Following up on our post in April 2014 this year, we can now confirm that the CJEU has ruled in the proceedings Of Karen Millen Fashions Ltd v Dunnes Stores, Dunnes Stores (Limerick) Ltd on how so-called “individual character” of a design is to be assessed. The decision has just been posted on the Curia website. The Supreme [...]
In June last year we posted an article on the UK Intellectual Property Bill 2013 (https://maclachlan.ie/uk-intellectual-property-bill-2013). On 2nd April 2014 the House of Lords agreed the amendments made to the Bill in the House of Commons and the Bill now only requires the Royal Assent to become law. This post comments on changes to design [...]
The long-running dispute between British fashion house Karen Millen and the well known Irish retailer, Dunnes Stores, has moved a step closer to resolution. “Not before time”, some might say, since the case relates to women's clothing originally sold by Karen Millen in 2005. Karen Millen claimed that it was the owner of unregistered Community [...]
On Sunday March 16th 2014, Peter MacLachlan appeared on Today FM on the Sunday Business Show with Conall O’Morain to discuss the Registration of slogans as Trade Marks. Listen to the podcast here: http://www.todayfm.com/player/podcasts/The_Sunday_Business_Show/Sunday_Business_Show/12644/1/own_your_very_own_slogan
With effect from 1st March 2014, Ireland has formally acceded to the London Agreement. In practice, it has been possible since 3rd September 2012 to avoid filing any translation where a European Patent is granted in the German or French languages, as changes to Ireland’s national laws effective from that date dispensed with the requirement [...]
The European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People's Republic of China (SIPO) and the United States Patent and Trademark Office (USPTO) are referred to as the IP5 Offices. The IP5 PPH pilot programme commenced on 6th January 2014 and will continue for [...]
Doctor Who has hit the headlines for more than one reason recently. On the 50th anniversary of the British science-fiction TV show produced by the BBC, Stef Coburn, the son of one of the original writers of the show, has claimed ownership of rights in the TARDIS. For those of you who are not Whovians [...]
The current IPR Regulation will be replaced on the 1st of January 2014 by Council Regulation No. 608 of 2013. This new Regulation will simplify the process where the Customs Authorities intervene in suspected cases of counterfeit goods, namely from January 2014 a new application form must be used for "applications for action" while there [...]
The news section of the European Patent Office website www.epo.org notes today that an amendment of the provisions of the European Patent Convention dealing with the requirements for the filing of divisional applications has been adopted. The decision enters into force on 1st April 2014 and will apply to divisional applications filed on or after [...]
It has been widely reported that Ireland is the fifth biggest exporter in the pharmaceutical field and that many blockbuster drugs have either recently lost or will soon lose their patent protection with few new drugs having been developed to replace the money-making blockbusters. For example, Irish-made cholesterol-lowering drug Lipitor (Pfizer) and schizophrenia drug Zyprexa [...]