Home > Legal Opinions tagged Intellectual Property

  • will the US trade representative veto a second time?

    Daniel Whebell

    In June this year, the United States International Trade Commission (ITC) ruled that certain Apple products such as the iPad 2 and iPhone 4, infringe Samsung patents relating to the transmission of data and so banned the importation and sale of these products. However, the United States Trade Representative (USTR) then stepped in and vetoed […]

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  • Allergan becomes latest big pharma stung by India’s IPAB

    Richard Roberts

    The Indian pharmaceutical market, worth $13 billion a year, is a tempting prospect for multinational drug companies. However, emerging case law from India’s Intellectual Property Appellate Board (IPAB) is causing big pharma to question whether the playing field is truly level as patents topple to domestic rivals. The latest decision, delivered on 9 August 2013, […]

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  • Rihanna case shows developments to passing off

    Giles Parsons

    Rihanna has successfully sued Topshop in passing off for selling a t-shirt bearing her photograph. There is no freestanding image right in England, so the claim was brought in passing off. Selling clothes bearing someone’s image is not itself passing off; there must be a false representation that a product is endorsed. Other than the […]

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  • patent infringement threats!

    Mark Daniels

    If you’re unjustifiably threatened with patent infringement and cease activities as a result, you can in certain circumstances bring an action and recover damages. That’s precisely what happened here. Clariant Produkte (Deutschland) GbmH, a well known manufacturer of organic pigments wrote to Sudarshan Chemical Industries Ltd (another such manufacturer) about one of Sudarshan’s products, saying: […]

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  • balancing confidentiality over freedom of speech

    Daniel Whebell

    In the recent case of Volkswagen Aktiengesellschaft and Thales v Garcia and others, Thales, who makes car security systems, provided such a system to Volkswagen. Academic experts in the field of coding and decoding information intended to publish findings on a weakness identified in a software algorithm that had been devised by Thales. The defendants […]

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  • new IP crime and online piracy police unit

    Emily Daniell

    In December 2012, business secretary Vince Cable first announced plans to establish an IP crime and online piracy police unit. IP minister Lord Younger, and City of London Police commissioner Adrian Leppard, announced last week that the City of London Police will launch the new unit this September to tackle online piracy, counterfeit goods and […]

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  • Patentability of DNA – US Supreme Court gives its verdict

    Mark Daniels

    The US Supreme Court has ruled on the question of whether a segment of DNA (isolated from the rest of the human genome) is patent eligible. Myriad Genetics Inc had obtained a number of patents relating both to a segment of DNA (in its naturally occurring but isolated form) together with synthetically created DNA segments. […]

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  • No primary design right infringement for importing articles manufa...

    Laura Mackenzie

    The Patents County Court has dismissed a claim that importing plastic microwave containers manufactured in China into the UK amounted to primary design right infringement (under s226 CDPA 1988), which prevents copying – exactly or substantially – of an unregistered design in the UK). The claim was inconsistent with the CDPA 1988 and the principle of […]

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  • Design right contempt referral serves as honest reminder

    Daniel Whebell

    The recent case of Utopia Tableware Ltd v BBP Marketing Ltd & Another concerned a fairly straightforward argument of infringement. Utopia makes and sells ‘Aspen’ beer glasses and BBP launched a very similar design in its new ‘Aspire’ range. Utopia accordingly filed for an injunction in the Patents County Court to stop BBP selling its […]

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  • Cyber security – breaches reach highest ever level

    Oliver Laing

    On 23 April 2013, the Government published guidance on cyber-security for small businesses. The guidance explains what cyber-security risks are, and outlines how businesses can plan, implement and review their cyber security. According to a recent survey by PwC, the threat of security breaches is at its highest ever level, with 87% of small businesses […]

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