ARTICLE
23 January 2013

IP News: What To Watch Out For In 2013

UK Judgments following a number of CJEU rulings.
United Kingdom Intellectual Property

UK Judgments (following CJEU rulings):

Interflora v Marks & Spencer - on the use by M&S of INTERFLORA as an advertising keyword

Football Dataco v Sportradar – on liability for "re-utilisation" of database contents

SAS Institute v World Programming Limited - on the scope of copyright protection for computer programs

CIPA v Registrar of Trade Marks ("IP Translator" case) - on class headings in trade mark specifications

L'Oreal v eBay - on intermediary liability

Novartis v Actavis – on Supplemental Protection Certificates

Other UK judgments

Newspaper Licensing Agency v Meltwater Holding (on appeal from the Court of Appeal) - on the scope of copyright protection when browsing newspaper headlines and extracts

Football Dataco v Sportradar; Football Dataco v James Abingdon (Court of Appeal decision) - on the subsistence of database right and joint liability for infringement

Advocate General's Opinions

ITV v TV CatchUp - on copyright aspects of live internet streaming of terrestrial TV broadcasts

Actavis v Sanofi and AstraZeneca v Comptroller General of Patents on SPCs

Nils Svensson v Retreiver Sverige on whether linking to websites is a communication to the public

CJEU rulings

FCI v FCIPPR – on defence of later registered CTM in CTM infringement proceedings

General

Unitary Patent and the Unified Patent Court – agreement to be signed in February and subsequently ratified by Member States

New EU Customs Regulation – second reading of proposal likely in March 2013.

New Costs Management Procedures in English IP litigation – April 2013

Enterprise and Regulatory Reform Bill – repeal of s52 CDPA 1988 and the power to make exceptions to copyright law without parliamentary scrutiny – Bill currently at the Committee stage of the House of Lords.  

Patent Box – reduction of corporation tax on income from the exploitation of new patents – from April 2013.

EU Orphan Works Registry – database to be set up in 2013

Law Commission Consultation on Unjustified Threats Provisions for trade marks, patents and designs –February 2013

New generic top-level domain names (gTLDs) – evaluation and publication of results and possible delegation by the end of the year

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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