A business’ brand is the foundation on which the business is built – it’s how customers find their way back. It’s important. It’s capable of being sold, licensed, franchised or stolen. Investing a few hundred pounds in registration in the territories in which it is to be used enables the first three. Failure to register assists the fourth.
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It is not unusual for an inventor or applicant to ask “how much experimental data do I need to file a patent application?” Interestingly, the European Patent Office does not require that a patent application contains any experimental data or results.
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This case considers the question of whether the debranding (removal of a trade mark from goods) and the rebranding (replacing the mark with another) is use in the course of trade and protected by EU trade mark law.
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The European Court of Justice (ECJ, the highest EU court) decided that Nestlé (owner of the KitKat brand), has not shown the below shape has acquired distinctiveness in the European Union, for the purpose of keeping its trade mark registration
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Every case in the Intellectual Property Enterprise Court (IPEC) will differ for many reasons, including subject matter, complexity, and value. For that reason, it is always difficult to exactly predict the fees that a party will incur in the IPEC for each key stage. Nevertheless, some helpful guidance in estimating the fees payable can be found in the Part 45 of the Civil Procedure Rule (CPR).
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Counterfeiting used to be about fake money. Today, almost anything with value is a target. Essentially, if there is money to be made from a product, there will likely be a counterfeiter running off copies. Copying is not the problem.
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Does an audio book produced from a copyright protected literary work for personal use infringe copyright?
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Quantum Base has invented, developed and patented a portfolio of unbreakable nanoscale quantum security devices that are simple, scalable, small and cheap.
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At Appleyard Lees, we have extensive experience in helping universities, and their spin-outs, protect their innovations. We work with over 50 universities throughout the UK and Europe, and know how the universities work, and what they need. With that in mind, we are often asked for our general thoughts and guidance on topics surrounding universities and innovation.
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Howard Read discusses the revisions to the Rules of Procedure of the Boards of Appeal at the European Patent Office.
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