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Intellectual Property Law x clear all

A ‘blink blink eye rub’ does not amount to passing off

Peter Ellis and Giles Parsons.

in Journal of Intellectual Property Law & Practice

October 2014; p ublished online September 2014 .

Journal Article. Subjects: Intellectual Property Law. 1254 words.

Moroccanoil Israel Ltd (MIL) failed in its passing off claim against Aldi; although Aldi's packaging was deliberately similar to MIL's packaging, there was no evidence of customers being...

A. FULTON CO. LTD v. GRANT BARNETT & CO. LTD

in Reports of Patent, Design and Trade Mark Cases

January 2001; p ublished online January 2001 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Design right—Folding umbrellas—Design of handles and of case—Whether commonplace—Whether method or principle of construction—Whether features “must fit”—Whether features “must...

A. FULTON CO LTD v TOTES ISOTONER (UK) LTD

in Reports of Patent, Design and Trade Mark Cases

January 2004; p ublished online January 2004 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Design right—Umbrella case—Design of part of article—Design held valid and infringed—Appeal to Court of Appeal—Whether separate design right subsists in part only of article.

A. FULTON CO LTD v TOTES ISOTONER (UK) LTD

in Reports of Patent, Design and Trade Mark Cases

January 2003; p ublished online January 2003 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Registered design—Umbrella case—Validity—Whether umbrella case “an article”—Novelty—Whether anticipation by prior art—Whether differing only in immaterial details—Whether variants common in...

A. J. AND M. A. LEVY'S TRADE MARK

in Reports of Patent, Design and Trade Mark Cases

January 1999; p ublished online January 1999 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Trade mark—Application—Opposition—Application for extension of time—Refusal by registrar—Exercise of discretion—Appeal not a rehearing—Appeal dismissed.

A. J. AND M. A. LEVY'S TRADE MARK (NO. 2)

in Reports of Patent, Design and Trade Mark Cases

January 1999; p ublished online January 1999 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Trade mark—Application for revocation—Appeal to appointed person—Whether registrar had residual discretion under section 46(1)—Important point of law—Request to refer appeal to High...

Abandoning Exclusivity and Getting Paid Instead

William Patry.

in How to Fix Copyright

March 2012; p ublished online April 2015 .

Chapter. Subjects: Intellectual Property Law. 3534 words.

A central element in copyright ideology is exclusivity. Copyright owners are said to be granted “exclusive rights,” the essence of which is the ability to exclude, to be able to say no to...

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Abbott Laboratories Ltd v Evysio Medical Devices ULC

in Reports of Patent, Design and Trade Mark Cases

July 2008; p ublished online July 2008 .

Journal Article. Subjects: Intellectual Property Law. 35005 words.

Patent—Coronary stents—Revocation—Declaration of non-infringement—Counter- claim for infringement—Construction of claims—Validity—Novelty—Inventive step—Skilled addressee—Common general...

ABBOTT LABORATORIES' SPC APPLICATION

in Reports of Patent, Design and Trade Mark Cases

January 2004; p ublished online January 2004 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Supplementary protection certificate—Application—Late filing due to unforeseen circumstances—Whether time ran from date of marketing authorisation or date of notification of grant of...

ABDULHAYOGLU'S APPLICATION

in Reports of Patent, Design and Trade Mark Cases

January 2000; p ublished online January 2000 .

Journal Article. Subjects: Intellectual Property Law. 0 words.

Patent—Entitlement—Reference to the Comptroller—Jurisdiction to award security for costs—Whether the Comptroller is a court for the purposes of section 726 of the Companies Act 1985

Absolute Bans on the Registration of Product Shape Marks

Ng-Loy Wee Loon.

in The Protection of Non-Traditional Trademarks

December 2018; p ublished online February 2019 .

Chapter. Subjects: Intellectual Property Law. 9559 words.

The trademark legislation of some countries explicitly and absolutely bans the registration of certain product shape marks, namely, the natural shape of the product, functional shapes,...

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Absolute bar for registration of trade marks which are imitations of State emblems

Véronique De Ridder.

in Journal of Intellectual Property Law & Practice

January 2010; p ublished online December 2009 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1389 words.

The European Court of Justice (ECJ) has ruled that a Community trade mark application for a sign containing a maple leaf and the letters ‘RW’ below it should be rejected for all the goods...

Absolute grounds for refusal

L. Bently and B. Sherman.

in Intellectual Property Law

September 2014; p ublished online November 2014 .

Chapter. Subjects: Intellectual Property Law. 25902 words.

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7...

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Absolute grounds for refusal

L. Bently, B. Sherman, D. Gangjee and P. Johnson.

in Intellectual Property Law

September 2018; p ublished online September 2018 .

Chapter. Subjects: Intellectual Property Law. 29097 words.

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7...

Go to »  abstract

Abstract functional combinations after Actavis: what future?

Christopher Brückner and Robert Lelkes.

in Journal of Intellectual Property Law & Practice

March 2016; p ublished online February 2016 .

Journal Article. Subjects: Intellectual Property Law. 1989 words.

In a series of decisions concerning the complex issues arising in relation to supplementary protection certificates, the Court of Justice of the European Union (CJEU) recently behaved like...

‘Abstract idea’ exception to patent-eligible subject matter clarified

Charles R. Macedo.

in Journal of Intellectual Property Law & Practice

June 2011; p ublished online March 2011 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1243 words.

The US Federal Circuit recognizes the broad reach of patent-eligible subject matter and narrow scope of the ‘abstract idea’ exception under 35 USC §101.

Abstracts as part of contents of patent applications

David Rogers.

in Journal of Intellectual Property Law & Practice

October 2008; p ublished online August 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 765 words.

This decision by the EPO Board confirms that the text of an abstract as filed cannot be used to overcome Article 123(2) EPC problems.

17 Abuse of dominance (1): non-pricing practices

Richard Whish.

in Competition Law

January 2012 .

Chapter. Subjects: IT and Communications Law; Intellectual Property Law; Competition Law; EU Law; Law. 34 pages. 20980 words.

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18 Abuse of dominance (2): pricing practices

Richard Whish.

in Competition Law

January 2012 .

Chapter. Subjects: Intellectual Property Law; Competition Law; EU Law; Law. 52 pages. 31319 words.

Go to »  abstract

Academic dilemma? Antipodean and New World directions on the ownership of inventions

David B. Cox.

in Journal of Intellectual Property Law & Practice

February 2012; p ublished online February 2012 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 8250 words.

Dr David B Cox is a Partner with Jackson McDonald Lawyers, Perth, Australia. He previously worked in the biomedical research industry.

This article examines patent entitlement and...