Intellectual Property Office’s temporary fee changes due to end

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In July 2020, the United Kingdom (UK) Intellectual Property Office (IPO) revised its fees to patents, trademarks, registered designs, and supplementary protection certificates to help and encourage filers during the Covid-19 pandemic. The changes included removing surcharges for patent application fee payments after the filing date, zero fees for time extensions, and reduced late payment […]

Burberry beats Baneberry in China

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In the latter half of February, the Suzhou Intermediate People’s Court has issued an injunction against a copycat brand in China called Baneberry. The injunction was issued on behalf of Burberry. The Court found that Shanghai based company, Xinboli Trading had infringed on Burberry’s logo and trade marked patterns. Xinboli had owned two trade marks […]

Brexit: Intellectual property rights in Gibraltar

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Gibraltar has a small population of around 35,000 people but is rated in the top 20 global territories for gross domestic product per head. This is largely due to Gibraltar’s generous tax system, financial services, and internet gambling. The chief executive of Bet365 (online gambling) earned £323 million in 2019. Gibraltar does not have an […]

Amazon placed on the United States Trade Representative’s “notorious” list

Amazon’s German, Spanish, and United Kingdom’s (UK) platforms have been placed on the United States (US) Trade Representative’s (USTR) 2020 “Notorious Markets” list due to having “high levels of counterfeit goods” on these platforms. European platforms were found to list high volumes of counterfeit goods including, amazon.co.uk, amazon.es, amazon.it, amazon.de, and amazon.fr. Rightsholders are concerned […]

Intellectual property disputes after Brexit

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11pm on the 31 December 2020 signified the end of the transition period. It brought implications for many areas of business and law including the United Kingdom’s (UK) intellectual property (IP) disputes system. IP disputes before 31 December 2020: UK rightsholders could protect their European Union (EU) rights here in the UK. UK courts had […]

Secondary copyright infringement?

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The Copyright Designs and Patents Act 1988 gives two different groups of infringing acts. They are primary infringement and secondary infringement. For secondary infringement, the defendant needs to have had certain knowledge, or reasonable grounds to have that knowledge, at the time of carrying out the infringement. The following acts, if carried out without the […]

Primary copyright infringement?

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The Copyright Designs and Patents Act 1988 gives two different groups of infringing acts. They are primary infringement and secondary infringement. Primary infringements are ‘strict liability’ torts, which means no knowledge or intention is needed to be shown by the defendant to establish liability. If a person does any of the following restricted acts in […]

UK intellectual property after Brexit

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Tim Moss, CEO of the United Kingdom (UK) Intellectual Property Office (IPO) spoke at the Chartered Institute of Trade Mark Attorneys (CITMA) virtual autumn conference. He said the UK’s intellectual property (IP) system “is one of the worlds best and that will not change after the 31 December” (end of the Brexit transition period). Whilst […]

News: EU Commission rejects reciprocation on unregistered design protections

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With a possible no-deal Brexit just around the corner, United Kingdom (UK) designers have been dealt a major blow. The European Commission had opted to reject reciprocation between the European Union (EU) and UK on unregistered community design protections. This means that UK designers unregistered rights within the EU will stop on the 31 December […]

News: UK to have its own geographical indications after Brexit

Geo-blocking

The United Kingdom (UK) Government has announced that the UK will have its own geographical indications (GI) scheme after Brexit. It will be implemented on the 1 January 2021. A GI is a sign used on products which have a specific geographical location and have qualities or a reputation that is connected to that location. […]