Intellectual property

CJEU confirms that trade mark owners need not amend broad specifications

David Stone

Today, the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18) has declined to follow the Advocate General and held that trade mark specifications that cover broad terms such as “computer software” cannot be invalidated on the basis that they are imprecise or contrary to public policy. In addition, a trade mark Read More

EU Advocate General suggests pay-for-delay settlement agreements may be an abuse of dominant position

Charles Tuffreau

In an opinion issued on 22 January 2020 in the case Generics (UK) Ltd e.a. vs. Competition and Markets Authority (C 307/18), Advocate General Kokott proposes that the Court of Justice of the European Union (CJEU) should find that “an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a Read More

CJEU: cannabis trade mark is contrary to public policy

Beverley Potts

An application for the above trade mark covering food and beverage items has been rejected by the EU General Court. The court confirmed the EUIPO’s previous decision that the mark is contrary to public policy for the following reasons: The sign contains a stylised depiction of the cannabis plant, which is the media symbol for Read More

UK Supreme Court awards Professor Shanks £2m compensation for invention of ‘outstanding benefit’ after 13 year court battle

Rafi Allos

In Shanks v Unilever Plc and others, the UK Supreme Court has, for the first time, handed down a decision on employee compensation for patented inventions. The Supreme Court overturned the previous decisions in the case and decided that Professor Shanks, an employee of Unilever’s UK research subsidiary, CRL, had made a patented invention that Read More

China: NMPA Seeks Comments on Draft Regulations of Drug Registration, Manufacturing and Distribution

David Shen

On 30 September 2019, the Chinese National Medical Products Administration (the NMPA) published three sets of draft regulations seeking public comment. They are the Draft Drug Registration Regulations, the Draft Manufacturing Regulations and the Draft Drug Distribution Regulations. The Ministry of Justice further updated these Draft Regulations on 15 October 2019 and is seeking public Read More