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The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.
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Hollow Crown? Vodafone’s “crown use” defence overturned by Court of Appeal
Handed down on the same day as the Supreme Court’s Uber ruling, IPCom v Vodafone may not have dominated the headlines, yet this case should not be overlooked as the first major Court of Appeal IP decision of 2021.
Brexit: Changes to UK SPC practice from 2021
With effect from 1 January 2021, UK legislation has been amended to incorporate EU law on Supplementary Protection Certificate (SPC)s into United Kingdom (UK) national law, and to make various adjustments to it. While the previous systems and processes largely remain the same, there are some key changes that users of the system should be aware of.
Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
Martin, a professional writer, and Kogan, an opera singer, had been in a relationship at times during the development of the screenplay for FFJ. Martin claimed he was the sole owner of the copyright in the screenplay, whilst Kogan asserted that she was a joint author, due to her input and contributions during the development of the screenplay.
Shoe design found valid and infringed in the UK Court's last Community registered design case
With the Brexit transition period drawing to an end, this decision constitutes the last Community design case before the UK courts and represents a rare success story for a claimant in asserting infringement of a registered design.
Defending a patent at the EPO
Your European patent rights are a valuable commercial asset but you risk losing them in an opposition unless a successful defence can be mounted.
Attacking a patent at the EPO
If you would like to find out about how we can help you find the best way to attack a competitive patent, please email our specialist EPO oppositions & appeals team today.
Appealing against an Opposition Division decision at the EPO
According to the European Patent Office (EPO) annual report 2020, 1,912 opposition cases were decided in 2020: 31% of patents were upheld as granted, 35% of patents were revoked and 34% of patents were maintained in an amended form.
Look beneath the surface: 6 intellectual property questions investors should ask
When the opportunity comes along to invest in a technology company the pressure can be on to secure the deal - at the right price, of course. Before signing on the dotted line however, an investor must complete the appropriate level of due diligence to understand the hidden risks.
A guide to software patents
While more and more businesses are becoming interested in patenting their software and gaining the advantages of owning these patents, there is still a lot of confusion out there as to what is actually possible.
Creating value from IP rights in Asian markets
Businesses operating in Asian markets often overlook a key form of intellectual property protection – utility models. Here, we explain how to secure maximum value from these advantageous rights that are currently under-utilised by non-Asian organisations.
Novartis SPC CJEU withdrawal: no answer on a non-issue?
The referring Court has withdrawn its request for a preliminary ruling by the Court of Justice of the European Union (CJEU) on the interpretation of Art. 3(c) of the Regulation on Supplementary Protection Certificates (SPCs) relating to Novartis’ attempts to obtain more than one SPC for its antibody product canakinumab.
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Digital Access Service (DAS) now available for EUIPO design registrations
The Digital Access Service (DAS) is a database for priority documents established and administered by the World Intellectual Property Office (WIPO).
Brexit update: trade marks and domain names
With the withdrawal agreement ratified in late 2019, the UK formally left the European Union on 31 January 2020, entering an additional 11 month transition period.
Extendable hose patent appeal unravels before the Court
In 2019, the IP community was captivated by a High Court judgment which told the unique story of how a Florida inventor, Mr Berardi, developed a new, expandable garden hose in his back garden, which he later patented.
Santen and SPCs: the Neurim bubble has burst
In a recent judgment surrounding ophthalmic pharmaceutical product manufacturer Santen, the Court of Justice of the European Union (CJEU) has further limited opportunities for pharmaceutical companies to obtain Supplementary Protection Certificates (SPCs) for new applications of old products.
UKIPO highlights the need to choose between paediatric incentives
In a recent decision (BL O/321/20), the UK Intellectual Property Office (UKIPO) considered the interplay between the different incentives available under EU law for research into the paediatric use of new medicinal products.