai Higher People’s Court has issued guidelines following controversial China State IP Office’s draft regulations last year.
On 19 July 2013 entered into force EU Regulation No. 608/2013 concerning custom enforcement of intellectual property rights (the Regulation).
On 25 July 2013, AGCOM approved a draft regulation to introduce a notice and take-down process in relation to copyright infringement.
The ECJ has ruled on the requisite of the ‘genuine use’ of a registered trademark and on the importance of colour in assessing the likelihood of confusion between two trademarks.
The Court of Milan has considered as an abuse of dominant position Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency.
Different intellectual property rights protect different assets, each with their own rules on whether or not registration is required and how long the rights last.
Article 101 of the Treaty on the Functioning of the European Union prohibits agreements that have as their object or effect, the prevention, restriction or distortion of competition within the EU.
The law surrounding defamation has always had a unique standing among civil proceedings in England and Wales.
Rihanna image infringed by Topshop download
The High Court has ruled in favour of pop star Rihanna against clothes retailer Topshop, which used an unauthorised image of her on some of its T-shirts.
The latest developments in the ongoing dispute between technology company Aereo and broadcasters.
The Court of Appeal has today handed down an important decision that concerns a patent for a synthetic copolymer known as copolymer-1.
DLA Piper has signed a letter of intent with Hines Interests to relocate its Chicago office from 203N LaSalle to River Point.
Protecting IP on the web is about to get even trickier, but luckily a new system is available to help
NCTM Studio Legale Associato has appointed two new equity partners, Paolo Lazzarino and Luca Garramone.
Certain stations may be eligible to file royalty claims for compensation with the US Copyright Royalty Board. These filings are due by 31 July 2013.
The English High Court takes a broad view of what constitutes an infringing communication to the public.
DLA Piper’s Spotlight on Belgium publication provides an overview of current legal developments that may have an impact on business activities.
Binder Grösswang advises clients on all legal aspects and issues of contractual arrangements regarding the marketing and web-related matters, product design and labelling, as well as intellectual property.
Amber Melville-Brown discusses the privacy pressures facing the baby Prince of Cambridge
The CJEU has again ruled on issues concerning the genuine use of trademarks under European trademark law.
India’s adoption of the international protocol for trade marks will reassure the country’s potential investors
Negotiating a good patent licence is a challenging business at the best of times.
Patent infringement by pre-expiry offer to supply a product after the patent has expired is an area of acute difficulty in Austria.
The European Commission now proposes a directive to cover take-down procedures and action relating to unlawful website content.
Internet TV service YouView is set to launch its first formal panel of external lawyers by the autumn, under a year after hiring a new legal chief from Virgin Media.
The Federation Against Copyright Theft (Fact) has taken on Group Lotus in-house lawyer Byron Jacobson as its first permanent general counsel.
Aereo v Aereokiller: New York and California district courts disagree on what constitutes a public performance under the Copyright Act download
It is not too surprising that in struggling to apply ‘old laws’ to ‘new technologies’, courts sometimes reach contrary conclusions.
A High Court patents judge has handed down his decision in the cases of HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV.
Shoosmiths partner Laurence Kaye was the guest speaker at one of Outsell’s regular leadership council meetings.
MOLITOR has announced three appointments.
National and community trademarks reform aims to foster innovation by making trademark registration systems all over the European Union more accessible.
Hogan Lovells presents the first edition of its joint publication with Jakarta-based Hermawan Juniarto, entitled Doing Business in Indonesia.
Design contributes heavily to the UK economy. Despite this, design rights are among the most neglected of IP rights.
One of the most striking features of the intellectual property landscape over the last year or so has been the burgeoning reputation of the PCC.
Article 2(a) of the Copyright Directive requires member states to provide authors with the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction of their works by any means.
This case involved a claim in passing off, brought by Lumos Skincare, against defendants who were using the same mark for nailcare goods as Lumos had been using for skincare goods.
We handle a wide range of trademarks, patents and copyright-related matters.
The Snowden affair is more about private contractors than surveillance, or even whistleblowing
Pillsbury’s Intellectual Property practice advises clients on developing successful and comprehensive IP strategies by protecting, managing, asserting, defending and leveraging their IP assets.
The Supreme Court has changed the interplay between the national court and the EPO when considering a defendant’s liability to pay damages.
MOLITOR has announced the promotion of Claire Leonelli to partner.
DLA Piper has partnered with Corporate Pro Bono and the ACC to host a Clinic in a Box programme at its Chicago office.
The CIVC has obtained the registration of the word ‘Champagne’ and of its Chinese transliteration as a geographical indication in the People’s Republic of China.
The Court of Venice has rejected an interim injunction complaint based on the alleged infringement of a 3D community trademark.
On 27 May 2013, the Cancellation Division of OHIM decided over the revocation of the community trademark ‘Capri’.
Intellectual Asset Management ranked King & Wood Mallesons as the top law firm in patent litigation and licensing in China.
DLA Piper has released the June 2013 edition of its Technology and Sourcing News (UK).
OHIM has upheld the request by Grana Padano Consortium to declare invalid the community trademark ‘Cuore di Formaggio — Grana Italiana’
By decision rendered on 31 May 2013 within procedure T-396/11, the General Court set out the EU boundaries of the concept of ‘abuse of rights’.
A new police unit to tackle IP crime and online piracy will be launched in September by the Intellectual Property Office.
Libya — trademarks update download
The Libya Herald reported on 16 April 2013 that ‘the IMF confirmed its forecasts on Libya of 20.2 per cent GDP growth in real terms for 2013’.
The current regulation block-exempting certain categories of technology licensing agreements from the competition rules on anti-competitive agreements is due to expire on 30 April 2014.
Supreme Court in Actavis: analyse reverse-payment settlements' anticompetitive effects case by case download
The Supreme Court in FTC v Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation must be analysed under the rule-of-reason standard on a case-by-case basis.
A federal jury in New York has found Hebei Welcome Pharmaceutical Co and its parent liable for agreeing with other Chinese manufacturers to fix prices in the vitamin-C market.
The US Supreme Court ruled in Federal Trade Commission v Actavis that antitrust challenges to pay-for-delay agreements between drug makers should be analysed under the ‘rule of reason’.
Claire Leonelli from MOLITOR Avocats à la Cour takes an in-depth look into intellectual property in Luxembourg.
Shoosmiths’ intellectual property specialists are helping designers whose names have already been registered as a trade mark in China.
On 17 June, the Supreme Court finally weighed in on the issue of pharmaceutical patent settlement agreements involving so-called ‘reverse payments’.
Hogan Lovells has won four categories at the Euromoney European Women in Business Law Awards 2013.
TLT has sealed a third partner hire for its new Manchester office by recruiting DLA Piper IP disputes specialist Graeme Orchison.
Compulsory licensing of patents download
The availability of compulsory licences in respect of patents, especially in relation to pharmaceutical patents, has been the subject of considerable attention lately.
In 1993, a system of effectively extending the patent term of protection for pharmaceutical products was introduced by the SPC, Council Regulation (EEC) No 1768/92.
On 13 June 2013, the US Supreme Court ruled that certain patent claims owned by US biotech company Myriad Genetics are invalid as products of nature.
African intellectual property download
Comoros has become the 17th African Intellectual Property Organisation (OAPI) member state.
An increasing number of clients are receiving solicitations encouraging them to submit payment for trademark services.
Bird & Bird has confirmed the arrival of Field Fisher Waterhouse (FFW) franchising partner Mark Abell in the newly-created position of head of franchising, licensing and multi-channel strategies, after months of wrangling over the appointment.
The Supreme Court has ruled on crucial issues concerning the position of a former employee in receipt of a company’s confidential information.
President Obama has announced a new initiative aimed at curbing patent infringement suits by ‘patent trolls’ who generate revenue through extortionate litigation.
The CJEU has ruled that brand owners can establish ‘genuine use’ of a registered trademark when that use derives from a different composite trademark.
'Greek Yogurt' trademark decision download
The claimants in this case were Greek yogurt manufacturer FAGE and its UK distributor. FAGE had been making Greek yogurt in Greece and selling it in the UK for 30 years.
The UKIPO has rejected an application by Chanel to register JERSEY for skincare products, soaps, perfumes, cosmetics and toiletries.
A company has restarted use of a device that had been used by another company that had closed its operations more than 40 years earlier.
The General Court has upheld a decision that there is a likelihood of confusion between the applicant’s ‘Caffè KIMBO’ mark and the earlier well-known unregistered Spanish ‘BIMBO’ word mark.
The English High Court has ruled in the latest round of a long-running international dispute between Aveda and Dabur over Dabur’s use of the brand UVEDA.
The General Court has upheld the Board of Appeal decision that there is a likelihood of confusion between the applicant’s figurative ‘Snickers’ mark and the earlier Italian word mark ‘KICKERS’.
In a recent case involving the efficacy of a tax scheme, the First-tier Tribunal found a series of unregistered trademark assignments were ineffective.
News Group launched a Sunday edition of its Monday–Saturday tabloid The Sun in February 2012, under a new masthead.
Hogan Lovells has been recommended by the Legal 500 US 2013 edition in 35 practice areas, including seven rankings in the Tier-1 category.
The UK IPO has launched its ‘technical review’ consultation on the drafting of three new exceptions to copyright infringement: private copying, parody and quotation.
A recent Supreme Court decision highlights the very real problems facing businesses seeking to protect their know-how in the marketplace.
On 22 April 2013, the SPC released its annual press release regarding the judicial protection of intellectual property and model cases of 2012.
The White House has announced several executive orders and legislative proposals aimed at curbing frivolous patent litigation.
On 5 June 2013, the Australian Law Reform Commission released a discussion paper for its Copyright and the Digital Economy inquiry.
Changes to intellectual property law download
The government has announced that it will be introducing an Intellectual Property Bill and the Enterprise and Regulatory Reform Act 2013 has been given Royal Assent.
The expansion of the list of available gTLDs is a hot topic within the legal and branding communities.
DLA Piper has released issue 18 of Intellectual Property and Technology News.
Supreme Court Corner — Q2 2013 download
DLA Piper has released its quarter two (Q2) 2013 edition of Supreme Court Corner.
The International Trade Commission (ITC) opened its doors to non-practicing entities (NPEs) with its decision in Coaxial Cable.
DLA Piper examines the outcomes of infringement disputes in federal district court compared with the International Trade Commission.
Hogan Lovells has announced that it has been named in the National Law Journal’s 2013 Appellate Hot List.
The Advertising and Marketing Communication Self-Regulation Authority has taken position on the interpretation of section 28 ter of the Self Regulation CMC relating to gaming and gambling advertisements.
The prior registration of a domain name does not prevent the registration of a posterior community trademark download
The EU General Court has confirmed OHIM’s decision to reject two oppositions against a trademark application, both of which were based on the prior registration and alleged use of the same word as a domain name.
The Italian Competition Authority has again ordered the shutdown of two websites that cloned the original Ray-Ban website and offered counterfeited sunglasses.
This month, Taylor Wessing’s Download site focuses on a converging media landscape and the challenges of regulating that landscape.
The EU General Court has dismissed a trademark appeal brought by an Italian high-quality wine producer.
The May 2013 issue of Walker Morris’s Intellectual Property Matters publication is available now.
Brands can be a very powerful and important asset for any organisation.
Interflora operates the best-known flower delivery network in the UK. Members of the network retain their own business name, while also using the Interflora branding.
A recently introduced bill introduced adds mandatory data breach notification to the many requirements that organisations will need to address before changes to the Privacy Act 1988 take effect in 2014.
Novartis has been awarded an interim injunction against Hospira to prevent sales of generic zoledronic acid in the UK despite Novartis’s patents having been declared invalid by the English High Court.
On 2 May 2013, the Court of Milan fully dismissed the infringement and unfair competition claims brought by Gucci against Guess.
Actions for breach of confidence that aim to protect trade secrets need to prove a dishonest intent
In recent years intellectual property (IP) specialists have become more prominent, both in private practice and in-house, as technology giants go head to head over valuable patents. That said, in certain circles IP law continues to be regarded as something of a niche area, attracting a mix of lawyers with commercial nous, boffins and those who might want a life less governed by the dictatorship of the M&A all-nighter.
The UK High Court has held that the purchase by Marks & Spencer (M&S) of Google AdWords, which includes the Interflora trademark, infringes that trademark.
Chambers USA 2013 recognises Hogan Lovells’ practice areas and lawyers.
DLA Piper has received 177 individual lawyer and 64 practice rankings in the latest annual Chambers USA.
Draft law from the Luxembourg government should make the country a venue of choice for data centres and e-archiving.
The Court of Appeal has allowed Novartis’s application for a preliminary injunction against Hospira.
The Court of Appeal has dismissed an appeal to strike out parts of a breach of confidence damages claim.
Bring Your Own Device Guidance issued by ICO. Walker Morris continues to invest in specialist expertise with partner and director promotions
The Court of Appeal has confirmed that the English court has cross-border non-infringement jurisdiction.
Mark & Spencer (M&S) has lost a long-running trademark battle with Interflora after the High Court ruled that the retailer had infringed Interflora’s trademark.
A recent decision might limit the options of a patentee to sue an infringer who has already filed a ‘torpedo’ action under the same patent.
Patents in Jordan are managed by the Patents Registrar in the Ministry of Industry and Trade and are governed by the Jordanian Patents Law No. 32 of 1999, as amended.
The April 2013 issue of King & Wood Mallesons’ China Bulletin is available now.
IP is one of Dacheng’s premier practice areas and the firm is qualified in the provision of patent and trademark agency services.
Antitrust enforcement against abuse of IPRs and anti-competitive conduct in the high-technology sector — an update from China download
SAIC has held a meeting to obtain feedback on the latest draft of the IPR abuse regulation.
Walker Morris announces two partner promotions as well as eight director promotions.
This year’s Queen’s Speech was as noteworthy for what it did not contain as its contents. The legislative themes are controlling immigration and promoting growth.
We have specialist intellectual property (IP) teams in all the important IP jurisdictions worldwide.
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
Intellectual property in the cloud download
Intellectual property issues in the cloud continue to be one of the ‘cloudiest’ legal areas for customers and suppliers alike.
Al Tamimi has successfully represented a multi-national tobacco brand owner before the Dubai courts in one of the most controversial cases in recent years.
The latest edition of DLA Piper’s Intellectual Property and Technology News (EMEA) is now available.
The Saudi Arabian trademarks office has issued a circular stating that it will now only receive new applications electronically.
Taylor Wessing has launched the GIPI4 survey, which covers topics including patents, trademarks, designs, copyright and data protection/privacy.
Anti-counterfeiting action in Kuwait download
Like many other jurisdictions in the Middle East, trade in counterfeit goods in Kuwait poses a significant challenge for brand owners.
This special edition of Law à la Mode from DLA Piper focuses on a number of topical issues for brand owners.
The 3 May 2013 edition of Addleshaw Goddard’s Data & Information E-Alerts publication is available now.
Judgment of the UK Court of Appeal in the patent case HTC v Apple (Case nos. A3/2012/2043 and 2044) has been delivered.
The April 2013 edition of DLA Piper’s Technology and Sourcing News (UK) briefing is available now.
Bird & Bird has hired two franchising partners from Field Fisher Waterhouse (FFW) following the recruitment of high-profile IP and IT head Mark Abell.
This month’s issue focuses on the new Defamation Act 2013 and the Supreme Court’s view on browsing the internet without permission from the relevant copyright holder.
DLA Piper has announced that 34 lawyers have been promoted to its partnership. The promotions are effective from 1 January 2013 in the US and 1 May 2013 for the EMEA and Asia-Pacific regions.
Olswang has announced the appointment of Dr Justin Hill to its intellectual property (IP) practice.
Paul Steadman and Matthew Satchwell have joined DLA Piper’s intellectual property and technology practice in Chicago.
The Kuwaiti law number 4 in respect of Patents and Industrial Drawing & Designs and Integrated Circuits issued on 15 April 1962 provided the procedures for the application for registration of patents and designs.
IP Brief — 26 April 2013 download
Addleshaw Goddard has released its IP Brief dated 26 April 2013.
The April 2013 issue of Walker Morris’s Intellectual Property Matters online publication is available now.
The UK Supreme Court has handed down its judgment in the case of Public Relations Consultants Association Ltd and the Newspaper Licensing Agency & Others.
The Federation Against Copyright Theft (Fact) is gearing up to unveil its first-ever general counsel, whose appointment is expected to be announced in the coming week.
The ECHR has rejected, as inadmissible, an appeal from the two founders of Pirate Bay — one of the world’s largest file-sharing web platforms.
Companies large or small or anyone with a commercially attractive product should consider international markets.
Are you deriving the most value out of your IP assets? Unless you have implemented an effective IP management programme, the answer will most likely be in the negative.
Hogan Lovells has expanded its IP team in Tokyo with the appointment of Dr Frederick Ch’en.
King & Wood Mallesons has acted for Singapore-listed Far East Orchard (FEOrchard) on its $225m investment with Australian hotel and property company Toga Group.
Binder Grösswang has advised Austrian Stock Exchange-listed Lenzing on the auction sale of its plastics business unit.
Hogan Lovells has been named European Firm of the Year by Managing Intellectual Property magazine.
Henry Carr QC, sitting as a deputy High Court judge in the Patents Court, has made only the second reference to the CJEU for a preliminary ruling on the patentability of stem cells.
The Supreme Court has stated that the EU’s temporary copying defence to copyright infringement should apply to the acts of browsing the internet, caching browsed material and viewing material on screen.
Hogan Lovells partner Song Zhu has been named in this year’s Daily Top Intellectual Property Lawyers list.
In Resolution v Lundbeck, Arnold J has allowed Resolution Chemicals Ltd to pursue its own revocation proceedings against Lundbeck’s SPC/GB02/049 protecting escitalopram.
The ECJ has dismissed the complaints of Spain (C-274/11) and Italy (C-295/11) against the Council of the European Union with a view to the Unitary Patent.
Hogan Lovells’ global life-sciences practice has been placed in band one for the second year running in the Chambers and Partners Global 2013 rankings.
Trademark protection in Ethiopia download
The Ethiopian Trademark Registration and Protection Proclamation No. 501/2006 dealing with the protection of trademarks in Ethiopia was published on 7 July 2006.
Laurence Kaye, Shoosmiths’ new publishing and digital media specialist, is to chair an IP seminar at the London Book Fair.
Taylor Wessing has announced that it has appointed Mark Owen to its international technology, media and telecommunications (TMT) group.
The Iranian Trademark Registry has launched an electronic trademark application and workflow system.
The European Commission has announced a review of the trademark system in Europe with a view to modernising the system, both at EU and national level.
On 19 March 2013, Olswang’s fashion team hosted a dinner discussion on the globalisation of fashion at the Showroom Bonami Mannequins in Aalter, Belgium.
This issue of Radar looks at privacy issues with apps on smart devices in the context of a recent Article 29 Working Party Opinion.
Karanovic & Nikolic presents a brief overview each month of some of the hot topics from the field of intellectual property for the region of southeast Europe.
Al Tamimi’s Qatar litigation team successfully won a recent lawsuit brought on behalf of a Swiss watchmaker following a dispute that arose from the trademark registration process.
Interpretation of section 25 of the Self Regulation Code of Marketing Communication.
The Advertising and Marketing Communication Self-Regulation Authority has ruled that the expressions that emphasise the excellence of cleaning products are not in breach of the Code of Marketing Communication Self-Regulation.
Judgment has been rendered in the case Fédération Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza (Case C-561/11).
Walker Morris has appointed registered UK and European trademark attorney Rachel Hearson.
Walker Morris is hosting an event to help individuals and organisations to understand the importance of IP rights.
The UE General Court, in the case T-378/11 regarding Medinet trademarks, took position on the relevance of colour in the perception of the relevant public.
Walker Morris has released the March 2013 edition of its Intellectual Property Matters publication.
This recent patent decision of the Supreme Court provides guidance about when replacing a part might be treated as the infringing act of ‘making’ a patented product.
There is about to be an explosion in new generic top-level domain names (gTLDs) beyond .com, .org, .edu and so on.
Arnold J says the SPC system is dysfunctional as it cannot be applied consistently by local patent offices.
Hogan Lovells has gained an ECJ referral on behalf of client ZTE in its patent dispute with Huawei.
DLA Piper has released a summary of all of the firm’s rankings and editorial commentary in Chambers Global 2013.
With an increasingly mobile workforce, the practice of bringing your own device (BYOD) is already a fact of life for many businesses.
This handbook sets out an overview of the applicable privacy and data protection laws and regulations across 63 different jurisdictions to start you on your way through this complex area of compliance.
Olswang has been recognised by Chambers & Partners in its 2013 Global edition.
This month on Synapse, Taylor Wessing discusses the impact of insolvency on licensors and licensees in the life sciences sector.
Anna Kurian Shaw from Hogan Lovells has been selected as an LCLD fellow for 2013.
Olswang has announced that 28 of its attorneys have been recognised by Thomson Reuters in its 2013 London Super Lawyers and Rising Stars lists. Partner Eleni Skordaki has also been listed in the Top 50 Women in London.
Consumers are naturally drawn to brand names that clearly indicate the services being offered. It is therefore not uncommon for financial services to be offered using descriptive names such as Cash Today or Pay Day Loan.
Freshfields Bruckhaus Deringer is set to amalgamate its IP and IT practice into its corporate and disputes groups.
On 13 March 2013, the UK Supreme Court handed down its ruling on the question of whether replacing part of a patented product infringes the patent in question.
Taylor Wessing has released the spring 2013 issue of its Brands Update publication.
Hogan Lovells has announced that the UK Supreme Court has given its decision in the long-awaited Schütz v Werit case, ruling that Werit had not been infringing patent rights by supplying replacing parts.
The CJEU has handed down its decision on the copyright questions referred by the UK High Court in the long-running battle between ITV, Channel 4 and Channel 5 and TV Catchup.
Many companies are applying to own and run as GTLDs either their own names (.brand) or descriptive terms (.money, .travel) instead of .com or .co.uk.
Walker Morris’s head of IP set to present at the Global Outsourcing Litigation Conference.
Simmons & Simmons has appointed Hidde Koenraad as a partner in its IP team in Amsterdam.
On 19 December 2012, the Court of Justice of the European Union (CJEU) handed down its long-anticipated judgment in the ONEL/OMEL case.
On 7 March 2013, the European Court of Justice (ECJ) issued its long-awaited judgment in the case brought by ITV, Channel 4 and Channel 5 against TVCatchup.
Karanovic & Nikolic presents a brief overview of IP news for the region of south-east Europe.
Mr Justice Floyd has given two judgments in the case of Samsung Electronics v Apple Retail UK and others, concerning three patents owned by Samsung that were alleged to be infringed by Apple’s 3G devices.
The ECJ announces its decision on ITV & others v TV Catchup C-607/11.
NCTM offers strategic and commercial advice for the enforcement and protection of all forms of intellectual property.
Focusing on the Asia Pacific region, we discuss some of the key issues to consider when taking your business online.
Rights in data handbook: Protecting and exploiting IP in data and databases internationally download
The value of data and databases to business is undeniable and continues to increase.
In the ever-developing and ever-changing world of Intellectual Property, news and exciting projects are never in short supply.
Shoosmiths is set to add a publishing and digital media specialist to its commercial offering.
The High Court has held that it is possible, in certain circumstances, for a sub-licence to remain valid despite the termination of the head licence.
The High Court has today (28 February 2013) handed down judgment in a major copyright case that has been described as “a wake-up call for illegal websites”
Hotel Cipriani has succeeded in its latest round of trademark litigation.
ASSOS v ASOS: High Court provides further guidance as to survey evidence following Marks & Spencer v Interflora
The High Court has provided further guidance for survey evidence following Marks & Spencer v Interflora.
The European Commission has launched a consultation on its proposal for revisions to the Technology Transfer Block Exemption and the Technology Transfer Guidelines.
Walker Morris considers the extent of copyright protection for computer software.
Don’t let the raised bar trip you up download
On 15 April 2013, significant changes to Australian patent law will come into force
We advise on the legal and regulatory aspects of the intellectual property, commercial and technology sectors in which our clients operate.
The significance of the Unified Patent Court agreement.
The government has published its final response to the Copyright Consultation.
Following the separation of North and South Sudan, the continuous worry for trademark owners is the protection of their rights in southern Sudan.
Identity protection in respect of the ownership of domain names is no longer an obstacle in litigation before the Dubai courts.
The IPO has produced an impact assessment that will lead to the repeal of Section 52 of the Copyright and Designs Act and Patent Act of 1988.
Taylor Wessing discusses injunctions against pharma patent infringement.
We give our clients legal assistance with regard to copyright, trademark and other intellectual and industrial property rights issues.
As Guinness World Records’ first full-time GC, Raymond Marshall faced his own departmental challenges - while judging weird and wonderful record attempts
We undertake the task of securing and registering trademarks in Cyprus and Greece, as well as with the centralised agency of the European Union based in Alicante, Spain.
MOLITOR launched its intellectual property, information technology and media practice group in 2007.
Walker Morris warns of a scam invoice warning.
We represent clients on the creation, development, exploitation and enforcement of all forms of intellectual property.
Technology boutique Kemp Little has hired K&L Gates IP partner Rebecca Halford-Harrison.
The firm’s intellectual property attorneys advise private and publicly traded businesses in a wide range of sectors.
The Curtis Intellectual Property Litigation team combines the skills of seasoned trial lawyers with the technical expertise of registered patent attorneys and Ph.D-level advisers.
Innovators rely on Mayer Brown to help protect, preserve and enforce their intellectual property assets.
The King & Wood Mallesons IP team is among the largest and most highly regarded practices in China.
Scraping the data barrel download
Everyone thinks they know what data is. But data is a very difficult concept to capture in terms of legal status.
China’s middle class is set to drive global consumer spending.
Combining careful planning with good judgement to help you protect your intellectual property.
We work closely with our clients to ensure that they maintain the right protection to safeguard their intellectual capital, develop their businesses or protect their creative work and, where appropriate, to secure the enforcement of their rights against unauthorised use.
We are recognised as being one of a small handful of go-to firms for intellectual property in Europe and Asia.
Our intellectual property group helps drive your business growth by protecting and leveraging your ideas and innovations, your brand and your creative works.
Our patents group is one of the largest and best known in Europe. Highly experienced in both contentious and non-contentious patent matters, we help our clients, based in Europe and internationally, to exploit, protect, manage and defend their IP rights.
The size and strength of Taylor Wessing’s European Trade Mark group and the variety of the brands we represent across all business sectors means we have outstanding experience in every area of trade mark and design law.
Our mission is to safeguard and enhance our clients brands and reputations. Through our expertise, we strive to reduce the time our clients spend dealing with problems in order to achieve their desired result, thereby increasing the value of their brands.
Field Fisher Waterhouse’s (FFW) head of IP and IT Mark Abell has resigned to join Bird & Bird.
Real Intellectual Property Case Law Guide.
Karanovic & Nikolic’s IP team brings together leading intellectual property lawyers, commercial and corporate lawyers to provide a full service to clients across the jurisdictions of the former Yugoslavia: Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia.
DLA Piper’s Intellectual Property and Technology practice is one of the largest groups of IP lawyers in the world. Nearly 400 lawyers develop asset management and protection strategies designed to help clients manage risk, continue growth and protect market share around the globe.
Lawrence Graham (LG) and SNR Denton have taken lead roles on the sale of the Jessops brand and certain assets to a group including Dragons’ Den entrepreneur Peter Jones.
The Intellectual Property Department at Walker Morris has established a truly seamless one-stop service for clients, advising on all types of contentious and non-contentious matters, including licensing, merchandising and securitisation, patent and other IP litigation, and research and technology collaboration.
Simmons & Simmons is a full-service intellectual property practice providing clients with an unparalleled level of expertise and service.
Cayman Islands IP law revision download
The Cayman Islands has enacted the Patents and Trade Marks Law 2011.
China’s recently amended Civil Procedure Law (CPL) will come into force on January 1, 2013.
The National Copyright Administration of China (NCAC) released the first draft amendments to China’s Copyright Law at the end of March 2012.
US copyright and trademark law is now much closer to that of Europe, but key differences remain.
The treatment of intellectual property licenses under US bankruptcy law
The Patent Box download
The UK Government has been keen to improve the UK’s competitiveness in the high-tech arena. This was largely motivated by a string of departures of UK headquartered multinationals from the UK.
The effect of bankruptcy on intellectual property licenses.
UK copyright changes download
The Government state that the current copyright legislation appears to hinder the reasonable use of copyright protected works and is outdated in the digital age.
The licensing of trademarks is an essential component of various commercial agreements facilitating business operations in the UAE.
As part of the process of acceding to the WTO, Jordan has enacted its new Patent Law No. 71 of 2001 (the “Patent Law”), in accordance with the international standards which Jordan has been committed to through joining the TRIPs Agreement.
The Dubai International Financial Centre , a financial services free zone located in the Emirate of Dubai, has its own ‘European style’ data protection law, applicable in the jurisdiction of the DIFC.
This briefing considers trademark law in the UAE by comparison to Cadbury’s successful trademarking of a shade of purple in the UK.
Software companies cannot prevent the sale of “second-hand” software licences, where those licences are for a one-off fee and an unlimited period.
The Advocate General of the European Court of Justice has said that where a website operator displays material on its website that infringes the sui generis database right of a third party, that operator infringes the third party’s rights both in the country in which the server hosting the website is based and in the countries in which the users accessing that information are based.
An analysis of the SAS Institute Inc v World Programming Ltd case, and its implications for European copyright law in software.
Managing the risks and costs of e-discovery in multiple related investigations and litigations download
A guide to the effective management of electronic data where it is potentially implicated in a number of disputes.
This is a short guide to some of the key legal developments for intellectual property and data protection in 2013.
Effective patent litigation strategies need to reflect the realities of global competition.
An important new weapon in pan-European patent disputes - the English Courts can hear non-English patent infringement cases download
The English Patents Court has delivered a ground-breaking judgment which could change the way that European patent litigation is conducted.
UK Information Commissioner’s Office opens public consultation on changes to data protection notifications download
The UK data protection regulator, the Information Commissioner’s Office (ICO) has opened a consultation on proposed changes to the data protection notification process.
The Court of Justice of the European Union has handed down its keenly awaited judgment in SAS Institute Inc. v World Programming Ltd.
New EU counterfeit goods regulation download
On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation setting out customs procedures for goods suspected of infringing intellectual property rights.
Alison Dennis (scroll down for video interview) has substantially grown both her own client base and the life sciences practice at Field Fisher Waterhouse since she joined the firm from Reed Smith just four years ago.
FIFA IP legal counsel and head of trademark registration Alexia Willetts packed a lot into 2012.
Google’s director of litigation (Emea) Harjinder Obhi did not spend 2012 with his feet up.
11 South Square’s Michael Silverleaf QC has become one of the go-to IP silks of his generation, and 2013 will see him continue to work on industry-defining cases.
Baker & McKenzie has elected IP partner Paul Rawlinson to succeed Gary Senior as managing partner of its London office.
China trade marks — inclusion of retail and wholesale services relating to medicines and pharmaceuticals download
The China Trade Marks Office recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies only in class 35.
From 1 April 2013, UK companies will be able to elect into a new regime that applies a lower rate of corporation tax to profits from qualifying intellectual property rights.
Welcome to the Fall/Winter 2012 issue of our China Life Sciences Newsletter, a periodic update on key developments, companies, and people in the dynamic China life sciences industry.
European IP bulletin — December 2012 download
In this issue (inter alia): European Commission to review misleading and comparative advertising directive; Information Commissioner’s office publishes report on enforcement of new cookie rules; Scrabble tile trade mark declared invalid.
A single patent court system for Europe and the high-profile ‘phone wars’ are putting IP at the heart of clients’ business strategies
China releases draft administrative rules on national standards involving patents (interim) download
On 19 December 2012, the Standardization Administration of the People’s Republic of China (SAC) released a notice to solicit public comments regarding the updated draft Administrative Rules on National Standards Involving Patents (Interim).
On 11 December 2012, the European Parliament approved three measures collectively known as the EU Unitary Patent Package.
CBH Rechtsanwälte has won a German court case for Haribo against WilmerHale client Lindt & Sprüngli after the confectionery company claimed that the Swiss chocolatier had infringed its trademark on golden bears.
On 6 December 2012, the EU Court of Justice dismissed AstraZeneca’s appeal of the General Court’s judgment in AstraZeneca v Commission.
Amcham, with the support of Karanovic & Nikolic, held its 10th Annual Intellectual Property Rights Conference (IPR) in Arandjelovac, Serbia on 5–6 December 2012.
Simmons & Simmons and Wragge & Co are set for a High Court trademark trial next year with a Birmingham comedy club trying to take Fox TV’s ‘Glee’ off the air.
Allen & Overy (A&O) IP litigator Huw Evans is set to leave the firm to join Norton Rose as a partner.
Olswang IP partner Campbell Forsyth has spearheaded new patent service HLP3, a process aimed at helping patent owners monetise their patents for a fixed fee, working alongside a group of insurers, funders and IP experts.
Field Fisher Waterhouse’s (FFW) has seen another partner exit its European practice with German managing partner Joachim Feldges moving to Allen & Overy (A&O) as the magic circle firm bids to strengthen its German IP team.
IP boutique Hoyng Monegier has picked up Hogan Lovells partner Carla Schoonderbeek, less than 18 months after she joined the international firm from Nauta Dutilh.
Finnish firm Roschier has launched a brands team through a merger with IP outfit Benjon.
Mobile phone giants square up for a big scrap over 4G technology
On 9 August 2012, China’s State Intellectual Property Office (SIPO) released a draft fourth amendment to China’s Patent Law for public comment.
Just one day before the start of New York Fashion Week, the United States Court of Appeals for the Second Circuit gave some much-needed comfort to the fashion industry by ruling in the legal battle between French footwear designer Christian Louboutin and Yves Saint Laurent that Louboutin’s famous red lacquered sole deserves trademark protection.
Competition lawyers are worth their weight in gold.
Boutique IP firm Powell Gilbert has secured patent validation for its client Human Genome Science (HGS) after six years of litigation.
A woman who died after being crushed by falling window frames in central London has been named by police as Amanda Telfer, a lawyer at Keystone Law.
The former international legal chief of deals website Living Social has taken up a new in-house role at online games developer King.com.
Quinn Emanuel Urquhart & Sullivan client Samsung lost a landmark patent case against arch-rival Apple over the weekend with a US court ordering Samsung to pay $1bn (£655m) in damages for infringing several of the iPhone maker’s designs.
The Court of Justice of the European Union, Europe’s highest court in charge of interpreting harmonised laws among the 27 member states, has set the scene for a new option in patent infringement proceedings in Europe.
Davis Polk & Wardwell, Debevoise & Plimpton, Simpson Thacher & Bartlett and Weil Gotshal & Manges have all snapped up roles advising on the Carlyle Group’s acquisition of Getty Images from US private equity rival Hellman & Friedman.
On 3 July 2012, the Court of Justice of the European Union released its much-anticipated ruling in UsedSoft GmbH v Oracle International Corp.
Charles Russell has secured a popular victory for Irish bookmakers Paddy Power after Olympics organisers LOCOG backed down over an advert campaign.
Political agreement was reached at the June 2012 European Council meeting on what had been termed as the last remaining issue on Europe’s new patent system — the location of the Central Division for the Unified Patent Court.
In this age of increased cross-border litigation the landscape of data protection is changing, and new legislation is on the EU launch pad
Apple IP challenge shows our court system is willing and able to achieve speedy results
If Europe rejects anti-counterfeit agreement there is little chance of it gaining wider acceptance
Belgian firm De Wolf & Partners has moved to strengthen its IP team with the hire of Capgemini’s former general counsel for Australia.
Hogan Lovells has scooped half a million euros in costs from a successful intellectual property litigation in the French courts.
Brodies has bulked up its IP practice with the hire of two partners from Maclay Murray & Spens.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents
Retired NBA superstar Michael Jordan has instructed Chinese law firms Fangda and Jun He to advise on and act in a lawsuit in China against Qiaodan Sports Company for the unauthorised use of his name.
Dechert has launched an IP team in France through the hire of Linklaters partner Marianne Schaffner and a team of associates.
The Lawyer Roundtable ‘From Process to Profit’, in association with Thomson Reuters FloSuite Legal.
Fighting online piracy has been a hot issue for several years. Do we need a new Copyright Act? Four leading in-house lawyers have their say
Four lawyers from firms including Eversheds and Taylor Wessing have joined forces to launch an IP boutique in Munich.
UK lawyers are backing London as the home of the new European patents court, saying that the capital is a perfect fit.
Technology giant Apple is considering its next step after losing a court case in Shenzhen over the ownership of its iconic iPad trademark.
Hogan Lovells has hired an IP partner in Shanghai to bolster its Chinese practice.
Hogan Lovells has hired a Squire Sanders & Dempsey partner in San Francisco to strengthen its IP and IP litigation capabilities, particularly in the Chinese context.
US litigation powerhouse Quinn Emanuel Urquhart & Sullivan has picked up the outgoing general counsel of pharmaceutical giant Novartis as a partner to boost its European offering.
The head of the London intellectual property litigation group group at McDermott Will & Emery, Gary Moss, is leaving the firm to launch a legal practice at patent and trademark boutique EIP.
Niche IP firm Hoyng Monegier has hired a team of lawyers from Benelux giant Nauta Dutilh.
IP set 11 South Square was both a winner and a loser in the High Court this week as pop superstar Lady Gaga obtained an injunction preventing a computer game company from releasing a single by a cartoon character.
Mishcon de Reya has boosted its partnership with the addition of Field Fisher Waterhouse (FFW) IP partner Lewis Cohen and Travers Smith banking partner Michael Bardell.
Taylor Wessing has bolstered its trademarks, copyright and media team with the hire of trademark specialist France Delord as partner.
DLA Piper has boosted its IP and technology group with the hire of Jacqueline Bore as partner.
The Supreme Court has held that Lucasfilm can enforce a US copyright in the UK but that the stormtrooper helmet the movie giant went to court over was not a sculpture and therefore the defendant did not breach copyright.
Olswang has extended its European network with the launch of an IP-focused office in Munich.
Dewey & LeBoeuf’s Milan IP head Marco Consonni has left the firm with three lawyers to join Italian IP boutique Orsingher.
Quinn Emanuel Urquhart & Sullivan is preparing to launch a UK patent litigation practice. It will be the first major strategic extension of the US litigation firm’s London office since its launch three years ago.
Proposals to introduce a digital copyright exchange may be wishful thinking and could create a two-tier system of IP protection, according to sector experts.
Taylor Wessing has looked to rival firms SJ Berwin and Squire Sanders Hammonds as it continues the expansion of its IP practice.
Canadian firm Gowlings has hired Unilever’s former vice-president legal and global anti-counterfeiting counsel for its London office.
Seven IP partners have left Howrey’s US offices in the last five days including San Francisco-based rainmaker KT Cherian.
Field Fisher Waterhouse (FFW) plans to open in Munich and Düsseldorf after hiring a four-partner team from Howrey.
Brick Court’s Jonathan Sumption QC has been called upon to represent Lucasfilm in its Supreme Court battle over the alleged copyright infringement of the Star Wars stormtrooper helmet.
The boutique firm formed by Howrey’s European IP team has made a further five partner hires in time for its official launch.
The fate of the recent Johnson & Johnson contact lens action shows why the pace of movement towards a centralised EU patent system is quickening, says Douglas Campbell
Norton Rose has hired a DLA Piper partner to strengthen its IP and IT practice in Paris.
SNR Denton has claimed a starring role acting for Qatar on its successful bid to host the 2022 Fifa World Cup.
US firm Kilpatrick Stockton yesterday confirmed it is to merge with IP boutique Townsend & Townsend & Crew.
Norton Rose has launched an IP and technology practice that will be headquartered in Hong Kong and offer services across Asia.
Howrey’s European IP head and Europe managing partner are both set to leave along with at least 10 other partners to set up their own IP firm.
Digital books are finally making their mark, and a happy ending to the long IP tussle between authors and traditional publishers may just be in sight
IP specialist Rouse has appointed a new head of its UK operations, with Luke Minford moving into the role after six years heading the firm’s office in China.
A team of six IP lawyers, including five partners, are leaving Hogan Lovells’ Los Angeles office for DLA Piper because of client conflicts.
Baker & McKenzie has been appointed as global IP counsel for manufacturing giant JCB.
?Norton Rose has continued to grow its Asian footprint with the hire of two IP partners from DLA Piper’s Hong Kong office. Non-contentious IP and technology specialist Gigi Cheah and contentious and non contentious IP lawyer Justin Davidson will join the City firm’s Hong Kong practice, taking its partner headcount to ...
US firm Howrey is to launch a Düsseldorf office after hiring a partner from one of Germany’s top IP boutiques.
Olswang has been retained by Paradox Entertainment to help it defend its intellectual property ahead of the release of the film Conan.
PINSENT Masons is hiring a team of six lawyers that together form the bulk of the life sciences boutique Roiter Zucker.
High flying Wilberforce Chambers barrister Anna Carboni is to leave the set to join IP boutique Powell Gilbert.
Stephenson Harwood has boosted its Hong Kong practice with the appointment of Clifford Chance consultant Audrey Shum as a partner in its IP team.
Midlands firm Freeth Cartwright has brought in Simon Barker from Birmingham rival Martineau to head its intellectual property team.
IP boutique Joshi & Welch has appointed former BP in-houser Bob Boad as its new chairman.
The Allen & Overy (A&O) German IP litigation partner leaving the firm to launch Quinn Emanuel Urquhart Oliver & Hedges’ first Continental Europe outpost is taking over the magic circle firm’s entire office.
US litigation firm Quinn Emanuel Urquhart Oliver & Hedges is launching its first office in Continental Europe with the hire of a group of IP lawyers from Allen & Overy (A&O) in Germany.
Field Fisher Waterhouse (FFW) has built up its Brussels IP practice with the hire of former Allen & Overy (A&O) of counsel Thierry van Innis.
DLA Piper has hired Gareth Morgan from Taylor Wessing as a partner in its IP/IT practice.
A viable Europe-wide patent system has caused legislators not a little consternation over the years. Benoît Strowel examines the history behind the concept
?A viable Europe-wide patent system has caused legislators not a little consternation over the years. Benoît Strowel examines the history behind the concept.
?Illegal downloading of copyrighted material is now being tackled by the Government with a new bill. Hamish Porter takes a look at what it contains
Illegal downloading of copyrighted material is now being tackled by the Government with a new bill. Hamish Porter takes a look at what it contains
Arnold & Porter has bulked up its London IP practice with the capture of a four-lawyer team - led by partner David Perkins - from Milbank Tweed Hadley & McCloy.
Marks & Clerk Solicitors has brought on Simmons & Simmons partner and dispute resolution specialist William Cook to the firm.
Speechly Bircham has turned to Nabarro for the hire of competition partner Robert Bell.
Hammonds is in talks with German firm Gulde Hengelhaupt Ziebig & Schneider about setting up a patent prosecution referral relationship following the departure of two partners from the UK firm’s Munich office.
Guernsey is forging ahead with plans to introduce laws offering greater protection and exploitation of IP rights. By Jason Romer
The European Commission wants to make pharmaceuticals companies’ IP rights less anticompetitive. Stefan Abel and Thomas Friede report
Not so long ago, in a courtroom far, far away, raged a fierce battle over a Briton selling replica Star Wars paraphernalia. Karen Fong sheds some light on the dark side of IP
A pair of high-profile IP partner hires made last week by the City offices of US firms confirmed the continuing vigour of the practice area during the downturn.
?Bird & Bird has formed an alliance with Beijing IP boutique Xiang Kung Law Firm, with the aim of strengthening its contentious capabilities in China.
Bristows’ financial results have confirmed the health of the IP market, with the London firm posting a 19.5 per cent increase in revenue.
Linklaters’ global head of technology, media and telecoms (TMT) and IP has left the firm to take up roles with Bird & Bird and Chinese healthcare group Sinocare.
When it comes to intellectual property disputes, going down the litigation route isn’t always the best option. Gary Fern argues that protecting patents is best done through arbitration
The Commercial Court working party’s recommendations are not set in stoneand, as such, will be a shot in the arm for the country’s litigation framework, says Simon Davis
A new pre-action conduct direction flags up the importance to the plaintiff of securing the court first seized, ensuring their jurisdiction of choice isn’t scuppered by the defendant’s delaying tactics. By Keith Oliver, Steve McCann and Katie Brown
A working party set up by the Commercial Court Users Committee has tried to streamline and deliver precision to the court’s methodology. Gregory Banner reports on what could be achieved
Field Fisher Waterhouse (FFW) IP partner John Olsen, who took his firm to an employment tribunal, has left to join the London office of US firm Edwards Angell Palmer & Dodge.
Eversheds has won a mandate as the sole adviser to the organiser of the world’s first zero-carbon grand prix, which will take place on the Isle of Man TT circuit in June 2009.
Allen & Overy (A&O) and Freshfields Bruckhaus Deringer have joined forces with leading US firms and banks to lobby for the expansion of public private partnerships ...
The Football Association has revamped its legal panel, handing positions to 11 silks, who will decide on football disputes involving clubs and players.
Former Crystal Palace FC manager Iain Dowie is taking CMS Cameron McKenna to court over fees racked up by the firm when it represented Dowie in defence of a claim brought by the club.
Leading international IP firm Rouse has formed a strategic alliance with consultancy Iceberg Transactions to ramp up its non-contentious IP transaction capability.
Mishcon de Reya has scored a rare criminal conviction from an IP case, securing a jail sentence on behalf of Microsoft against a parallel importer.
Pinsent Masons and Mills & Reeve have landed spots on Trafficmaster’s legal panel, knocking previous advisers ;Addleshaw Goddard and Lewis Silkin off the list.
Slaughter and May has completed the biggest deal of the football transfer window, securing Russian star Andrei Arshavin for Arsenal.
Freshfields Bruckhaus Deringer has been appointed the official law firm of the London Organising Committee of the Olympic and Paralympic Games.
Waning life sciences market prompts firm’s hunt for new corporate partners.
US firm Locke Lord Bissell & Liddell confirmed today that it had hired a group of around 30 lawyers from New York IP boutique, Morgan & Finnegan.
Linklaters in High Court defending negligence claim" /Former Linklaters partner Andrew Legg gave "careless and negligent advice" in a dispute between two telecoms companies, the High Court was told this week.
US intellectual property boutique Morgan & Finnegan is on the brink after 12 of its 17 partners quit.
Cadwalader Wickersham & Taft has scored a lead role on US drug manufacturer Pfizer’s $68bn (£49.8bn) acquisition of rival Wyeth, the biggest M&A deal in the world for months.
Mobile phone giant Orange has left Bevan Brittan out of its new-look panel.
SJ Berwin in redundancy talks with 50" /SJ Berwin has launched a series of redundancy consultations that could see up to 50 members of London staff lose their jobs.
The Daily Mail and Russian oligarch Alexander Lebedev have called on Freshfields Bruckhaus Deringer and Simmons & Simmons to advise on the sale of the Evening Standard.
Bird & Bird has boosted its Frankfurt office with the hire of two partners, taking Wolfgang Hess and Sven-Erik Heun from Lovells and Willkie Farr & Gallagher respectively.
Berwin Leighton Paisner (BLP) and Hill Dickinson have advised on West Ham United’s new sponsorship agreement.
Copying has long been viewed as part and parcel of the fashion industry. But as the downturn bites, designers and retailers are increasingly taking action to protect their brands.
Field Fisher Waterhouse (FFW) has cut 31 support staff after a redundancy consultation ...
Speechly Bircham has bolstered its IP, technology and commercial practice by taking on two partners, Nathalie Moreno from Beachroft and Vinod Bange from Eversheds.
DLA Piper has seen off Field Fisher Waterhouse (FFW) and Pinsent Masons to win a Government mandate worth up to £10m in fees over five years.
A High Court judge has ordered Allen & Overy (A&O) and McDermott Will & Emery to estimate their costs before an intellectual property (IP) ...
So there you are, quietly enjoying some internet porn, when you hear a letter drop on to the mat. It is from Davenport Lyons, a media and IP firm, demanding around £500 for the porn. And it has killed the mood.
He began his career as a journalist and dabbled in the music business, but now Gordon Finlayson has finally found his perfect job – overseeing the legal function at Showtime Arabia.
Channel 4 has promoted Prash Naik to the role of controller of legal, replacing Jan Tomalin, who has left to set up her own firm.
High Court judge has ordered Allen & Overy and McDermott Will & Emery to estimate their costs before an intellectual property (IP) trial, showing judicial unease over the cost of UK litigation.
BT Group is in the process of overhauling the in-house functions of its separate businesses, creating central pools of lawyers to handle employment and regulation issues.
BAE Systems has appointed a new chief counsel for its land systems business following Mike Elston’s move to India.
Consumer group Which? has complained to the Solicitors Regulatory Authority (SRA) about letters sent by Davenport Lyons to alleged file-sharers on behalf of copyright owners.
BAE Systems is set to lose its head of knowledge management, with Jo Humphrey expected to join technology company Johnson Controls as chief- counsel for Europe.
T-Mobile is set to renegotiate terms with its UK panel firms in an effort to drive down costs in response to the economic downturn.
Denton Wilde Sapte has been giving lessons to global media network Al Jazeera on improving its image in the press.
Bird & Bird’s newly formed association with Singapore firm Alban Tay Mahtani & de Silva (ATMD) has been established as a precursor to a full-blown merger.
Davenport Lyons’ client list gets the sex factor" /London media firm Davenport Lyons is bulking up its client list with porn companies as part of a push into copyright litigation.
With record deals, fitness videos and even a festival tent, Ministry of Sound has become more than just a nightclub. Tom Phillips meets head of legal Victoria Davies
The Serious Fraud Office (SFO) could face a £10m legal bill following the collapse of its £25m, six-year investigation into alleged price fixing by drug manufacturers.
Mobile phone company O2 has completed a radical overhaul of its legal function that has seen general counsel Justine Campbell leave the company and Clifford Chance and Herbert Smith appointed as sole advisers in Europe.
When Pavel Klimov embarked on his career in communist Russia he had few options open to him. Now he is a globetrotting lawyer in charge of Unisys’ Emea legal team.
The Guardian newspaper has lost its head of legal Nuala Cosgrove to media regulator Ofcom.
Intellectual property (IP) disputes in the High Court have shot up by 83 per cent in the past year as businesses move to protect their IP rights in the downturn.
Mark Abell and Christopher Jackson, the Field Fisher Waterhouse partners trapped in a Mumbai hotel siege, have been evacuated.
Irwin Mitchell personal injury (PI) head John Pickering has been elected unopposed to the post of managing partner.
Patent and trademark attorney firm Mathys & Squire has launched a Manchester office with the hire of two directors from rival firm William A Shepherd & Son.
Start-up IP boutique iLaw now employs 10 lawyers following the hire of former DLA Piper commercial lawyer Rachel Laurent.
Clintons’ star family lawyer Liz Vernon is to go up against Withers partner Mark Harper in the Ecclestone divorce, set to produce the largest divorce settlement in UK legal history.
India’s largest law firm by lawyer numbers, FoxMandal Little (FML), has hired a new head of copyright from specialist Indian IP firm Akash Chittranshi & Associates.
Dewey & LeBoeuf has gone head to head with Freshfields Bruckhaus Deringer in a case brought by a Bahraini prince against singer Michael Jackson.
Daily Mail chief Paul Dacre’s speech to the Society of Editors, in which he took Mr Justice Eady to task for his privacy rulings, has laid bare the simmering tensions between certain papers and the judiciary.
Outsourcing lawyer Rory Graham and former Baker & McKenzie disputes lawyer Robert Coffey have launched their own firm.
Mr Justice Eady has come under attack from the Daily Mail editor-in-chief Paul Dacre for bringing privacy laws in by the back door.
Indian firm Luthra & Luthra has scooped a four-lawyer team from Indian IP specialist firm Anand & Anand.
NBC Universal has hired a Field Fisher Waterhouse partner to launch the legal department of its new International Television Production business.
As the international vice president of legal for genealogy website The Generations Network, Ruth Daniels is relishing the challenge of new markets, she tells Tom Phillips
Speechly Bircham has advised food maker GO3 on the launch of a healthy eating food range endorsed by David Beckham.
Memery Crystal has laid off two fee earners in its corporate department following a round of redundancies.
Collyer Bristow has forced the Daily Mail to apologise to Italian footballer Marco Materazzi for the newspaper's coverage of the 2006 World Cup Final.
The London IT legal market has a new entrant in the form of Coffey Graham, a two-partner firm, which launched last week. Founders Rory Graham and Robert Coffey hail from Morgan Lewis and Baker & McKenzie respectively.
Big Brother producer Endemol has hired ITV's group director of legal and regulatory compliance as global head of legal.
Former actor Caroline Barnett has found the perfect role as the Royal Shakespeare Company’s general counsel. Tom Phillips reports.
IP chambers 8 New Square has scored a Court of Appeal win for technology company Symbian, in a decision that could see software patents allowed in the UK for the first time.
The Newly launched Abu Dhabi media city twofour54 has turned to Dubai-based pay-TV operator Showtime Arabia for its first general counsel.
Norfolk-based Steeles Law has been retained by Formula 1 chief Max Mosley to take his privacy case to the European Court of Human Rights.
Bates Wells & Braithwaite head of immigration Philip Trott has made a name for himself standing up for rappers’ rights
The Serious Fraud Office (SFO) is to appeal the High Court’s ruling that one of the Government’s longest and most expensive prosecutions should be dropped.
The former UK legal director of Paramount Home Entertainment has launched a boutique media firm.
London sports firm Couchman Harrington Associates has won a choice mandate from pensions company Aegon to advise on its sponsorship of the Lawn Tennis Association (LTA).
White & Case has secured a mixed ruling on one of the most anticipated judgments on competition law from the European Court of Justice (ECJ).
Brabners Chaffe Street has bagged a lead role acting for West Ham United on the club’s appeal against a £30m payout to Sheffield United.
Facebook has hired Kirkland & Elllis partner Theodore Ullyot as its new general counsel.
Eversheds has chopped the size of its in-house IT team by 40 per cent – from 200 employees to 120 – following the outsourcing of its daily operations.
Bermuda-based fixed satellite provider Intelsat has appointed the former head of business and legal affairs for the emerging markets division of MTV Networks International as its assistant general counsel, principally responsible for Europe and the Middle East.
US firm Mintz Levin Cohn Ferris Glovsky and Popeo is to move into bigger offices in London as it seeks to build up its reputation for corporate and IP in the UK capital.
It’s no accident that the Chancery Division and the Commercial Court are separate entities – and that’s how they should stay, argues Geoffrey Zelin.
Calls for a merger of the Chancery Division and the Commercial Court have right – and the interests of litigants – on their side, says Lawrence Cohen QC
The Commercial and Chancery arena is in for a busy new term, with two of the biggest cases for this year starting in the courts – the Buncefield litigation and Tajik Aluminium.
Commercial enterprises thrive on saving time and costs, which is why mediation is threatening to take over from traditional litigation.
The court system needs to address the high costs of lower-end commercial disputes if it wants to service the business community effectively.
A group of around 15 intellectual partners from Heller Ehrman are thought to be about to leave the firm to join Washington DC-based Covington & Burling.
The New York office of Winston & Strawn played host yesterday (15 September) to a group of 21 UK technology companies on the hunt for business opportunities in the US.
MTV Networks is due to reshuffle its legal team after parting company with Robert Cummins, its head of business and legal affairs for emerging markets.
Field Fisher Waterhouse IP partner John Olsen has filed a claim with an employment tribunal, complaining of age discrimination and harassment. His claims are absolutely astonishing.
Field Fisher Waterhouse partner John Olsen is taking his own firm to an employment tribunal, alleging age discrimination and bullying behaviour.
The world’s largest-ever meeting of intellectual property lawyers was held this week in Boston, with the centrepiece being a battle over a hamburger.
West End firm Davenport Lyons has continued its recent expansion by hiring a trio of partners for its employment, IP and property practices.
Brabners Chaffe Street has emerged as the busiest law firm in football, advising nine clubs on a total of 33 transfers during the summer transfer window, which closed last Monday (1 September) at midnight.
Linklaters IT partner joins Bristows" /Bristows has snared Linklaters IT partner Christopher Millard, who joined the firm as a consultant today.
The London office of US firm Morgan Lewis & Bockius is reviewing its strategy following the loss of its only two IT and outsourcing partners.
Linklaters has advised the Qualifications and Curriculum Authority (QCA) on an early exit from its contract with US-owned exams administrator ETS Europe after the latter failed to deliver test results.
DLA Piper has been hit by the loss of an IT litigator less than a month after making five redundant in its technology, media and communications group.
The press pack outside the London Central Employment Tribunal is a sure sign that somebody's reputation is going to be irretrievably sullied by the afternoon's media coverage.
Denton Wilde Sapte has marked its tenth year advising the England and Wales Cricket Board (ECB) by acting on the £300m sale of the UK media rights to matches between 2010 and 2013.
Alexandra Harrison, a legal consultant at Kroll Ontrack and former barrister suggests why using technology in the preparation and presentation of evidence is key to controlling the cost of litigation. Edmund Lawson QC also talks about his first hand experience.
As the Beijing Olympics Start, Athlete Privacy is High on the Agenda
Norton Rose has raided DMH Stallard for IP partner Jonathan Ball, who only joined the South East firm ;a ;year ;ago ;from Freshfields Bruckhaus Deringer.
Fladgate faces potential £10m payout as Izodia gets around to negligence action" /Fladgate may have to pay out in excess of £10m in damages if the negligence action brought against the firm by former dotcom company Izodia is successful.
Howrey has won a groundbreaking patent case for new client Eli Lilly after the High Court handed down its first-ever judgment on the patentability of human genes.
Reed Smith and Stephenson Harwood have secured a Court of Appeal discharge of a $50m (£25.44m) freezing injunction against the Republic of Bolivia and its state-owned telecommunications company.
In a report published in April by its Financial Crime and Intelligence Division (FCID), the FSA warns that many financial services organisations are still falling substantially short of what it expects of them in safeguarding the security of their customer data, and that this presents a “serious, widespread and high-impact risk” ...
Nowadays it’s so easy for vast quantities of data to leave the workplace – on CDs and DVDs, on laptops, on USB sticks. Inevitably some of it is mislaid, lost or stolen. When two CDs went astray containing personal details of 25 million people, businesses realised that if confidential data is going to leave the office it ought to be encrypted.
DLA Piper is conducting a firmwide review of staffing levels, resulting in five redundancies in the firm’s technology, media and communications (TMC) group.
Wragge & Co is set to open an IP litigation office in Munich by September, although it will maintain its relationship with German best friend Graf von Westphalen, which also has a Munich presence. Wragges head of IP Gordon Harris said: “Increasingly, if you have European patents, US clients ask themselves whether to enforce in the US or in Germany, and quite frequently the answer to that is Germany.”
Virgin Media has promoted associate general counsel Scott Dresser to deputy general counsel.
Quinn Emanuel Urquhart Oliver & Hedges, Cravath Swaine & Moore and Cooley Godward have brokered a deal that sees the end of a three-year global dispute between Qualcomm and Nokia.
Reed Smith is to launch an office in Silicon Valley after hiring Morrison & Foerster Palo Alto partner Rich Scudellari.
Heller Ehrman has recruited IP partner Richard Penfold from DLA Piper to boost its year-old London office as speculation over an impending merger with Baker & McKenzie persists.
DLA Piper has made five lawyers redundant in its technology, media and commercial group.
Litigation firm SimmonsCooperAndrew has struck down George Lucas’ High Court battle for ownership of the IP rights to the Star Wars stormtrooper helmets.
Wragge & Co opens Munich IP base" /Wragge & Co is to open an IP litigation office in Munich by September, though it will maintain its relationship with German best friend Graf von Westphalen, which also has a Munich presence.
Alston & Bird is targeting a simultaneous launch of two offices this week on the US west coast.
Many lawyers acting for brand owners will have felt the shockwaves emanating from Google’s recent controversial change to its policy regarding the use of trade marks as keywords in the UK and Ireland.
Norfolk-based Steeles Law has been retained by Formula 1 chief Max Mosley as he launches libel proceedings against the News of the World.
Pinsent Masons has scored its first major deal for bookmakers William Hill since a June panel review, ;advising ;the company on a deal to upgrade its online betting service.
Baker & McKenzie has prevailed over a Scottish family in a fight over the narnia.mobi domain name, after a decision from the World Intellectual Property Organisation (WIPO).
GlaxoSmithKline (GSK) has hit the US for its new general counsel, hiring Sidley Austin life sciences partner Dan Troy after a seven month search.
Howrey’s burgeoning UK intellectual property (IP) practice has scored a valuable patent win for biotechnology ;client Angiotech against Conor Medsystems in the House of Lords.
Nokia has found a new global general counsel following a 10-month search, having decided to promote internally for the role.
Bird & Bird has boosted its IP team in Germany with a partner hire from Mayer Brown’s Frankfurt office.
Lovells is advising international conservation group Flora & Fauna International (FFI) on a series of carbon-reduction PPP projects in developing countries.
Hogan & Hartson is launching its first office in the Middle East when it opens in Abu Dhabi next month.
Lovells has advised on the ParalympicsGB on the intellectual property issues on its new TV advertising campaign featuring Sir Paul McCartney.
French firm Jeantet Associés has scored a €40m win for retailer LVMH after a French court ruled that auction site Ebay failed to block the sale of counterfeit LVMH goods.
Orrick has hired the former head of Jones Day’s Los Angeles IP group, Rob Dickerson as a partner.
US firm Duane Morris has moved into a new London office to pave the way for the expansion of its core practice areas. The firm is targeting litigation, insurance, corporate, IP, insolvency and employment as areas of growth in the City. London co-managing partner Susan Laws said: "The much-improved office space will allow us to continue to support the growing interest in the London legal market from our US, Singapore and Vietnam offices." The new office is next door to the old premises ...
Music industry association IFPI has ended its year-long search for a general counsel, promoting litigation head Jo Oliver to the top job.
Bird & Bird won International Firm of the Year at The Lawyer awards last night, in recognition of a global expansion strategy that has helped the firm triple its revenue over the last seven years.
Music industry association IFPI has ended its year-long search for a general counsel, promoting litigation head Jo Oliver to the top job.
Bookmaker William Hill has slimmed down its internal legal panel of advisers.An invitation to tender was sent to around 10 firms, with Addleshaw Goddard, Ashurst ;and ;Pinsent Masons making the cut.
Baker & McKenzie, the firm suing an Edinburgh dad on behalf of the CS Lewis estate after he purchased the ‘narnia.mobi’ domain name has not managed to protect its own .mobi domain name.
China is on course to overtake the US as the world's largest patent-filing jurisdiction by 2012 if the growth in both countries continues at its current rate.
Sport boutiques Couchman Harrington Associates (CHA) and Onside Law have finalised a deal that will see a new Twenty20 cricket tournament in England funded by Texas billionaire Sir Allen Stanford.
Football is becoming more soap opera than sport and each character in the cast has their own legal team backing them up. As money pours into the game from sponsorship and media deals, the stakes have increased along with the legal complexities.
The Scottish father who owns the narnia.mobi domain name insists that it was a present for his 11-year-old son despite the fact that he owns 78 other domain names.
Davenport Lyons won a favourable decision from the Advertising Standards Authority (ASA) for its client, Bond Street suit maker Sartoriani, allowing it to advertise its suits as "bespoke" even though they have not been made on Savile Row.
A couple from Edinburgh being threatened with a law suit by Baker & McKenzie over their son’s 11th birthday present has received offers of Pro Bono advice from three law firms, The Lawyer can reveal.
Howard Kennedy has parted company with its six-partner media practice, with three of the team poised to launch their own boutique.
Berwin Leighton Paisner (BLP), Linklaters and Simmons & Simmons have all scored roles advising on a £635m contract to provide flight training for the Ministry of Defence (MoD). BLP helped the Ascent consortium, comprising VT Group and Lockheed Martin, secure the 25-year deal. BLP finance head Simon ...
#Field Fisher Waterhouse has boosted its technology practice by hiring Katrina Dick as a partner from Lovells. Dick specialises in communications law and regulation, new media, and information technology law. At Lovells she was of counsel. FFW's technology group now comprises 12 partners and 22 lawyers. The appointment is the firm's fifth lateral hire since April and the second in ...
Olswang has represented Microsoft on an agreement with Channel 4 to allow users of Windows Live Messenger to watch shows such as Skins and Peep Show online.
The next time you run an internet search on Google and click on one or two of the top results, you might find yourself participating in a covert trademark theft that spans the globe - all in the space of around 0.08 seconds, depending on your connection speed.
Orange's vice-president for legal and regulatory Amanda Doyle is reviewing her panel. Kit Chellel finds out who the favourites are.
Cravath Swaine & Moore and Paul Weiss Rifkind Wharton & Garrison snared lead roles on Time Warner's $9.25bn (£4.68bn) spin off of its cable television operations. Longstanding adviser Cravath advised Time Warner on the deal, which has separated the media conglomerate from Time Warner Cable. Corporate relationship partner Richard Hall led the team. Paul Weiss corporate partners Ariel Deckelbaum and Robert Schumer led the team advising Time Warner Cable.
Bird & Bird has emerged as one of the fastest growing technology and media outfits in the top 100 UK firms, outstripping its peers with a 24 per cent increase in turnover to reach £143m.
Pfizer has snared DLA Piper’s co-head of its class action practice group to be its vice president and global general counsel.
Media and entertainment firm Harbottle & Lewis has appointed tax partner Glen Atchison as its new managing partner, taking over from Lawrence Abramson. Atchison will take up his role at the start of June after leading the tax practice for 10 years. He has been on the firm's management committee since 2006.
Stephenson Harwood and Norton Rose have snared lead roles on the outsourcing of sharia-compliant insurance, believed to be the first deal of its kind.Norton Rose, led by partner Mike Rebeiro, advised Principle Insurance on the £90m outsourcing...
Olswang has posted an 11.2 per cent increase in revenue over the past year, up to £92.4 million from 83.1m the year before.
US firms Cravath Swaine & Moore and Paul Weiss Rifkind Wharton & Garrison snared lead roles on Time Warner’s $9.25bn spin off of its cable television operations.Long standing advisers Cravath advised Time Warner on the deal, which will see the...
Media and entertainment firm Harbottle & Lewis has appointed a new managing partner, with tax partner Glen Atchison taking over from Lawrence Abramson.
An Allen & Overy (A&O) IP and commercial partner in Hamburg has set up his own boutique practice, taking three associates with him.
Morrison & Foerster (MoFo) has hired IP bengoshi Yukihiro Terazawa to bolster its Japanese practice with joint venture partner Ito & Mitomi.
US firm Edwards Angell Palmer & Dodge has launched a European patent prosecution practice in London just months after merging with UK firm Kendall Freeman.
Herbert Smith is rolling out a bespoke computer system designed to ensure that work is efficiently allocated between teams.
K&L Gates merges with Taiwan firm" /US firm K&L Gates has announced a merger with Taiwanese firm J&J Attorneys-at-law, strengthening its Asian capabilities.
Thomson Reuters has unveiled a restructured legal team following the firms' merger and installed a new general counsel for Europe.
Bird & Bird has launched a Central and Eastern Europe (CEE) desk with the hire of rated Czech Republic technology and media partner Stephen Kines, paving the way for an office opening in Prague.
The founder of IP consultancy Rouse & Co International has been appointed chief executive at common law set Seven Bedford Row (7BR).
Squire Sanders & Dempsey has relaunched its office in Ukraine after taking an eight-lawyer team from its former local ally The Silecky Firm.
Nabarro's French best friend, August & Debouzy, has hired the lawyer representing former Société Général rogue trader Jérôme Kerviel as a partner.
Morrison & Foerster (MoFo) has sewn up a raft of UK life sciences deals, winning a place on six transactions in the past month.
Media law firm Schillings scored a victory in the Court of Appeal today (7 May), which held that the privacy of client and Harry Potter author JK Rowlings’ five-year-old son had been infringed.
IP firm Rouse Legal has boosted its partnership with the hire of the head of Allen & Overy's intellectual property group.
Media boutique Wiggin has added two new partners, promoting one and hiring the other from Bristol firm Veale Wasbrough.
DLA Piper has scored the lead role acting for the FA Premier League in a dispute with a group of UK pubs over the broadcasting of football?matches.
Field Fisher Waterhouse has snared three Eversheds franchising lawyers and is to relaunch construction.
Telecoms giant Orange UK is set to revamp its roster of legal advisers in its first panel review for three years.
The backlash from A&O's £5.2m bill for work shows how you can win a court battle but lose the ensuing PR war.
Music promoter AEG Live, which has artists such as Beyoncé and Justin Timberlake on its books, has created the new role of general counsel and promoted one of its in-house lawyers to the position.
The Competition Commission signalled its intention to force a break-up of the near monopoly BAA operates in the supply of airport services in the UK.
BlackBerry manufacturer Research In Motion is set to scrutinise the details of the £5m-plus bill that Allen & Overy presented it with following a patent battle with wireless technology company Visto.
Canon Europe has launched its first-ever series of formal panel reviews in emerging markets, targeting jurisdictions such as Russia and Dubai.
Collyer Bristow IP partner Clare Algar is to leave private practice to join human rights charity Reprieve as deputy director.
Real estate investment trust DuPont Fabros Technology has hired a new general counsel from mobile telecoms company Sprint Nextel.
Herbert Smith client Imagem Music has won an auction to buy classical music publisher Boosey & Hawkes from private equity house HgCapital.
Compared with last year, 2008 has been an unexceptional promotion round for many senior associates in the top 100 firms. But for those in the IP and technology, media and telecommunications (TMT) departments, it was just another year of being almost completely overlooked.
Allen & Overy (A&O) has been slammed by the High Court for racking up almost £5.2m in costs and spending the equivalent of nine man years for a five-day trial.
Speechly Bircham has picked up the lead role acting for model Elle Macpherson on her deal to become the new face of $1.33bn American cosmetics giant Revlon.
Bird & Bird doubles partnership promotions" /Bird & Bird has doubled its promotions to the partnership, making up a record 14 associates to partnership this year after last year’s haul of seven.
PartyGaming is taking its commercial work in-house to save money after hiring Victoria Allison from IWC Media to join the team at the online gambling company's Gibraltar HQ.
The television company responsible for hit show The Apprentice has hired Jacqueline Moreton as its head of legal and business affairs from the UK arm of US media company CBS Paramount.
Herbert Smith IP heavyweight Bill Moodie is retiring after more than 30 years in legal practice.
The University of Dundee is introducing a bachelor of law degree that enables students to gain dual-qualification in Scottish and English and Welsh law.
Field Fisher Waterhouse (FFW) has fended off competition from a range of other firms to advise the BBC on the sale of its outside broadcasts division to sports broadcaster Satellite Information Services (SIS).
Olswang has advised independent film company Celador Films on Trainspotting director Danny Boyle's new picture. Film partner James Kay closed the deal on new title Slumdog Millionaire six weeks early after the team simplified the documentation to make it more user-friendly. Film4, the co-developer and co-financer on the project, was advised by in-house legal head Paul Grindey. Distributors Pathe Pictures ...
DLA Piper launches NY patent team with former Clifford Chance IP chief" /DLA Piper has snared former Clifford Chance America IP head to lead its IP practice group in the New York office.
Bird & Bird has lost its former chairman and leading technology partner Hamish Sandison to Field Fisher Waterhouse (FFW).
Diageo has restructured its global IP team to focus on regions rather than product lines in order to align the team more closely with the rest of the business.
Senior IP lawyer and patent attorney Tibor Gold has taken up a role as a consultant at LG. According to senior partner Penny Francis, this will help open doors for the firm's burgeoning IP practice.
Litigation boutique SimmonsCooperAndrew will cross light sabres with Harbottle & Lewis in a High Court battle of galactic proportions over who owns the IP rights to the stormtrooper costumes from the Star Wars films.
Lovells has strengthened further its international IP practice with the addition of Wragge & Co patent litigation partner Adam Cooke.
Simmons & Simmons Hong Kong has hired technology, media and telecoms (TMT) partner Damien Bailey from Minter Ellison, where he headed the Chinese TMT practice.
Olswang's Berlin office has doubled in size after taking on Linklaters' highly rated IP team of two partners and six fee-earners.
Hardwicke Building has ramped up its IP capabilities with the hire of senior junior Madeleine Heal from 5 Raymond Buildings.
Linklaters IP team quits for Olswang" /Olswang has taken on a star team of eight lawyers from Linklaters in Germany, doubling the size of its burgeoning Berlin office.
Olswang has advised new client Arts Alliance Media on five long-term deals to secure the rollout of digital cinema for five studios across Europe.
IP boutique Powell Gilbert has made up its first partner, bringing the total number of partners to six at the year-old firm.
Field Fisher Waterhouse (FFW) has scored a winning role for Carling Cup winners Tottenham Hotspur, advising on the club's crackdown on counterfeit goods being sold over the internet.
City IP boutique Bristows has recruited a three-partner disputes team from the London office of US firm Howrey.
Simmons & Simmons has edged out DLA Piper and Eversheds to become the preferred legal adviser for £1bn turnover outsourcing specialist Sitel.
Dundas & Wilson has just launched a specialist outsourcing unit that it claims is the largest in Scotland. As Dundas partner Laurence Ward puts it: "A dedicated outsourcing team of this size is unique in Scotland."
Howrey has launched an IP practice in its newly-formed Madrid office, grabbing a four-lawyer team from Spain's leading firm for IP Gómez-Acebo & Pombo.
Is entry into the US and Japan total madness or entrepreneurial genius?
Olswang has advised communications company Photon Group on its largest acquisition to date.
Nabarro has hired IT outsourcing partner George Wheeler-Carmichael from DLA Piper in a bid to attract more public sector-related work.
The trade organisation for the global mobile phone industry has hired a new general counsel to revamp its legal department.
Linklaters has merged its technology, media and telecoms (TMT) and IP practices as it prepares to boost both departments internationally.
Wragges triumphs as Appeal Court ends Cinpres patent saga" / One of the country's longest-running patent cases has ended with a Court of Appeal victory going to the IP team at Wragge & Co, after 12 years of bitter courtroom battles.
Bird & Bird IT partner Simon Shooter has advised De Beers in his first major deal for the diamond giant since joining the firm from Barlow Lyde & Gilbert (BLG) a year ago.
Hollywood actress Sharon Stone has used it. Supermodel Naomi Campbell has had it. Hell, even hypnotist Paul McKenna has utilised it.
On 20 November, to gasps from the House of Commons, the Chancellor of the Exchequer announced that HM Revenue and Customs (HMRC) had lost two CDs containing a copy of its entire child benefit database. This is one of the largest ever breaches of personal information security, anywhere in the world.
IP firm Bristows has re-energised its partnership with the promotion of two associates.
Twenty two media groups have joined forces to lobby the Government for a cap on the exponential costs in libel cases.
BT Global Services is on the verge of naming a new US general counsel after moving its legal chief into a senior lobbying position in Washington DC.
Marks & Clerk, the UK's biggest patent and trademark attorney firm, has appointed its youngest-ever chairman and committed to a strategy of international expansion.
Technology boutique Kemp Little has helped to improve mobile phone coverage for people on the T-Mobile network, advising the company on an outsourcing agreement with Ericsson.
One year on, Eversheds’ Tyco deal is setting a standard that others are trying to follow. By Nina Goswami
Olswang has made a major long-term investment in its telecoms practice with the hire of ex-Mayer Brown partner Rob Bratby.
Howrey has boosted its London IP group with two new partners, taking Marjan Noor from Taylor Wessing and Paul Inman from Simmons & Simmons.
An increasing number of law firms are opening, or considering to open, offices in 'Second Life', the virtual three-dimensional world.
Lovells has beefed up its global intellectual property media and technology practice with the addition of a new partner in Warsaw from Linklaters.
Media boutique Harbottle & Lewis settled its case against Hollywood producer Israel Baron after two days in the High Court just before Christmas.
Manchester sports boutique IPS Law has launched a music and entertainment practice with a lawyer from Laytons Solicitors.
Wiggin's sport and media team has scored a hat trick of deals, picking up mandates from ITV, Virgin Media and Manchester United FC.
Field Fisher Waterhouse (FFW) has embraced the world of children's television, advising international broadcaster and TV distributor Chello Zone on a 10-year joint venture with HIT Entertainment, the home of popular children's programmes such as Bob the Builder, Thomas and Friends, Angelina Ballerina, Pingu, Barney and Fireman Sam.
Most users of social networking websites such as Facebook have no idea how their personal data can be used. It's time to educate them on the risks, says Kevin Calder
From the shape of a sausage to Tarzan's yell, the courts are inundated with unusual trademark applications. Mary Bagnall and Susie Curtis clarify what, exactly, a trademark is
The US is facing stiff resistance over its patent reforms.
Osborne Clarke has boosted its Cologne office with the appointment of partner Michael Trimborn who will lead its German patent practice.
Eversheds hires DLA Piper tech partner" /Eversheds has hired former DLA Piper senior technology, media and commercial partner David Glover as a partner in its commercial practice group.
Online gaming is set to get a boost in the coming weeks, with Asian Logic becoming the first Asia-based gaming company to seek a London listing.
Cadwalader Wickersham & Taft has boosted its New York IP team with the hire of two partners from IP firm Morgan & Finnegan.
Field Fisher Waterhouse (FFW) is offering a discount fixed-fee arrangement for its trademark opposition service, giving clients the chance to nip IP disputes in the bud for £200.
Reed Smith Richards Butler senior associate Gregor Pryor has bagged a role advising social networking site Bebo on an open media content-sharing platform.
Milwaukee-based Foley & Lardner has been given the green light to set up a representative office in Shanghai following an application made in February (www.thelawyer.com 5 February).
IT consultancy Capgemini UK has expanded its legal panel following a review, handing SJ Berwin its first role on the roster to advise on dispute resolution.
Media lawyer Nigel Davies has joined West End media law firm Davenport Lyons as a partner in its music department.
Technology firm Kemp Little has launched its dedicated competition and regulatory practice with the recruitment of partner Susannah Sheppard.
The BPI, the industry group for UK record companies, has finally ended its search for a new general counsel, hiring Kiaron Whitehead from litigation firm Forbes Anderson Free.
Hill Dickinson's Manchester office has recruited its first patent attorney in a bid to establish itself as a full-service IP/IT practice.
UK gaming and amusement machine operator Danoptra Holdings has landed Halliwells' head of gambling law Nick Hawkins to take the newly created role of director of legal services.
Addleshaw Goddard is bringing football back home to terrestrial television, scoring the lead role for the Football League in its £264m media deal with the BBC.
UK gaming and amusement machine operator Danoptra Holdings has snared Halliwells head of gambling law Nick Hawkins to take the newly created role of director of legal services.
The BPI, the industry group for UK record companies, has finally ended its search for a new general counsel, hiring Kiaron Whitehead from litigation firm Forbes Anderson Free.
Google has hired a new general counsel to head its growing UK legal team, snapping up Expedia's rated European legal chief Luisa Edwards.
Payments processing company Total Systems Services (TSYS) has snared Global Switch general counsel Solomon Osagie to head its new UK-based legal team.
Lovells has announced a merger with Japanese firm Kubota Law & Patent that will allow it to advise on domestic Japanese IP law for the first time.
Sports experts at Blackstone Chambers and 4 Pump Court went head-to-head at the International Automobile Federation (FIA) in a clash that could have seen Formula 1 rookie driver Lewis Hamilton crowned champion.
Beachcroft has lost its head of technology Nick Holland to rival firm Eversheds.
Media boutique Atkins Solicitors has scored substantial damages for the former prime minister Tony Blair and his wife Cherie Booth QC of Matrix chambers.
The in-house team at US defence company Raytheon has negotiated and signed a £650m contract with the Home Office to manage its e-borders project.
The Government’s loss of 25 million people’s bank and employment details in the post has led to calls for the Information Commission to receive stronger powers.
The International Cricket Council (ICC) has hired the former head of Collyer-Bristow's sports practice to head its commercial legal department.
Pinsent Masons has recovered from Mishcon de Reya's raid on its IP team with hires from national rival Addleshaw Goddard and the BBC.
Brodies has beefed up its technology and information group with the addition of former Addleshaw Goddard partner Andrew Rigby.
Bird & Bird is celebrating one of the best half year performances in its history, growing by 24 per cent over the last six months.
India’s second largest IT company Infosys Technologies is set to target UK and US firms through the launch of its legal process outsourcing (LPO) business.
Ireland is becoming an attractive location for IP, with foreign companies moving their brands/licensing IP to those located in Ireland. To sustain this position, substantial efforts have been made to introduce measures to ensure that Ireland has the necessary legislative and administrative framework in place to offer sufficient legal protection for IP rights, as well as tax incentives to encourage and foster growth of IP rights in Ireland.
Norton Rose has lured two senior TMT associates from Allen & Overy (A&O) and Baker & McKenzie by offering them partnership.
Bird & Bird has launched a new trade and customs practice in Europe, landing a four-lawyer team from Simmons & Simmons in the Netherlands.
On 1 October 2007 a new system for examining UK trademark applications was introduced.
New York firm Dreier has signed an alliance with London boutique SK Sport and Entertainment to advise US sports figures in the UK and Europe.
The International Trademark Association (INTA) has named Unilever global anti-counterfeiting head Richard Heath as its president for 2009.
Baker & McKenzie has hired a raft of IP lawyers in Asia to recover from last month's raid by Jones Day, opening up a new front in the war for IP talent.
IP practitioners will need to update their textbooks on trademark and design rights after the Court of Appeal handed down two judgments within a week.
McDermott Will & Emery has suffered the loss of its London head of IP, Larry Cohen, who has defected to US rivals Latham & Watkins.
Thelen Reid Brown Raysman & Steiner has raided the New York office of Weil Gotshal & Manges, hiring patent litigation partner Steve Rizzi.
The Law Society and the Institute of Trade Mark Attorneys (ITMA) have settled a row over the use of the title “trade mark attorney”, reaching an agreement through mediation.
Colt Telecom is planning to establish a formal legal panel as the final stage in a reconstruction of its legal department begun when the company relocated to Luxembourg in June 2006.
Football League chairman Lord Mawhinney has hit out at the lack of legal integrity in football players’ contracts.
Nominet, the operator of the .uk internet domain, is looking for 10 IP and internet specialists to join its dispute resolution panel as it looks to cope with the growing number of domain name disputes.
New York firm Cadwalader Wickersham & Taft has launched an IP practice, raiding IP firm Morgan & Finnegan for a trio of senior lawyers.
Simmons & Simmons has pledged to focus on organic growth in its London communications and outsourcing group following the loss of two-fifths of its London partner capability in a matter of months.
Magic circle firm Clifford Chance has advised interactive media company Ludorum on a licensing agreement for the UK broadcast related rights to a new animated children’s series.
Olswang’S US ally Greenberg Traurig has lured GlaxoSmithKline’s (GSK) global head of trademarks to boost its New York office.
Guildhall Chambers silk Richard Smith QC has managed to get England rugby captain Phil Vickery a lenient punishment after his trip on USA centre Paul Emerick.
Judges and eminent legal figures across Europe are set to launch a steering group to harmonise data protection for criminal proceedings.
ITV has appointed LeBoeuf Lamb Greene & MacRae corporate partner Andrew Garard as its legal director to replace the outgoing Kyla Mullins.
Manchester United FC has doubled the size of its legal team with the hire of a lawyer from Addleshaw Goddard.
Getting rid of unnecessary disclosure will make patent litigation cheaper and faster, says Jonathan Radcliffe
Simmons & Simmons has pledged to focus on organic growth in its London communications and outsourcing group following the loss of two-fifths of its London partner capability in a matter of months.
Transfer spending by English football clubs this summer has exceeded £500m, according to recent analysis by Deloitte. This figure confirms the ever-increasing value and complexity of football transactions.
Taylor Wessing has scored the lead role on the disputes committee of the 2007 Rugby World Cup in France, thanks to a recommendation from rival Clifford Chance.
Eversheds has won a crucial IP dispute for chemicals company Dupont against packaging giant Smurfit.
IP firm Fish & Richardson is expanding its reach beyond the geographic confines of the US, opening its first international office in Munich.
Eversheds has won a crucial IP dispute for chemicals company Dupont against packaging giant Smurfit.
Field Fisher Waterhouse (FFW) could be in line to take over from Slaughter and May as Arsenal Football Club's lead law firm after advising Russian steel billionaire Alisher Usmanov on his purchase of a 14 per cent stake in the club.
Lovells is planning to build an IP practice in the US following the lateral hire of partner Veronica Mullally from Orrick Herrington & Sutcliffe.
Bird & Bird has boosted its Brussels IP team with the hire of Linklaters Brussels IP head Jean-Christophe Troussel.
Ashurst has expanded its growing India group with the hire of former Arnold & Porter partner Murali Neelakantan as a partner in its corporate department and head of the firm's India group.
The outsourcing team at Pinsent Masons has raised its public sector profile by advising the Cabinet Office on a framework contract for sharing IT services.
Judges are creating new privacy case law with each new ruling. And with the lack of parliamentary legislation
Marks & Clerk Solicitors won a last-minute injunction against Channel 4 for client Miss World Limited, forcing the broadcaster to change the name of its Mr Miss World show.
Bristows, Taylor Wessing alumni spirit away human genome case" /Two of the biggest names in IP, Bristows and Taylor Wessing, have missed out on the UK's first-ever human genome patent litigation after the loss of key litigation ...
The infringement of IP rights is set to become a criminal offence after the European Parliament's legal affairs committee backed a directive to harmonise EU criminal laws.
The High Court has dealt a blow to companies looking to patent software-related inventions after rejecting Bloomberg's bid to patent a computer program.
Media behemoth Viacom has instructed East Coast litigation specialists Jenner & Block to handle its $1bn copyright case against video site YouTube.
The exponential rise in popularity of user-generated websites MySpace and YouTube has brought to the fore the fact that the copyright laws governing these media are a grey area. By Graham Simkin and Kevin Smith
The Court of Appeal's decisions in Aerotel and Macrossan go some way to clarifying patent law and signal the UK's intention to concur with a European standard. By Alan Johnson, David Brown and James Boon
What constitutes a ’material breach’ is becoming a central problem for those wishing to terminate long-running IT contracts. By Sarah Walker and Carolyn Greene
Wragges IP chief departs to join Marks & Clerk Solicitors" /Wragge & Co’s head of IP Gregor Grant has quit the Birmingham-based outfit for Marks & Clerk Solicitors, the associated law firm of the world’s largest firm of patent and trademark attorneys.
Recently-merged Anglo-American firm Kirkpatrick & Lockhart Nicholson Graham is the latest to profit from the demise of Boston technology and venture capital powerhouse Testa Hurwitz & Thibeault.
Hammonds’ beleagured IP and construction practices have suffered another blow with the departure of three more partners.
Simmons & Simmons won out over Nabarro Nathanson to advise HMV on its first major deal since completing its panel review in mid-2004.IT partner Michael Sinclair led the Simmons team advising the leading music retailer on its new music download contract with Microsoft.
2004 saw Lord Hoffmann do a U-turn on his Improver patent yardstick. Will it make patent law any easier to interpret? By Stephen Jones
The Eleven departing Denton Wilde Sapte (DWS) media and IP partners have been cleared to vote in the forthcoming management elections after the firm went to counsel to clarify its position.
Hallmark IP has recruited Olswang’s former head of trademark filing and prosecution, Vivienne Coleman, as the first step on its road to becoming a multidisciplinary IP practice.
Morrison & Foerster’s raid on Shaw Pittman, first reported in The Lawyer last week, was the third eye-catching move into outsourcing by a US firm in the space of a year.
Australian and Indian law firms have emerged as unlikely targets for DLA ahead of this Saturday’s (4 December) vote on the merger with Chicago’s Piper Rudnick.
Dutch M&A heavyweight Stibbe is to restructure its IP department and exit patent law following the departure of partners Jan Brinkhof and Kurt Stöpetie.
IP boutique Rouse & Co has lost Burger King as a client but hired one of the fast food chain’s trademark attorneys.
The London office of Morgan Lewis & Bockius has scored a double coup after recruiting the former head of Norton Rose’s IP/IT group as well as the general counsel from client Cantor Fitzgerald International. Richard Barratt joins the US firm as a partner from Norton Rose, where he was global head of IP and IT before a recent restructuring of the department. Former client Robert Falkner was general counsel ...
Leading Dublin firm Matheson Ormsby Prentice has expanded its IP team with the recruitment of Alistair Payne from rated Australian firm Corrs Chambers Westgarth.
US-based firm Morrison & Foerster’s (MoFo) efforts for London charity Choices 4 All has led to the firm employing an office junior with learning disabilities, an unlooked-for benefit of providing pro bono IP protection advice.
DWS’s TMT practice left with skeleton crew; defectors cite lack of investment as reason for exodus. By Joanne O’Connor
Nicholson Graham & Jones’s merger partner Kirkpatrick & Lockhart has shaken up its San Francisco management. It has appointed IP specialist Deborah Bailey-Wells as administrative partner, taking over from Peter Sheats. Bailey-Wells will also become a member of the firm’s management committee. First revealed on www.thelawyer.com 28 September
DLA’s international association DLA Group is expanding its presence in Eastern Europe after securing its first Polish member.
Shearman & Sterling is forging ahead with its Californian recruitment drive after scooping its second lateral in less than a month. IP litigation partner Brian Cannon leaves Fish & Neave for Shearman. He will rejoin former colleague Vicki Veenker who left Fish & Neave four years ago to establish Shearman’s IP group at Menlo Park.
Norton Rose may be on the verge of losing its entire Cologne office as its partners accelerate talks with CMS Hasche Sigle.
Kilpatrick Stockton is forging ahead with its aggressive UK recruitment drive after taking on a former Clifford Chance partner. Mary O’Connor, formerly an arbitration partner at the magic circle firm, will become a partner in the litigation department at the Atlanta firm’s London office. Just over a month ago, Kilpatrick scooped two senior IP partners from Simmons & Simmons. Its London head of IP ...
Linklaters Madrid has strengthened its M&A and private equity practice with the hires of two associates from magic circle rivals. Alexander Kolb arrives from Clifford Chance’s corporate department, where he has worked since 1999, while Victor Manchado joins after five years at
Ireland continues to be a jurisdiction of choice for companies wishing to establish a European base. Alistair Payne reports on managing IP in Ireland
Clifford Chance has lost its last Düsseldorf IP partner Christian Osterrieth to embryonic German IP boutique Reimann Osterrieth Kohler Haft.
Cobbetts has bolstered its IP, information, communications and technology and media teams with the hire of two solicitors for its Manchester office. Laura Harper arrives after a five-year stint at Pannone & Partners, while Sonia Luthra joins the top 50 firm from DWF Solicitors.
International competition law and trade practices firm Stanbrook & Hooper has re-appointed a former partner of the firm to boost is competition and intellectual property expertise.
Former International Olympic Committee (IOC) president Juan Antonio Samaranch declared the Sydney Olympics “the best Games ever”. Could the Athens Games rise to this challenge? The Greeks certainly had a tough act to follow and the doom-merchants had a great time cataloguing the problems facing the organisers, but by the closing ceremony the praise was all but unanimous: the Greeks ...
No sooner had the British Olympic Association’s (BOA) head of legal affairs Sara Friend stepped off the plane from Athens, than she was back in the office working on the London 2012 bid and demanding legislative change.
Hogarth Chambers has merged with 19 Old Buildings to form the bar’s largest IP set.
A former City lawyer is heading the legal team at Capital One, a company that markets itself as ‘fun’. Jodi Bartle goes looking for a laugh
US firm Pillsbury Winthrop has scooped the co-chair of IP at Mintz Levin Cohn Ferris Glovsky and Popeo and his eight-strong team for its Northern Virginia office.
Simmons & Simmons has been hit with the double loss of its London and New York IP heads to Kilpatrick Stockton.
Tech company latest to adopt one-firm partnering scheme pioneered by DuPont
IP boutique Willoughby & Partners last week found itself at the centre of the Orange-EasyGroup spat over the use of the colour orange in EasyMobile’s trademark.
Jones Day is helping two of its former IP partners to launch their own practice by offering them rent-free space in the firm’s London office.
Elvis Presley’s That’s All Right recently made the top three in the UK singles chart on the 50th anniversary of its first release. This anniversary also has major implications for the copyright in the sound recording of the track; it will expire on 31 December 2004. From 1 January 2005, third parties will be able to press and sell copies of this recording without infringing copyright.
The commonly held idea that perfumes, recipes and other formulae are the mere sum of their ingredients, and are therefore not protected under copyright law, was recently rejected by the Court of Appeal of Den Bosch in the Netherlands. In a groundbreaking decision, the court ruled that Lancôme’s perfume ‘Trésor’ was copyright-protected. Physicochemical analysis and the laws of probability ...
King & Spalding’s fledgling New York patent litigation group has welcomed a partner from Kenyon & Kenyon. Robert Perry, who was also a member of Kenyon & Kenyon’s management committee group, will bring the number of fee-earners in King & Spalding’s New York-based group to 11, including four partners. King & Spalding set up the practice area in May, bumping up the firm-wide lawyers and patent agents based throughout Atlanta and New York to 60 experts.
The Nordic telecoms market continues to be particularly mobile. Henrik Nilsson provides the lowdown
Langleys Solicitors has appointed a new partner to bolster its commercial team. Andrew Argyle has joined the firm’s Lincoln office, where he will specialise in commercial litigation. Argyle arrives from Birmingham firm Shakespeares, where he was a partner in the commercial litigation department.
From pharma to logistics to the Tube, Innovision’s microchips are leading the way towards a more coherent future. Alex Wade gives the lowdown
Legacy Gouldens IP stalwart Charters Macdonald-Brown has left Jones Day to set up his own practice. Macdonald-Brown, who was head of IP at Gouldens since 1977, which then merged with the US’s Jones Day last year, left the firm last Wednesday (30 June) and started up his new specialist IP practice, entitled Redd, the following day. Joining Macdonald-Brown is partner Simon Chalkley and associate Sara Ashby, ...
Thames Valley firm Pitmans has appointed a new senior solicitor to its defendant personal injury team. Alan Davies joins from Merriman White, a firm based in London and Guildford. Davies was previously a partner at Gregory Rowcliffe & Milners and Edward Lewis in London and specialises in insurance litigation.
Chicago-based law firm Jenner & Block has merged with IP litigation boutique Roper & Quigg. Roper’s founding partner Harry Roper will lead Jenner’s IP and technology team. Seven other lawyers will join Jenner as partners, two as of counsel, with a further nine associates making the move. Former assistant secretary of commerce and commissioner of patents and trademarks Donald Quigg is one of the of counsel. First revealed on www.thelawyer.com 14 June
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
“We don’t believe in charging clients for each minute we spend. Our philosophy is very much one of ‘pick up the phone and give us a call’,” says Carole Hailey, who set up boutique IP and IT firm the Waterfront Partnership two years ago.
Why lawyers and their clients would benefit from working with journalists – especially in a crisis. By Magnus Carter
Landwell has sustained another partner loss after losing its London based head of real estate to Bird & Bird.
The London office of Arnold & Porter has snatched Denton Wilde Sapte IP partner Clive Thorne as part of the firm’s effort to beef up its London practice. Thorne, a well-known IP litigator, is set to join Arnold & Porter as a partner on 1 September. He has extensive experience in the UK and Asia in a wide range of IP and technology litigation and arbitration involving patents, trademarks, copyrights, design rights and e-commerce disputes. The addition of Thorne will bring the total number ...
Hussein Damirji, a native Iraqi who has spent most of his life outside his homeland, has returned to set up his own law firm.
Editor of Taxation magazine Malcolm Gunn joined the London tax team at Haarmann Hemmelrath as a tax consultant on 25 May. Gunn will focus on personal income and capital taxation.
North West firm DWF has added another partner to its growing haul of former Weightman Vizards property lawyers.
The former general counsel of Oxford GlycoSciences (OGS) and British Biotech John Ilett has been named as the first European lawyer at US pharmaceutical company Cephalon.
Blake Lapthorn Linnell has completed a review of its practice groups and is introducing a series of sector teams aimed at specific industries.
The Kurdistan government has appointed Clyde & Co to act on all negotiations and contracts with foreign companies investing in the one relatively safe region of Iraq.
The European Commission’s decision against Microsoft is likely to be a watershed for competition law enforcement in the EU. Robert Bell reports
The European Court of Justice has just given trademarks a thorough run through the wash, says Andrew Hobson
Former Hertz in-house lawyer Hannah Merritt has scooped one of the most coveted jobs in the legal market.
Halliwell Landau has posted a record turnover, which is up by 12.7 per cent to £40m for the last financial year. Halliwells also announced nine internal partnership promotions, with one intellectual property lawyer gaining equity. At the same time, the Manchester firm has lost property partner Nancy Brown to Eversheds. First revealed on www.thelawyer.com 11 May
Italian intellectual property (IP) boutique Trevisan & Cuonzo is to launch a new office in Parma specialising in IP issues for the food and food-related sectors.
Halliwell Landau has posted its highest-ever turnover for the last financial year after revenue grew by 12.7 per cent to £40m.
Mayer Brown Rowe & Maw and Baker & McKenzie have barged aside the trademark agents to land top five positions in 2003’s community trademark filings chart.
Wilson Sonsini Goodrich & Rosati has raided Pillsbury Winthrop for a team of partners to launch its new San Diego office.
Top five Dublin firm William Fry has carried out its second raid on PricewaterhouseCoopers’ (PwC) Irish law firm Landwell, poaching a rated contentious intellectual property (IP) team.
DLA has continued to strengthen its intellectual property (IP) practice with the hire of Harbottle & Lewis partner Richard Penfold.Penfold will work with head of IP Jeremy Dickinson, who joined from Hammonds in 2002, to further grow the practice.
Hammonds is continuing its push in Italy with the hire of White & Case partner Lorenzo Attolico and a team of assistants and the expansion of its office space in Rome.
The war of the Apples in the High Court (the Beatles’ Apple Corps v Apple Computer Inc) highlights the failure of intellectual property agreements to account for technological advancements. The purpose of a trademark is to distinguish one person’s goods or services from those of others. Nevertheless, it happens that two – and sometimes more – traders end up using the same brand. ...
A new guard is to take over management of Nicholson Graham & Jones, with insolvency head Tony Griffiths succeeding Michael Johns as managing partner.
Field Fisher Waterhouse (FFW) has nabbed intellectual property (IP) partners David Knight and Simon Chapman from regional firm Laytons. The pair will join FFW as partners. Knight focuses on patent litigation and Chapman concentrates on trademarks and copyright. The duo’s previous clients have included Hilton, Nokia, Remington, Reckitt Benckiser and Qinetiq.
US Attorney General Eliot Spitzer has launched an investigation into legal fees earned by a leading New York attorney while acting for a charity that evolved out of 11 September.
The Australia-US free trade agreement is aimed at reducing legal and investment barriers. By Michael Beaumont and Madeleine Cox
UK trademark behemoth goes all out to create MDP while Govt pontificates
Slaughter and May has been dumped by Abbott Laboratories for its forthcoming court fight over royalties against Cambridge Antibody Technology Group (Cat) and replaced by
Just as the Spanish have got the hang of how to pronounce Lovells (previously the whisper in Madrid was “Low Balls are coming, Low Balls are coming”), it seems the City firm may have to change its name.
The management of Weil Gotshal’s global litigation practice is being decentralised following 100 per cent departmental growth in the past five years.
Blake Lapthorn Linnell has been dealt a blow with the departure of three partners in as many months.
Miguel Rodriguez Mendose, head of Van Bael & Bellis’s Geneva office and former deputy director general of the World Trade Organisation (WTO), has been appointed chairman of the WTO panel ‘European Communities – Protection of Trademarks and Geographical Indications’. The panel will rule on US and Australian complaints over the EU’s system of trademarks and geographical indication for agricultural products and foodstuffs. He is joined by Seung Wha Chang of Korea and Peter Kam-fai Cheung ...
One of Mishcon de Reya’s best-known partners, David Glick, has left to set up his own media and entertainment-focused group of companies. Glick, noted for his deal-doing abilities in the music business, counts Craig David, Fatboy Slim, Nick Cave and The Kinks among his clients. His new business will be known as the Edge Group and will feature a legal services business (Edge Legal) and a boutique management ...
Gianni Origoni’s close association with Linklaters has helped it score Cisco Systems as a new client.
US firm Townsend & Townsend & Crew is to merge with litigation boutique Legal Strategies Group (LSG) on 1 March. Six partners and 12 lawyers will join Townsend’s San Francisco branch, a 150-lawyer intellectual property and litigation practice. LSG focuses on antitrust, trademark and commercial litigation. First revealed on www.thelawyer.com, 18 February
US firm Townsend and Townsend and Crew is to merge with litigation boutique Legal Strategies Group (LSG).
The creation of a Community Patent Court with EU jurisdiction has been formally proposed by the European Commission in its bid to harmonise and simplify EU intellectual property protection.
Wragges wards off Treasury Solicitor for Napster address" /Wragge & Co has secured a crucial domain name victory for new client Roxio, the owner of the outlawed former file-sharing system Napster.
Wragge & Co has won out against the Treasury Solicitor’s department in a bizarre dispute over the Napster domain name.
Niche licensing firm Poppleston Allen has beaten big four accountancy firm Deloitte to advise the Cyprus government on the review of its betting legislation.
Zimbabwe’s only independent daily newspaper The Daily News is back on the streets after a three-month hiatus, following a campaign by African and UK lawyers.
Music distributor Vital was more than ready for an in-house counsel when Karen D’Rosario arrived. She has been helping save the company a small fortune ever since. By Matt Byrne
Taking over Yahoo!’s European legal affairs was the perfect move for Jonathan McCoy, a champion of the freedom of the internet.
Lovells’ Hamburg office has lost competition and intellectual property (IP)/technology, media and telecoms (TMT) partner Walter Scheuerl to Wragges’ German best friend Graf von Westphalen Bappert & Modest. Scheuerl pointed to the fee structure at Lovells and other international law firms as a key reason behind his move.
Three Weightman Vizards lawyers have left the 78-partner firm to form a new commercial boutique. The new firm, PFK Legal opens for business today (12 January). It is the brainchild of Mark Forman, Neil Kelly and James Powell. It will focus on commercial, media and intellectual property work out of offices in Oriel Chambers, Liverpool.
Clifford Chance New York is continuing to lose lawyers as a group of eight intellectual property (IP) attorneys jump ship for Hogan & Hartson.
Clifford Chance’s New York intellectual property (IP) group has been hit with a series of defections, including its high-billing head of department.
Clifford Chance is set to lose the head of its Munich office next year when intellectual property partner Joachim Feldges leaves to set up an independent boutique.
With £62bn worth of funds on its books, F&C Management has hit on a winner with legal director Gillian Switalski, who much prefers an in-house strategy.
Shearman & Sterling’s London office has added another string to its bow as it expands into intellectual property (IP) through the hire of its first UK specialist.
Addleshaw Goddard has lost its second intellectual property (IP) partner in three months.Simon Clark is joining Berwin Leighton Paisner (BLP) with a group of three associates to create a new IP group for the firm.
Field Fisher Waterhouse's intellectual property (IP) practice is teaming up with its tax group to launch a direct attack on the big four accountancy firms.By combining the firm's IP expertise with its transfer pricing knowledge, Field Fisher hopes to offer what it terms "the most comprehensive asset management service in the City".Brands, technology, me-dia and telecommunications ...
Clydes beats the City with Iraqi launch as it stakes key claim to lucrative post-war reconstruction
German investment bank Dresdner Kleinwort Wasserstein is set to launch legal panels in the US, Japan and Singapore following a successful pilot scheme in the UK. A further German panel is likely to follow.
Mr Justice Jacob, one of the finest judges in the High Court, has been promoted to the Court of Appeal.
Microsoft has poached the intellectual property (IP) chief of rival technology giant IBM. Marshall Phelps will manage Microsoft’s entire IP portfolio from its West Coast HQ as vice-president and deputy general counsel for IP. He will be responsible for 3,000 US patents and over 11,000 trademarks. First reported on www.thelawyer.com/lawyernews 10 June
With its acquisitive streak finally slowing down, Getty Images' legal department has its sights set on image rights. Steve Hoare reports.
Anglo-German firm in shock U-turn as profits slide; IT departures imminent
Second-tier Dublin firm Eugene F Collins has taken over commercial property and finance boutique GD Fottrell & Sons.
Lovells has won a coveted licence to open a second office in China in the latest round of permits issued by the Chinese Ministry of Justice.
US firm Foley & Lardner has gained its first foothold in Asia by launching an office in Tokyo.
Mayer Brown Rowe & Maw is extending its Lloyd's reinsurance practice with the hire of highly-rated reinsurance litigator Ian McKenna from Holman Fenwick & Willan.
The Brussels office of Loyens & Loeff has recruited the name partners of intellectual property (IP) and IT boutique Van Asbroeck & Cottenie, resulting in the dissolution of the seven-lawyer firm.
Australian firm Deacons has axed 21 staff in its Hong Kong office.
Mr Justice Jacob has attacked "timorous" patent agents in an attempt to encourage them to take a more active role in advocacy.A
The future of Oppenheimer Wolff & Donnelly's Silicon Valley office is hanging in the balance with the imminent defection of 25 of its lawyers to Dechert.
Two-thirds of external advisers to go as Sanna overhauls entire legal function
Bristows has succeeded where Bird & Bird failed and become the first firm to overturn a certificate of validity for a patent in the High Court.
From cosmetics to Field Fisher via the Paris Ritz, John Olsen has had a long fight to get due recognition for his trademark practice. Steve Hoare reports
Linklaters' London head of intellectual property (IP) Anna Carboni is set to leave the firm to join Wilberforce Chambers.
Field Fisher Waterhouse has claimed first place in the Institute of Trade Mark Attorneys' (ITMA) annual ranking of community trademark (CTM) filings, while Linklaters is the only law firm to significantly buck the downward trend of filings.
Field Fisher Waterhouse has entered into a unique relationship with attorneys Mathys & Squire to offer the patent expertise of both firms under one virtual roof.
Norton Rose has bolstered its technology group with the appointment of intellectual property (IP) and IT litigator Matthew Harris, who is currently a partner at Herbert Smith. Harris has acted on a number of high-profile IP/IT disputes recently, including Capital One's IT dispute with a Fujitsu subsidiary and the AA's copyright dispute with Ordnance Survey.
Taylor Wessing's German and UK managing partners seem like chalk and cheese. So can they integrate their firms? Catrin Griffiths reports
Richards Butler's Michael Skrein is used to hobnobbing with celebrities. Kathryn Hobbs meets the man who really knows how to treat a girl
KLegal's growth strategy is paying off, with H20 partner Catrin Turner et al joining the ranks - but the firm might get more growth than it bargained for
Ronald Thwaites QC, brought up on a professional diet of criminal actions, finds that his direct approach to civil work keeps him off the streets
For Baker & McKenzie's Harry Small, keeping Levi's little red tab sacred was a must - despite the fact that he doesn't wear jeans very often
A law firm with no office and equal fees for associates and partners? It's a crazy idea, but Peter Rouse might be just the man to pull it off
Intellectual property (IP) specialist chambers 8 New Square is looking for a successor to its head, Michael Fysh QC, who has been appointed judge at the Patents County Court.
Yet another Wessing partner has quit the firm - but has not followed his 15 former colleagues to Andersen Luther.
News in brief
A new niche practice has been formed in Singapore with the marriage of two of Asia’s biggest names in IP.
Lovells is continuing its expansion in Europe as the Paris office takes on an intellectual property (IP) partner from local firm Dubarry Le Douarin & Veil.
Franco-US firm Salans Hertzfeld & Heilbronn is expanding its New York intellectual property (IP) practice with a team from Pryor Cashman Sherman & Flynn.
Beachcroft Wansbroughs has lost its head of intellectual property (IP) and an assistant to Field Fisher Waterhouse.
Denton Wilde Sapte has announced the formation of a new intellectual property (IP) group.
IP.com offers a cheap alternative to messy, expensive patents and from small beginnings the website is now aiming to go global. Mary Murphy investigates the company that says it is the true defender of ideas.
Linklaters & Alliance is sending one of its top London intellectual property (IP) partners to Germany in a bid to integrate the European practice into the rest of the group.
One Raymond Buildings and 5 New Square merge: recruitment ubderway
Birmingham firm Martineau Johnson is taking on the head of intellectual property from Eversheds' Nottingham office to boost its high-tech practice.
Shearman & Sterling has raided leading Los Angeles intellectual property (IP) boutique Fish & Neave for the second time in six months.
When even the railway system can't make a man angry, he has to be the nicest lawyer around. Fiona Callister meets Martineau Johnson's very agreeable senior partner elect
Coudert Scharmann, Coudert Brothers' German office, has relocated a senior partner to Munich.
Morrision & Foerster golden boy Kristian Wiggert, the new London office managing partner, may appear unassuming, shy even. Claire Smith meets the man whose image belies his professionalism