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News & insights

Expandable Garden Hoses – A Seemingly Simple Mechanical Patent

The Court of Appeal decision in E. Mishan & Sons Limited v Hozelock & Ors concerns that rare beast – a dispute over a simple mechanical patent which requires no specialist knowledge to understand.

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Sky’s the Limit

Lord Justice Arnold has handed down a further judgment in the long-running trade mark dispute between the TV broadcaster and telephony/broadband service provider Sky and the cloud management software provider Skykick.

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IP Infringement – What is the Liability of a Company’s Directors to Pay the Profits Made by the Company from the Infringement?

To what extent can the directors of a company, which has been held liable for infringement of an IP right, be personally liable to pay to the IP right owner the profits wrongfully made by the company as a result of its infringing acts?

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Patent Infringement – Is There Any Room for Subjectivity?

In English law, the construction of patent claims has always been held to be a strictly objective exercise. The meaning of the wording of the claims is viewed through the eyes of the skilled person, and the knowledge and intentions of the alleged infringer is irrelevant to determining whether the alleged infringement falls within the scope of the claims.

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Patents and the Public Interest – When Should a Final Injunction be Refused?

When should a court, having found a patent to be valid and infringed, refuse to grant a final injunction, on grounds that it would not be in the public interest?

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Trade Secret Escapes

In the UK, the law of confidential information has been built up over many years and existed, until very recently, in a mixture of a carefully developed body of common law and a parallel equitable obligation of confidence.

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A “Sky” of Relief for EU Trade Mark Proprietors

On 29 January the CJEU gave its judgment in the long awaited SKYKICK matter and the decision is good news for trade mark owners.

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Copyright in Designs – Is Everything Now Protectable?

The distinction drawn in UK law between protection for artistic 3D designs (which receive copyright protection for the author’s life plus 70 years) and for more functional 3D designs (which are protected only for 10 years under UK unregistered design right) was thrown into doubt by the CJEU’s 2019 decision in Cofemel. The IPEC has now provided a partial answer as to the implications of Cofemel, albeit in a case involving a 2D design. It is clear that the approach in UK law of categorising the types of works in which copyright can subsist is incompatible with EU law, but much less clear as to whether anything can, will, or indeed should, be done about it.

News & insights

UK Unregistered Design Right – Is It Any Clearer?

The provisions of the Copyright Designs and Patents Act 1988 (“CDPA 1988”) which deal with the UK unregistered design right are notoriously poorly drafted and unclear.