IP Annual Review 2017

IP Annual Review: Brands, Designs & Copyright

Issue
Trade Marks

Trade Marks

A particular focus in 2017 was on non-traditional brands and what is needed for them to be registrable, from the EU IP Office opening up the prospects of new types of marks, through to Court decisions assessing shapes such as KitKat bars and London taxis, and colours such as those used by Red Bull. A number of cases have also considered issues of use in relation to infringement.

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Copyright and designs

Copyright and designs

The Courts continue to assess the boundaries of copyright protection, with the European Court of Justice continuing its expansive interpretation of when copyright works may be communicated to the public and the UK courts demonstrating its innovative approach to remedies such as website blocking orders.

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IP law and reform

IP law and reform

The main IP law development in 2017 was the new regime relating to unjustified threats of IP infringement which has made it much easier for trade mark and design owners to seek to enforce their rights. 2018 will see a number of legislative initiatives under the spotlight, including the hotly-debated Digital Single Market copyright proposals.

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