Contents
2
2
Everything’s awesome
for Lego following court
triumph
3
Where do the
boundaries lie?
Genuine use in the
European Community
4-5
No hiding place for
IP infringers
Right to disclosure in
intellectual property
infringement proceedings
6-7
Boxing clever
An update on Patent Box
8-10
The great patent
giveaway
Big names driven by altruism?
11
Patent medicines?
Are doctors’ prescribing
practices influenced by
patents?
12-13
Wrong diagnosis:
The end for biodiagnostic
patenting in the US?
14-15
China update
Taking significant strides
to improve its intellectual
property
16
Sheffield office
relocation
IP review
autumn
2015
Everything’s awesome
for Lego following court triumph
The Court of Justice of the EU has recently ruled that the shape of
the famous Lego man is still a protected trade mark, after a rival firm
challenged its trade mark registration for the figure.
The ruling comes as a welcome success for Lego, following a
previous decision of the CJEU (in 2010) that its eight-stud bricks
were purely functional, and not distinctive enough to qualify
for trade mark protection.
The ruling will provide Lego with a huge amount of
protection, since rival companies will be prohibited from
producing similarly-shaped figures. Provided that it renews
its trade mark registration regularly, Lego will benefit from
this protection indefinitely.
As the trade mark registration covers a wide range of
goods, including construction kits, computer games
and other merchandise, Lego will have considerable
enforcement rights across a wide range of categories
of product.
This case clearly demonstrates the potential power
and value of 3D shape trade marks from a commercial
perspective, as Lego now has a potentially never-ending
monopoly over the Lego man shape.
To find out more
contact Dominic Murphy
Welcome to the latest
edition of IP Review
The intellectual property landscape is constantly changing, as law
and practice change around the world and IP owners find creative
new ways to use their rights to support their businesses.
In this issue we report on some
interesting developments, including
a wave of altruism that has swept
over some of the world’s best-
known companies in recent times,
changes in US practice that affect
the patentability of biodiagnostics,
and recent developments in China
to strengthen its IP regime.
Closer to home, we report on
forthcoming changes to the UK
Patent Box scheme, and discuss
some important recent decisions
on trade marks.
Within W&R there have also
been some developments, as our
Sheffield office has moved to bigger
and better new premises to cope
with continued growth there.
I hope that you enjoy the issue.
Matthew Howell
Editor
