Most of the substantive Raising the Bar amendments came into force today. Amongst other things, schedule 1 of the Raising the Bar Act introduced a raft of changes designed to raise the threshold of patentability – i.e., make it harder to get a patent. These include: introducing the really diligent searcher of prior art for obviousness via changes to s 7(3) so that it will be permissible to combine any piece of prior.. Read More
(Apparently) unlike its Australian counterpart, the High Court in England has reportedly found copyright in newspaper headlines (here and here). In a variation on the theme, the Court of Appeal has referred a number of questions to the Court of Justice relating to the originality of football fixtures, so may be some definitiveness and uniformity (at least in Europe) will emerge in due course.
Warren J has granted an interim injunction to Wasabi Frog restraining until trial the operation of an online clothing retailer. Wasabi Frog has traded since 2006 as an online retailer of young women’s fashion at Boo Hoo and Boohoo.com. It also has CTMs for BOO HOO, BOOHOO.COM and BOO. missboo.co.uk started up in September 2009 as an online retailer of women’s fashion, targetting the same demographic: 17 to 25 year olds. His Lordship.. Read More
In its last ever IP judgment, the House of Lords restored Matthew Fisher’s claim to a declaration that he owned 40% of the copyright in Whiter Shade of Pale, after the Court of Appeal found his claim barred by delay. IPKat has an extensive post and explanation. As summarised by IPKat, their Lordships focused on the fact that Mr Fisher was seeking a declaration and not an injunction. In doing so, they indicated.. Read More