Intellectual Property 2022 - A Year in Review

Introduction

What’s new in intellectual property at the moment?

This new virtual classroom seminar will look at copyright cases where the law is potentially being extended creatively.

On the trade mark side, the session will examine the winning and losing strategies in several cases.

It will also consider where liability falls when infringements are offered on digital platforms.

The session will also bring you up to speed on recent government consultations, and the latest in the Supreme Court.

The session will not focus on patent case law but will provide an update on the Unified Patent Court, which is important for general awareness.

It is suitable for lawyers with some knowledge and experience of IP practice, looking for an update on case law and legislation that you may have missed over the past few months, including latest developments.

What You Will Learn

This live and interactive session will cover the following:

• Copyright and passing off - the Only Fools and Horses tribute show and creation of character rights
• Copyright in industrial designs - works of artistic craftsmanship: Waterrower v Liking
• Trade mark defences - what amounts to acquiescence? HEITEC case in the CJEU
• Trade mark validity - wordless version of device mark: Lidl v Tesco
• Trade mark tactics - concealed acquisition of earlier mark: ABP Technology v Voyetra Turtle Beach
• Colour marks - Nestle v Cadburys: successful descriptive wording for purple registration
• Trade mark reputation grounds - successful opposition despite no likelihood of confusion: Monster v Red Bull
• Trade mark prefix family - honest concurrent use, lack of genuine use, res judicata: easyGroup v Nuclei
• Online platform liability and targeting - Lifestyle Equities v Amazon reversed in the Court of Appeal
• App store liability for 3rd party trade mark infringement - Swatch v Samsung; compare AG’s opinion in Louboutin v Amazon
• Wrongful YouTube takedown - causing loss by unlawful means: Costa v Dissociadid
• Unjustified threats and online takedowns - Shenzhen Carku v The Noco Company
• Supreme Court watch list - Lifestyle Equities v Ahmed (extent of directors’ joint liability); Sky v Skykick; Thaler v Comptroller-General of Patents, Designs and Trade Marks
• Post-Brexit design rights - UK government report on its call for views
• Artificial intelligence - government proposals including text and data mining exception
• The Unified Patents Court - opening for business soon

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.