Intellectual Property Notes

The Court of Justice of the European Union holds that Supplementary Protection Certificates cannot be obtained for new formulations of previously approved active ingredients in Abraxis (Case C-443/17)

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

Changes to the UK trade mark regime: Trade Marks Regulations 2018 - coming into force on 14 January 2019

The new EU Trade Mark Directive (2015/2436), designed, in part, to make trade mark law across the EU fit for the digital age, will be implemented into UK …

Preparations for the UPC continue despite an "unpredictable environment"

The UPC Preparatory Committee has issued a “Status of the Unified Patent Court Project” statement and review of 2018, confirming that there …

Advocate General proposes literal interpretation of Article 3(d) SPC Regulation in Abraxis (C-443/17)

The Advocate General of the CJEU proposed a narrow interpretation of Article    3(d) in the Opinion given yesterday in Abraxis …

Patent and Pharma Update - December 2018

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 …

Italy moves the unitary patent a step closer