'Designs & copyright'

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Online filing for design and trade mark notices of appeal at EUIPO

Date: 26/04/2017

The European Union Intellectual Property Office has launched a new tool called eAppeal, by which it is now possible to file notices of appeals in respect of design and trade mark decisions online.

The new eAppeal form can be accessed directly through the EUIPO website user area, and information explaining how to fill in and send the eAppeal form (including a webinar) can be found via this link

Michael Lindsey, Geldards LLP, Design and Copyright Working Group Chair

Minister gives green light to Hague

Date: 10/04/2017

The UK will ratify and join the Hague Agreement for international design registrations in 2018 the Minister for Intellectual Property announced in Parliament recently.

The announcement came last week during a written statement by Jo Johnson MP on the performance targets for the Intellectual Property Office, 2017 – 2018.

He said: “We will have ratified the Geneva Act of the Hague Agreement for international registration of designs by 31st March 2018 and be in a position to launch ...

Unjustified Threats Bill awaits royal assent

Date: 10/04/2017

The Intellectual Property (Unjustified Threats) Bill has passed the report stage and third reading, and is now awaiting Royal Assent.

Below, Design and Copyright Working Group member Simon Miles (Edwin Coe LLP) looks at the changes to the law which the Bill will bring about when it comes into force.

Unjustified threats bill

UK law provides a statutory right of redress against unjustified (or groundless) threats to sue for infringement of a patent, trade mark or design right. Threats to sue ...

Even more important for UK to accede to Hague, says David Stone

Date: 23/03/2017

“Brexit makes it even more important for the UK to accede to the Hague agreement,” David Stone told delegates at our recent Spring Conference in London.

David Stone, a Partner at Allen and Overy, outlined the benefits to the UK of joining the Hague System for registering designs. Without Hague, UK businesses could lose access to file registered community designs directly.

The Hague System, administered by the World Intellectual Property Organization (WIPO), is a way of filing a ...

UK registered designs examination practice guide

Date: 20/03/2017

The Intellectual Property Office (IPO) has published a guide to UK registered design examination practice.

It provides information as to how design applications are examined in respect of national applications filed at the IPO. It’s main aim is to ensure consistency of approach in respect of decisions made by the Registrar of Designs, and to provide guidance on practice and procedures for third parties looking to use the IPO’s registration service.

Click here to view the guide

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Trade mark and design hearing diaries now available

Date: 20/02/2017

The Intellectual Property Office (IPO) has published a new page on its website with details of upcoming design and trade mark hearings, appeals to the Appointed Person and procedural hearings. 

Click here to view the page

Michael Lindsey, Geldards LLP, Design and Copyright Working Group Chair

New EU design invalidity guidelines

Date: 13/01/2017

The European Union Intellectual Property Officer (EUIPO) has adopted new guidelines on the examination of design invalidity applications. 

On 12 December 2016, EUIPO issued a decision on the adoption of guidelines for the examination of registered Community design invalidity applications. The decision will come into force on 1st February 2017.

Click here to view the guidelines

Michael Lindsey, Geldards LLP, Design and Copyright Working Group Chair

Updated government guidance on repeal of Section 52 CDPA

Date: 12/10/2016

The Government has updated its Guidance on the repeal of section 52 CDPA. It is a document aimed at businesses, organisations and individuals affected by the repeal, and covers the interests of those who may wish to exploit works in which revived copyright might subsist, as well as those who may own such rights.

Amongst other things it looks at the various cases where the concept of “artistic craftsmanship” has been considered, for the purpose of considering whether a work is an ...

Enhancements to the IPO's designs service

Date: 30/08/2016

The IPO has published details of changes to its designs service, which will take effect from 5 September 2016.

The enhancements include a new style Journal, which will display a design 24 hours after its registration - compared with the current update every three weeks - and a new style search using a design number only.

Click here for full details

Michael Lindsey, Geldards LLP, Design and Copyright working group chair

Digital Economy Bill - intellectual property

Date: 30/08/2016

The Digital Economy Bill 2016-17, which if passed will increase the maximum penalty for online copyright offences from two to ten years, had its first reading in the House of Commons on 5 July 2016.

As well as the increase in penalty for online copyright offences it will also enable registered design owners to give notice of their registered designs by marking products with a website address where details of the registrations can be found.

MPs will next consider the Bill at Second ...

Artistic works come back into copyright

Date: 29/07/2016

Some artistic work previously out of copyright is protected once again following the repeal of Section 52 of the Copyright Designs and Patents Act 1988 by the Enterprise and Regulatory Reform Act 2013.

Coming into force this week (28 July 2016), ‘artistic works’ over 25 years old that have been industrially produced, including items like furniture and sculptures, will not be able to be copied without agreement from the original designer once again.

Under Section 52 artistic works ...

Government responds to proposed changes in design fees

Date: 10/06/2016

The cost to register designs in the UK is coming down, with the proposed changes likely to come into effect from October 2016. 

ITMA submitted a response to the original proposals, and the Government has recently published its official response to the ‘Proposal for Changes to Registered Design Fees’. 

In its latest publication the Government said it will “take steps to amend the relevant UK designs legislation at the next suitable opportunity so as to change the ...

EU copyright consultations

Date: 08/06/2016

The European Commission is currently conducting public consultations on two aspects of EU copyright law, namely whether there should be an EU “neighbouring right” for publishers, as well as the operation of the “panorama exception” across the EU, which allows people to photograph or film certain publicly located artistic works, without infringing copyright in them.

The Commission website says: “Have your say on the possible extension to publishers of the ...

IPO publishes guidance on registered designs post-Trunki

Date: 01/06/2016

The UK Intellectual Property Office (IPO) has today (1 June) published guidance on filing UK registered designs following the Supreme Court decision on the Trunki suitcase.

There were a number of issues discussed by the Supreme Court during the Trunki judgement, not all of which were answered. Many of these were left for the registries, such as the IPO, to determine as they related to filing practice rather than how the law should be interpreted.

The note gives advice for designers, ...

Convergence on graphic representation of designs

Date: 05/05/2016

The IPO has recently published on its website the ‘Common communication on graphic representation of designs’ issued by the European Trade Mark and Design Network.

The ‘common communication’ relates to the convergence work carried out by the EUIPO and the national offices in the EU on graphic representations for designs. The communication provides very helpful guidance on topics such as dealing with disclaimers, different types of views and neutral backgrounds and ...

Design rights infringement survey

Date: 05/05/2016

The School of Creative Arts at the University of Hertfordshire has been engaged by the IPO to carry out a survey to assess the impact of design right infringement on UK businesses. It is hoped that the results will help inform the development of policy regarding design rights in the UK.

If you have a client or clients who would like to participate in the survey it can be found here. The deadline for responses is 20 May 2016.

Michael Lindsey, Geldards LLP, Design and Copyright Working ...

Trunki loses at the Supreme Court: practical guidance for designers

Date: 09/03/2016

The Supreme Court has today (9 March) handed down its judgment, unanimously upholding the Court of Appeal's decision: PMS did not infringe Trunki's registered design. This article offers practical guidance on what the decision means for designers, and also looks at the judgment itself in detail.

If you are interested in learning more about this judgment and its implications, John Coldham is chairing an event organised by ITMA on 27 April, in his capacity as a member of the Designs and ...

UK proposes slashing national registered design fees

Date: 08/01/2016

The UK Government has launched a consultation on significantly reduced filing and renewal fees for national UK registered designs.

Under the proposals, additional designs after the first on an application could be as low as £2 per design. This could result in huge savings for designers, and encourage them to consider filing multiple designs for different parts of the same product, thereby increasing the chances of catching a competitor which has launched a product that only ...