SPCs based on third party marketing authorisations – an undeserved advantage or a legitimate interpretation of the SPC Regulation?
As a result of a recent High Court decision in the UK (2019 EWHC 388), the following question is being referred to the CJEU: “Does the SPC Regulation preclude the grant of an SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held...
No additional protection for new formulations of old active ingredients
In March 2017, the High Court in the UK requested a preliminary ruling from the CJEU on the interpretation of Article 3(d) of the SPC Regulation (EC/469/2009). In particular, the following question was referred:- “Is Article 3(d) of the SPC Regulation to be interpreted as permitting the grant of an SPC where the marketing authorisation...
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and Actavis Group PTC – Part II
The Test for Infringement of a Patent for Manufacturing for a Limited Use Background On 14th November 2018 the UK Supreme Court (UKSC) handed down it’s judgment in the case of Warner-Lambert Company LLC v Generics (UK) Ltd and Actavis Group PTC. The case concerned a drug called pregabalin, which is an analogue of gamma...
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and Actavis Group PTC – Part I
Construction, Abuse of Process and Insufficiency Background On 14th November 2018 the UK Supreme Court (UKSC) handed down its judgment in the case of Warner-Lambert Company LLC v Generics (UK) Ltd and Actavis Group PTC. The case concerned a drug called pregabalin, which is an analogue of gamma aminobutyric acid (GABA), a neurotransmitter. Pregabalin was...
Boult Wade Tennant’s Brexit Toolkit
Following the latest developments with Brexit, and now that the no-deal Brexit deadline has moved to 31 October 2019, we have updated our Brexit Toolkit which can be found here. This toolkit provides pertinent information to all types of businesses, allowing effective preparation for Brexit when it occurs.
Attendee: Henry Schlaefli
SKYKICK – SIMON MALYNICZ QC ON THE CJEU TRADE MARK CASE, 16 May, London
Attendee: Michael C. Maier, LL.M.
INTA TM administrations and practitioners meeting
Attendee: Emma Pitcher
2019 ABA-IPL Annual Meeting and 34th Intellectual Property Law Conference, April 10-12
Attendee: Michael C. Maier, LL.M.
ECTA RETREAT-Trade Marks: Case Law of the EUIPO BoA and German Courts, 6 March 2019, Munich
Attendee: Rohan Setna
CIPA Congress 2019, September, London
MIP International Patent Forum 2019, March , London
Read about latest developments in the Trade Marks field, as well as what’s going on with the team here at Boult Wade Tennant
In this edition we caution brand owners about applications by Gleissner; look at a modern day David and Goliath story involving McDonald’s and Irish rival Supermac’s; cover recent changes to UK TM law to be aware of; Canada’s new trade mark law coming into force later this year; and the latest developments in the Cadbury V Nestlé chocolate wars.
In this edition we talk more about the opening of our new office in Madrid, preparing your trade mark filings in light of Brexit, learning from Puma’s leaping cat case about taking decisions on reputation earlier on, and the new opposition procedures in Argentina that came into force last month.
Guest posts from other sources. Clicking on the links will take you to an external site.