The exemptions to patent infringement applicable in the United Kingdom to life sciences products are often a source of confusion. This is not least because of the introduction of a third exemption in this area on 1 October 2014. The extent of protection offered by each exemption differs, but to some extent overlaps, and there is only slim guidance from the courts on two of the three.
The High Court has overturned a decision of the registrar of trademarks in which an opposition against an application for a stylised mark featuring the words 'VAPE & CO' was upheld. The opposition was filed by London Vape Company Ltd based on its stylised UK registration featuring the words 'THE vape.co'. The High Court upheld the appeal, noting that "if the only similarity between the respective marks is a common element which has low distinctiveness, that points against there being a likelihood of confusion".