This month’s IP and IT Briefing includes cases from both the UK and EU courts.
In the UK, the Court of Appeal reversed the High Court’s finding on jurisdiction under the Recast Regulation in Ablynx NV & Anor v Vhsquared Ltd & Ors. It decided to stay the whole of the proceedings in light of litigation in Belgium.
In the High Court, Mr Justice Birss invalidated a patent owned by Conversant in a dispute with Apple, while Mr David Stone analysed the Nice Classification in an appeal from the UK IPO regarding trade marks for Chinese tea.
At the CJEU, the Court has given judgments or opinions in cases on copyright, data protection, trade marks and geographical indications. In the Tom Kabinet case, it ruled that the supply to the public by downloading, for permanent use, an e-book is covered by the concept of ‘communication to the public’ rather than ‘distribution to the public’. In a case concerning the transfer of personal data between Facebook Ireland and Facebook Inc in the United States, the Advocate General proposed that the Court should find the Commission’s 20120 Decision on standard contractual clauses to be valid.
In trade marks, the Court upheld the validity of a 3D sign for a bottle and set aside the General Court’s judgment in a case concerning genuine use of a collective mark. In litigation over the GI Aceto Balsamico di Modena, it said that GI protection does not extend to the use of the individual non-geographical terms of that name.
In Brexit developments, the newly elected government is pressing ahead with the Withdrawal Agreement Bill, with a view to leaving the EU on 31 January and ending the transition period on 31 December 2020. It also said it would give greater scope for UK courts to diverge from EU law after Brexit.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.