• Court of Appeal cancels RAND trial in ZyXEL v TQ Delta

    http://ipkitten.blogspot.com/2019/07/court-of-appeal-cancels-rand-trial-in.html The English Court of Appeal yesterday handed down judgment in ZyXEL v TQ Delta [2019] EWCA Civ 1277. Guest blogger, Tristan Sherliker, reports: This appeal judgment tells a tale of tactics and legal agility. After completely waiving any right to rely on RAND undertakings, ZyXEL have tested the bounds of the developing... Continue reading

     
  • Red Bull sues rival F1 sponsor Rich Energy for trade mark infringement

    http://ipkitten.blogspot.com/2019/07/red-bull-sues-rival-f1-sponsor-rich.html Avid followers of Formula 1 racing are likely to be familiar with the energy drink brand “Rich Energy”, and its colourful co-founder William Storey. In March 2018 it was reported that the company was in talks to buy the Force India team out of administration (the purchase did not ultimately proceed).... Continue reading

     
  • UN Economic Commission for Africa launches the Assessing Regional Integration in Africa (ARIA) IX

    http://ipkitten.blogspot.com/2019/07/un-economic-commission-for-africa.html This Africa Correspondent has kept her eyes peeled for developments on the signings, ratifications and negotiations regarding the Agreement establishing the African Continental Free Trade Area (AfCFTA) and its Protocol on IP in particular. To her delight, Nigeria has finally signed the Agreement and with that, negotiations can proceed... Continue reading

     
  • Book Review: The Protection of Non-Traditional Trade Marks

    http://ipkitten.blogspot.com/2019/07/book-review-protection-of-non.html We know that the trade mark universe is expanding. The increased flexibility of the application for registration together with developments in modern marketing has extended the scope of trade marks, both practically and philosophically. The Protection of Non-Traditional Trade Marks, edited by Professor Irene Calboli (Texas A&M University School... Continue reading

     
  • EQEs – don’t speculate beyond the content of the paper (D 11/18)

    http://ipkitten.blogspot.com/2019/07/eqes-dont-speculate-beyond-content-of.html [Warning: Paper B 2018 spoilers] Patent law cannot exist in isolation from the technical subject matter to which patents are concerned. Candidates taking the European Qualifying Exams (EQE) are specialized in very different areas of technical subject matter. However, it would be impossible to provide separate tests of patent law as applied... Continue reading

     
  • ICO sheds light onto cookie requirements

    http://ipkitten.blogspot.com/2019/07/ico-sheds-light-onto-cookie-requirements.html At the beginning of this month, UK’s Information Commissioner’s Office (ICO) published  much awaited new guidance on the use of cookies and similar technologies  for storing information, and accessing information stored, on a user’s equipment, such as a computer or mobile device. It is primarily addressed to the providers/operators... Continue reading

     
  • No benefit of hindsight: BA rejects ex tunc assessment of an intervention in opposition (T 0439/17)

    http://ipkitten.blogspot.com/2019/07/no-benefit-of-hindsight-ba-rejects-ex.html In T 0439/17 (published online 1 July 2019), the Board of Appeal of the EPO considered the circumstances under which a third party may intervene in an opposition. In general, a third party may intervene in opposition proceedings, after the opposition period has expired, if infringement proceedings relating to the patent have been... Continue reading

     
  • Mr Justice Arnold to become Lord Justice Arnold: congratulations!

    http://ipkitten.blogspot.com/2019/07/mr-justice-arnold-to-become-lord.html Sir Richard Arnold The IPKat has just learned that Mr Justice Arnold will become a Lord Justice of Appeal. The following has just been published on judiciary.uk: The Queen has been pleased to approve the appointment of Mrs Justice Carr as a Lady Justice of Appeal and the following as Lord Justices of... Continue reading

     
  • Illumina v TDL (Round 2): Mr Justice Arnold finds NIPT novel, inventive and sufficient

    http://ipkitten.blogspot.com/2019/07/illumina-v-tdl-round-2-mr-justice.html The UK courts last month dealt with another patent dispute concerning non-invasive prenatal blood testing (NIPT). NIPT is a method for genetically screening the unborn fetus. NIPT is performed on the maternal blood and is therefore safer than previous methods for genetically testing the fetus that required fetal cells or amniotic... Continue reading

     
  • Today’s the 10-year anniversary of the CJEU judgment that changed EU copyright

    http://ipkitten.blogspot.com/2019/07/todays-10-year-anniversary-of-cjeu.html Members of the Court of Justice in 2018 On this day 10 years ago, the Court of Justice of the European Union (CJEU) issued the judgment that set a new course for the development and construction of EU copyright law, a course in which the role of EU judiciary... Continue reading