Intellectual property news and updates

Trunki Sends Kiddee Case Packing

In a recent High Court case, Magmatic Limited vs. PMS International Limited, the claimant, which manufactures and sells the Trunki suitcase for children, was successful in its claim of registered design and unregistered design right infringement by the defendant.

Nestec vs. Dualit: indirect infringement of “consumables”

In a recent case, Schutz v Werit, the UK Supreme Court decided that replacing the “bottle” in a patented intermediate bulk container (“IBC”) was not an infringement of the patent, as the IBC was not being “made” by replacement of the bottle.

Virgin vs. Zodiac – patentees cannot now recover pending damages from subsequently invalid UK patents

In a recent decision handed down by the Supreme Court, the time-honoured UK tradition of a patentee being able to claim pending damages from an infringer despite their patent being subsequently revoked (and so deemed never granted in the first place), has been quashed.

Important change to UK copyright law

Section 52 of the Copyright Designs and Patents Act 1988 has been repealed. Section 52 limited the usual copyright term of life of the author, plus 70 years to a mere 25 years for certain artistic works, i.e. artistic works that are mass produced (more than 50 made).

Brand-i : the anti-counterfeiting directory

As a manufacturer of branded products, how can you ensure that consumers know where to buy your authentic products online? You can use Brand-i, a website set up by Trading Standards in the UK to ensure that consumers can buy authentic goods from authorised online stockists for key counterfeit goods.

Marking products with a web address to an online notice of patent rights

In patent infringement proceedings, an infringer can sometimes avoid or reduce their liability for damages if they can show that they had no reason to suspect that the infringed patent existed. This can be prevented where patent applicants and owners have marked their product (and/or its packaging and/or product information) with notices detailing their patents in force and/or pending patent applications that cover the product.

The UK Intellectual Property Office (UKIPO) funding IP audits

SMEs can currently apply for funding for an IP audit via one of the UKIPO’s partners including GrowthAccelerator, Welsh Government and Scottish Enterprise, for companies based in England, Wales and Scotland respectively.

Proposed change to UK patent law: sharing unpublished information with other patent offices

During the first eighteen months of a UK patent application, the UK Intellectual Property Office (IPO) conducts a prior-art search and informs the applicant in a Search Report of any relevant documents found as well as providing remarks on patentability of the invention.

UKIPO encouraging pharmaceutical innovation

The UK Intellectual Property Office is undertaking a formal consultation on its proposal to amend the Patents Act to allow clinical and field trials for new drugs, which involve the use of already patented drugs, to be carried out without risk of patent infringement. This would include the activities required to obtain regulatory approval to market new drugs or to assess their efficacy.

New “Small Claims” track at the UK Patents County Court

A “small claims” track was officially launched at the UK Patents County Court (PCC), on 1st October.

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