This month’s briefing features a range of patent, copyright and design cases, including an important decision on copyright infringement on the internet, as well as highlights from the Court of Justice of the EU and the latest developments regarding Brexit and the Unified Patent Court.
The Court of Appeal upheld all the findings of the High Court in a patent dispute over haircare products between Olaplex and L’Oréal. In the UK arm of an international dispute between the parties, the High Court had allowed an unconditional amendment to the patent, found it valid and infringed, and rejected an attempt to adduce further evidence. The Court of Appeal turned down L’Oréal’s challenges to each of these findings.
Perhaps the most interesting decision this month was Warner Music UK Ltd & Ors v Tunein Inc, regarding the liability of the online radio service TuneIn for copyright infringement. In a judgment that discussed what constitutes targeting, the communication to the public, what amounts to authorisation and other matters, Mr Justice Birss found in favour of the copyright owners.
In the High Court, there were two patent decisions in November. In one, concerning TV/broadband technology, the judge revoked the patent for lack of novelty, lack of inventive step and added matter. In the other, concerning carriers for machine guns, the judge found infringement on the basis of the UK Supreme Court’s decision on equivalents in Actavis.
At the IPEC, there was a judgment in a copyright case involving duvet cover decorations and another on registered and unregistered design rights for baby baths.
A host of judgments and opinions published by the CJEU included an Advocate General Opinion on third party liability for shipping trade mark infringing goods (Coty v Amazon), a decision on bad faith (Outsource Professional Services v Flatworld Solutions/EUIPO), an opinion on the assessing trade mark similarity (EUIPO v Equivalenza Manufactory SL) and a decision on jurisdiction of national courts in RCD cases.
While there are no Brexit developments as such to report this month, there have been moves regarding the UPC, namely the publication of a report by the European Parliament on the UPC and Brexit, an interview with a judge of the German Constitutional Court and an interview with the Chair of the UPC Preparatory Committee.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.