Search terms: Intellectual Property, United Kingdom
A recent Court of Appeal case involved a claim to revoke a registered trademark for non-use. It focused on the question of what amount and kind of use constitutes 'genuine use' in light of the interpretation of the EU Trademark Directive by the European Court of Justice. The court found that no clear quantitative or qualitative test can determine whether a proprietor's actions amount to genuine use.
A recent Court of Appeal decision focuses on the law of patent construction in light of the judgment of the House of Lords in Kirin Amgen and its examination of the wider context of a patent claim. The case also raises important questions about unregistered design rights and the limits of the protection offered by such a right.
The UK Court of Appeal recently issued what may well be the final decision in the long-running dispute between the British Horse-Racing Board and William Hill. The Court of Appeal has fully accepted and implemented the somewhat controversial findings of the European Court of Justice, which impose significant restrictions on the scope of the sui generis database right.
In Phones 4u Limited v Phone4u.co.uk Internet Limited the High Court handed down a robust decision as to when claimants may rely on passing off as a cause of action. The court held that the claimants had not established sufficient goodwill as at the relevant date to found an action for passing off.
In two landmark decisions delivered towards the end of 2004, the House of Lords significantly clarified the interpretation of two key features of UK patent law. In particular, Lord Hoffmann, who delivered the leading opinions in each case, considered how the invention a patent seeks to protect should be understood, as well as the scope of that protection.
The High Court recently refused to stay an inquiry as to damages for patent infringement, despite the fact that the patent in question was held invalid in a subsequent action. The decision was based on the doctrine of action estoppel – namely, that an action between two parties should not be re-litigated.