News archive for July 2018
All of our news from July 2018
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CJEU confirms Art 3(a) criteria for determining SPC protection
July 2018
In order for an SPC to be valid the relevant product must be “protected by” the basic patent. The meaning of “protected by” has been the subject of much debate, especially in relation to combination products.
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Heinz suffers another ASA defeat in the battle for “gainz”
July 2018
It is a regular debate amongst gym goers as to what to eat post training in order to obtain a good amount of protein. The ASA has banned a TV advert for Heinz Beanz for creating the “impression” that beans contain as much protein, fibre and fat as a typical protein shake.vvvvvvv
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ePrivacy Regulation- Further Delay as Germany Looks for Changes
July 2018
Originally due to come in at the same time as the General Data Protection Regulation (GDPR) the European ePrivacy Regulation looks set for further delay following the German Government setting out an updated position.
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UK intends to explore staying in the UPC and unitary patent system after the UK leaves the EU
July 2018
The UK government has reaffirmed its commitment to the UPC and unitary patent in the recent “Brexit White Paper”.
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Combatting advertising that supports the sale of counterfeit goods
July 2018
A voluntary memorandum of understanding (“MoU”) comes into effect today which will attempt to try and minimise the placement of advertising on websites and mobile phone applications that infringe copyright or disseminate counterfeit goods.
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Nestlé Loses Appeal In “KitKat” Case
July 2018
The Court of Justice of the European Union handed down it’s judgment today on the “KitKat” case, resulting in Nestlé (the maker of the KitKat) losing its EU trade mark for the shape of its chocolate wafer product.
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Adverts for online pharmacy ailed by ASA ruling
July 2018
Adverts, for online pharmacist Pharmacy2U, appearing on Twitter and TV claiming that managing repeat prescriptions online could save the NHS “over £300 million a year on prescription costs” have been found by the ASA to be misleading and unsubstantiated.
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No Official Fee Will Be Payable On Automatic Conversion Of Registered EU Trade Marks And Designs
July 2018
UK Government confirms no official Registry fee will be payable on automatic conversion of registered EU trade marks and designs into national UK rights post-Brexit
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Fast Fashion: EU-wide
July 2018
Reducing the time it takes to get new fashion lines to customers is key to maintaining a commercial advantage. The traditional 6-month lead time on new stock is now often closer to 3 months. Some brands such as Public Desire have told how they have sourced materials, produced and promoted footwear in a 6-week timeframe in order to be on people’s feet first. Such “fast fashion” is characterised by very rapid production cycles, low cost and is often inspired by the catwalks or celebrities.
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ICO issues interim findings in Facebook investigation
July 2018
Alongside all the excitement in the run-up to the implementation of the General Data Protection Regulation (GDPR), data protection was also in the news following revelations around Cambridge Analytica’s harvesting of Facebook user’s Personal Data and the impact on elections.
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