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Industry Bulletin

IP legislation and practice is a fast-moving field. Regulatory, legislative and/or process changes can occur on a regular basis in numerous countries and IP offices around the world. To help keep our clients informed about some of these important changes, we are issuing a series of Industry Bulletins, showcasing topics of interest that we think will be of use to you. For the latest Industry Bulletins, see below.

EUTMs and the benefits of a seniority claim


A seniority claim allows the owner of a European Trademark (EUTM) to claim prior rights based on existing national trademark registrations within member states of the European Union. A successful claim extends EUTM rights in the country claimed back to the date of the earlier national registration. However, this doesn’t necessarily mean that you should allow the earlier national rights to..


The EC’s draft Brexit agreement – what does it mean for IP?


The European Commission's Draft Withdrawal Agreement, issued at the end of February, proposes that EU registered IP rights be automatically granted continued protection in the UK without re-examination and without additional charge. While the document is a draft proposal; it looks unlikely that the position will vary considerably from the position outlined given the ‘transition deal’ agreed..


UK ratifies Hague Agreement for industrial designs


The final step in the UK joining the Hague Agreement for industrial designs has been completed with the UK instrument of ratification being deposited in Geneva earlier this week. While the UK is already a participant to the system as a member state of the EU, this still is an important step in the UK’s development of its design regimes, as Novagraaf’s Claire Jones explains.


UKIPO confirms bad faith in ‘Gleissner’ filing


Approximately 5% of all the live contested trademark cases before the UK IPO relate to ‘Gleissner’ filings, according to a recent ruling over the mark ‘Alexander’. This latest decision is good news for affected brand owners, says Novagraaf’s Claire Jones.


EC confirms EU IP rights will cease to apply to UK as of 30 March 2019


While Article 50(3) of the Treaty on European Union does allow for any withdrawal agreement to put a transition period in place to extend this timeframe, this latest Notice from the European Commission makes clear that unless that agreement is ratified in time, all Union primary and secondary law will cease to apply to the UK from 30 March 2019. “This is potentially the ‘nightmare..


MARQUES publishes Brexit position paper


The European brand owners association, MARQUES, has issued a Brexit position paper calling for urgent clarity on IP rights post-Brexit.


Implications of the IP (Unjustified Threats) Act 2017 (UK)


The IP (Unjustified Threats) Act that received Royal Assent on 27 April 2017 came into force on 1 October this year, reforming the existing law around threats provisions. Novagraaf’s Claire Jones explains the implications of the reforms.


Industry focus: When IP meets IPA


With brewing becoming ever-bigger business, Novagraaf's Claire Jones provides a flavour of the IP that can result.


EU sets out its vision for IP post-Brexit


The European Commission has published a position paper on IP rights (including geographical indications) post-Brexit. The document, circulated to the remaining 27 EU member states ahead of a meeting on 7 September, sets out five “general principles” for negotiations with the UK.


Poundland takes on Mondelēz in battle of the chocolate peaks


Budget UK retailer Poundland has delayed the launch of ‘Twin Peaks’, a Toblerone lookalike chocolate bar, following a legal dispute with Mondelēz International, the company behind the much-loved bar. It follows public outrage at Mondelēz’s decision last year to put Toblerone on a diet, citing the falling value of the pound as the reasoning for thinning out Toblerone’s distinctive..