Extension of Deadline!
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| A Kat considering becoming a judge Image by Riana Harvey |
Rose Hughes presented an analysis of an EPO Board of Appeal decision on the correct approach to third party intervention in opposition proceedings. Although the UPC informed the Board that parallel infringement proceedings were pending before the UPC and one of the opponents in the said parallel UPC infringement action filed a notice of intervention, the Board refused to postpone the case and heard it according to the original schedule.
Rose Hughes also discussed a decision of the UPC concerning whether UPC still had jurisdiction over infringement of a UK patent right. Although the UK withdrew from participation in the UPC post-Brexit, the court concluded that it had jurisdiction over the UK regarding infringement proceedings for patents granted by the EPO, which are valid in the contracting states to the EPC.
Rose Hughes, additionally, analysed the UPC’s decision in Plant-e v Bioo, dealing with the doctrine of equivalents in patent infringement cases for the first time. Drawing from various national jurisdictions, the Court provided a new four-part test for assessing equivalence. Despite the absence of literal infringement, the application of the arguably patentee-friendly test resulted in the finding of equivalent infringement.
Trade Marks and Geographical Indications
Katfriend Jessica Mathew (Surrey Law School) discussed the recent decisions on the famous “Dubai Chocolate”. The District Court of Cologne decided that “Dubai Chocolate” misled consumers about the product’s geographical origin, while the District Court of Frankfurt adopted an opposing view and considered the term generic for pistachio-knafeh-style confectionery bars.This Kat looked into a decision of the Court of Justice of the EU regarding the use of misleading indications in EU trade marks. The Court found that the term ‘coffee’ has a serious risk of deception, when used in connection with goods and services including or related to tea, cocoa, and artificial coffee.
Katfriend Oliver Fairhurst (Lewis Silkin) commented on the recent Thatchers Cider v Aldi decision of the Court of Appeal of England & Wales. The Court found that Aldi had taken unfair advantage of Thatchers’ well-known trade mark. Our Katfriend evaluated the judgment from three perspectives: unfair advantage, impact of comparative advertising, and unfair competition in the UK.
Copyright
Alessandro Cerri explored a recent decision of the Intellectual Property Enterprise Court of the High Court of England & Wales on copyright infringement in a TV format. The Court ruled that the combination of features that formed the relevant TV show did not qualify as a dramatic work under UK copyright law.Anastasiia Kyrylenko evaluated a recent request for preliminary ruling to the Court of Justice of the EU concerning private copying. The German Federal Court of Justice, in its request, asks whether publishers could receive funds from collective management organisations which are financed through compensation for private copying exception and public lending rights.
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