Intellectual Property Notes

Misleading brand name ‘Glen Buchenbach’ infringes the registered geographical indication 'Scotch Whisky'

Political agreement reached on controversial EU Digital Copyright Directive: A fair and balanced result?

Following a turbulent course of lengthy negotiations and delays, political agreement was finally reached by the European Commission, European Parliament …

Herbert Smith Freehills' global Trade Marks Practice lauded a 'formidable force' in WTR 1000 rankings

JAPAN-EU FREE TRADE AGREEMENT NOW IN FORCE

The Japan-EU Economic Partnership Agreement, the largest free-trade agreement between Japan and the EU (aka Japan-EU Free Trade Agreement or JEFTA) …

Herbert Smith Freehills' Brexit Legal Guide updated - comparison of IP and pharma provisions in the draft Withdrawal Agreement versus the No Deal provisions promised by the UK Government

Cadbury's colour purple trade mark can't be split

Clarity and precision in a trade mark description are the winners in the Court of Appeal Cadbury's attempt to argue its trade mark registration for the …

Draft Withdrawal Agreement Approved by UK Cabinet - IP and Marketing Authorisation Provisions Summarised

As was widely reported yesterday evening, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the …

EPO publishes 2018 revision of Guidelines for Examination directed to computer-implemented inventions

The EPO has recently published the 2018 revision to its Guidelines for Examination, which are generally updated annually to take into account …

Brexit "no deal" technical notices published on Patents, Trade marks, Designs, Copyright, GIs, and Exhaustion of rights

The latest tranche of "no deal" technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices …

HSF Legal Guide to Brexit - an update on provision for intellectual property rights

IP rights which are designated as applying across the EU (EU trade marks, Community plant variety rights, Community registered designs and Community …

THE TASTE OF FOODS CANNOT BE PROTECTED BY COPYRIGHT, SAYS THE AG

On 25 July 2018, Advocate General Wathelet issued his opinion in an interesting case pending before the Court of Justice of the EU (CJEU) (C-310/17) …

Intellectual Property and Cyber Security issues considered in UK Government White Paper on the future UK-EU relationship

The UK Government's White Paper detailing its proposal for the future relationship between the UK and the EU (published on 12 July 2018) includes a …