The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice.
Read MoreAn Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.
Read MoreThe UKIPO Transformation Programme
The UKIPO launched a transformation programme to modernise their trade mark and design services by the end of 2025. The aim is to replace their existing processes with a fully digitalised system in line with increased volume of work and customer demand.
Read MoreThe European Court of Justice (CJEU) has handed down its decision in the case Ferrari v. Mansory Design on the scope of protection of Unregistered Community Designs (case C 123/20). This case is particularly relevant as it shines a new light on the scope of protection of part of a product under the Unregistered Community Designs (UCD) regime.
Read MoreIn great news for companies that file trade marks internationally, the Government of the United Arab Emirates has agreed to join the Madrid Protocol from 28 December 2021.
Read MoreOn 24 February 2021, the UK High Court found that a number of Oh Polly dress designs had infringed the unregistered design rights of its competitor, House of CB. This recent decision confirms the risk of additional damages being awarded if infringers flagrantly copy third party designs, whilst also confirming the difficulties brand owners face in bringing passing off actions based solely on copycat designs.
Read MoreThe Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Bill), with important changes to designs law, is currently before Senate for consideration. It includes a much-anticipated change to implement a grace period that will allow designers to publish their designs before applying for design protection.
Read MoreThe COVID-19 outbreak has impacted all businesses in one way or another and IP Australia understands that dealing with IP matters is not necessarily the highest priority for some businesses.
As a result, from 22 April 2020 IP Australia is providing free three month extensions of time for most deadlines but not renewal and continuation fees deadlines. Additionally, the six month grace period is still available and ordinary extensions of time will remain available for periods of longer than three months.
Read MoreIn Response Clothing Ltd v The Edinburgh Woollen Mill Ltd [2020] EWHC 148 (IPEC), the Intellectual Property Enterprise Court (“IPEC”) has issued the first UK decision made since the Court of Justice of the European Union’s controversial decision in Cofemel (C-683/17).
Why does this matter?
The Cofemel decision indicated that there is a harmonised concept of what constitutes a ‘work’ under copyright law throughout the EU, which is not restricted by any defined categories and should not take into account any aesthetic considerations.
Accordingly, there has been much discussion about the UK’s closed list of copyright protectable subject matter under the Copyright, Designs and Patent Act 1988 (“1988 Act”) and the concepts of ‘artistic works’, ‘sculptures’ and ‘works of artistic craftsmanship’ under section 4 of the 1988 Act and whether these are incompatible with EU law. Previous prominent Court decisions such as the Lucasfilm decision in the Stormtrooper Helmet case have also been thrown into question.
This decision is the first time that a UK Court has had to deal with this apparent incompatibility.
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