When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. No UK address for service was required for a period of 3 years from the date of the UK’s departure from the EU. However, the end of this 3-year period is approaching and rights holders are strongly advised to appoint a UK address for service by 1 January 2024.
The Board of Appeal of the EUIPO has concluded that vacuum clear bags are entitled to design protection and are not excluded as complex products. This decision seems to confirm that consumable products are eligible for design protection.
Overview Although there are many similarities between Australian design law and that in the EU, the Australian system (“The Commonwealth of Australia’s Designs Act 2003”) has been somewhat outdated in comparison. For example: No grace period was available to designers. No prior user exemption to infringement was available. No right of an exclusive licensee to […]
Partial Designs Previously, Chinese design law excluded the protection of partial designs, i.e. portions of a product that cannot be partitioned or sold and used independently. Instead, designs could only be registered for the appearance of a product in its entirety. However, the registration of partial designs will be allowed in China after 1 June […]
A summary of the changes for 2021 and key points for right holders to note are provided below. Patents and Supplementary Protection Certificates (SPCs) The UK’s membership of the European Patent Convention and the ability for UK attorneys to represent clients before the European Patent Office is unchanged. Business as usual here! Supplementary Protection Certificates […]
Most of the schemes discussed below are based on companies having registered IP rights. However, some protection is also offered for copyright works. Schlich is able to assist companies in establishing IP rights so that they can use these facilities to protect their intellectual property or in escalating matters if that becomes necessary. For more […]
CJEU confirms that copyright can subsist in products whose shape is, at least in part, necessary to obtain a technical result
Background Back in 2017, Brompton Bicycle Ltd (‘Brompton’), who manufacture the famous Brompton bicycle which adopts three different positions and thus can be folded away when not in use, brought an action before the tribunal de l’entreprise de Liège in Belgium seeking a ruling that Get2Get’s bicycles infringe their copyright. By way of defence, Get2Get […]
There has been much discussion over the past few years on the effect of Brexit on intellectual property rights within the UK. The precise outcomes were, for a long time, unknown due to the uncertainty regarding the type of Brexit that would be delivered. It is now clear that the UK will leave the EU […]