This week on MIP: Deadline blunder puts Nestlé TM at risk, Rouse eyes Qantm IP
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This week on MIP: Deadline blunder puts Nestlé TM at risk, Rouse eyes Qantm IP

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We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

European Parliament backs SEP reform

The European Parliament voted in favour of the European Commission’s plan to overhaul the framework for standard-essential patents on Wednesday, February 28.

Under the rules, the EUIPO, which is responsible for EU trademarks and designs, would operate a public register of SEPs, test their essentiality, and determine fair, reasonable, and non-discriminatory royalties for implementers to pay patent owners. SEP owners would be barred from enforcing their patents in court while the EUIPO-led process, mooted to take nine months, is ongoing.

The final vote was 454 in favour and 83 against, with 78 abstentions.

To read the full article click here.

Exclusive: Law firm deadline mishap puts Nestlé trademark at risk

Nestlé risks losing the UK trademark for its ‘Crunch’ chocolate bar after law firm CMS, the multinational’s external adviser, missed the deadline for filing a counterstatement to a revocation action.

In a letter to the firm from the UKIPO, and seen by Managing IP, the office said: “The registry is minded to treat the proprietor [Nestlé] as not opposing the application for revocation and revoke the registration as no defence has been filed within the prescribed period.”

To read the full article, click here.

Rouse sets sight on acquiring Australia’s Qantm IP

Rouse has proposed to acquire Qantm IP, a listed company that owns several IP businesses across Australia, New Zealand, and Asia.

Qantm, in an announcement on the Australian Securities Exchange on Tuesday, February 27, said that Rouse wants to buy all shares in the company.

To read the full article click here.

Other articles published on Managing IP this week include:

Pan-European practice: Hogan Lovells leads for the defence at UPC

Why Marks & Clerk Singapore is betting on Chinese clients

Weekly take: Law firm’s deadline gaff reminder to tread carefully

Five minutes with…Hayleigh Bosher, Brunel University London

Lippes Mathias adds four-strong team in New York

Behind the case: How Anand & Anand helped Vifor set patent precedent

New Squire Patton Boggs partner to draw on in-house experience

Fish & Richardson’s life sciences focus leads to double hire

Elsewhere in IP

Cheers M&S!

UK retailer M&S has fended off an appeal brought by German supermarket Aldi concerning the design of a Christmas gin bottle.

In a ruling handed down on Tuesday, February 27, the England and Wales Court of Appeal, upheld an earlier High Court ruling that Aldi had infringed M&S's rights.

The CoA decision reaffirmed that the bottle for Aldi’s Infusionist gin infringed M&S’s registered designs for its ‘Light Up’ gin range. Stobbs acted for M&S while Aldi was represented by Freeths.

UPC reprieve

The Court of Appeal of the Unified Patent Court overturned a preliminary injunction against NanoString Technologies on Monday, February 26.

In September last year, 10x Genomics won the first full preliminary injunction hearing at the court. That ruling meant NanoString could not sell its allegedly infringing products in 17 European countries. However, the CoA’s decision to overturn that ruling paves the way for NanoString to re-enter the European market.

NanoString was represented by Bird & Bird while Bardehle Pagenberg acted for 10x Genomics.

EUIPO win

The Court of Justice of the European Union backed an appeal filed by the EUIPO on Tuesday, February 27, in EUIPO v The KaiKai Company Jaeger Wichmann.

The case concerned the conditions under which the owner of an international application made under the Patent Cooperation Treaty (PCT) can claim priority for a subsequent Registered Community Design (RCD) application. The CJEU confirmed that the priority right can only be claimed if the earlier PCT-international application concerned a utility model (not a patent), and the RCD application was filed within six months of the earlier PCT application.

German firm Zimmerman & Partner acted for KaiKai while the EUIPO was represented by its in-house team.

Gowling in space

Law firm Gowling WLG launched an online brand protection service called Saturn, on Tuesday, February 27. According to the firm, Saturn can perform global searches, provide reports, and issue takedowns. The service is co-ordinated by the firm’s IP lawyers, and can also deal with fake webshops, infringing domain names, and brand enforcement on social media.

A&O hire

Allen & Overy announced on Monday, February 26, that it had hired Gemma Barrett as a partner specialising in life sciences. She previously worked at Bristows.

Barrett has more than a decade of experience working for some of the world’s leading life sciences and chemical companies, providing strategic advice on litigating patents before the UK courts.

That's it for today, see you again next week.

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