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IP Annual Review: Trade Marks, Designs & Copyright

IP Annual Review: Trade Marks, Designs & Copyright

Editor's Note

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Editor's Note

Welcome to our annual review highlighting some of the significant trade mark, design and copyright cases and developments in the last 12 months.

Trade Marks

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Trade Marks

In recent years, we have seen a particular focus in the Courts on questions over registrability of non-traditional trade marks, and the same was true in 2018, with further developments in the KitKat shape case, the Cadbury’s colour purple dispute, and the Louboutin red sole.

Copyright and Designs

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Designs and Copyright

In a continuing trend, the CJEU has been busy with copyright issues in the last 12 months, with a number of important decisions due to be issued in 2019.

Brexit

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Brexit

With the Brexit process in a constant state of flux, the UK government pressed on in late 2018 and into 2019 with its task of publishing draft legislation setting out what will happen in the event of a ‘No Deal’, i.e., with the UK leaving the EU at the end of March 2019 without an agreement being reached.

Other developments

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Other developments

On 9 June 2018, the Trade Secrets Directive took effect, with the aim of harmonising trade secret protection across the EU, and increasing enforcement possibilities, thereby encouraging cross-border collaboration in research and development projects.

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