Advocate General considers that Article 3(a) of the SPC Regulation is satisfied if each active ingredient is “specifically and precisely identified” in the claims
Article 3 of the Supplementary Protection Certificate – SPC Regulation – (469/2009/EC) sets out the conditions required to obtain an SPC, with Article 3(a) of the Regulation specifying that a certificate shall be granted provided that the product is “protected by a basic patent in force”. In recent years the Court of Justice of the...
Boult Wade Tennant opens in Madrid, Spain
Boult Wade Tennant has opened an office in Madrid, Spain. This is part of the firm’s strategy of growth and consolidation. The new office includes Álvaro Cabeza, Principal and Partner, Ana S. Maeso, Partner and Dr Isabel Blanco-Esguevillas, Lawyer, who will be transferring from the London office in the near future. The Spanish team will...
UK Ratifies UPC Agreement
On 26 April 2018, it was announced by the UK Minister for IP, Sam Gyimah, that the UK has taken the momentous action of ratifying the Unified Patent Court Agreement (UPCA). For the Unified Patent Court (UPC) and Unitary Patent (UP) system to come into effect, ratification by Germany is still required. However, we are...
EPO Launches a Consultation on the Revision of the Rules of Procedure of The Boards of Appeal
The EPO provides Applicants, Patentees, and Opponents with the opportunity to appeal decisions of the Examining Division or the Opposition Division following adverse decisions. In recent years, the Case Law of the Boards of Appeal has developed in relation to the ability of an Appellant to present new arguments, objections, evidence, and amendments during appeal...
Brexit Developments: 19 March 2018
Boult Wade Tennant is pleased to report that on 19 March 2018, the UK and EU agreed to transition terms. These ensure that there will be no substantive changes in relation to the present Intellectual Property framework until 31 December 2020. That date is later than the original date of 29 March 2019, which date...
37th Annual ECTA Conference, Athens, Greece, June 2018
Attendee: Joanna Peak
The Warner-Lambert v. Actavis at The Supreme Court: Potential Implications on the Patent Infringement Landscape,” July
Attendee: Matthew Ridley
TIPLO Dinner Meeting June, London
Attendee: Frances Baxter
AIPLA Women in IP Law Global Networking Event
Attendee: Jason Rutt
MIP European Life Sciences Forum 2018, London
Attendee: Emma Pitcher
ABA 33rd Annual Intellectual Property Law Conference, Speaker, Washington, April 2018
Attendee: William Burrell
CITMA Designs Seminar 2018
Attendee: Katherine Brown
Empack 2018, Birmingham
In this New Year issue of boult.bites we take a look at the issues of descriptiveness and distinctiveness when it comes to securing trade mark protection, as demonstrated by Pizza Express Limited’s recent failed attempt to register ‘PizzaExpress’ as an EU trademark; a reminder about taking into account PDO’s when selecting a trade mark, as cider brand “Applesecco” recently discovered when their trade mark was opposed by Prosecco, a registered PDO; what constitutes ‘genuine use’ and the importance of proprietors keeping evidence banks in case of revocation action, as demonstrated by two recent rulings handed down by the EU General Court; and Indonesia becoming the latest country to join the Madrid Protocol.
In this issue of boult.bites we cover: Thailand becoming the 99th member of the Madrid Protocol, Brewdog Plc’s failed attempt to register the phrase ELVIS JUICE; a breakthrough for China and the EU in coming to an agreement on the protection of GI’s; and, finally, BMW’s appeal against the decision taken concerning the use of their marks by TLL.
The ten minute read that highlights topical issues for bio and life science sector participants
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