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 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...
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: Daniela Paull
MARQUES Annual Conference
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
In this issue, we update you on important developments in the industry; a reversed Board of Appeal decision by the General Court; an important case for brand owners; and general updates TM team and firm updates.
In this edition we take a look at the EUIPO’s decision on the invalidity of a three-stripe mark by Adidas; G4S PLC’s successful opposition to an application by F & G Kites Limited; a useful reminder of the evidence required when defending a registration that has been challenged on the grounds of non-use; the 4th Latin American country that will be joining the Madrid Protocol; and a new rule introduced by the US Patent and Trademark Office.
Read about latest developments in the Trade Marks field, as well as what’s going on with the team here at Boult Wade Tennant
Guest posts from other sources. Clicking on the links will take you to an external site.