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Intellectual Property Newsletter – March 2013

Accession of Croatia to the EU

On 1 July 2013 the European Union will be enlarged to 28 member states when Croatia joins. Click here to read more on how this impacts on the Community Trade Mark system.

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To use or not to use? That is the question

Is “use” of a trade mark in one EU member state sufficient to show use of a Community Trade Mark?

Earlier this year, we reported that the Advocate General had provided his opinion on this question in the case of Leno Merken v Hagelkruis Beheer, a copy of which can be found here. Further to the Advocate General’s opinion, the Court of Justice of the European Union (“CJEU”) has now ruled on what constitutes “use” of a Community Trade mark in the EU.

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How far does copyright protect software?

The Court endorses the approach of the judge in Navitaire Inc v easyJet.

The High Court’s decision in SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) sets out what aspects of a computer program can be protected in copyright.

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Patent Box – a box of delights?

1 April 2013 will see the introduction of the “UK Patent Box” which will provide significant tax incentives to businesses offering goods or services covered by a patent.

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The Danger of Limitations in Patents

A recent interim injunction application relating to a patent covering a medication management platform (i.e. a tray with compartments containing periodic doses of medicines for patients) illustrates the dangers of using limitations within patent claims.

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How far does the damages claim stretch?

In a recent decision by HHJ Birss sitting in the Patents County Court, a number of issues relating to damages for patent infringement were considered. The Claimant claimed a number of heads of damages, but there were a few of particular interest, including for sales of non-infringing products, interest paid on business loans and additional damages based on “moral prejudice”.

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