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Articles by Claire Dorse
Designs practice update: EU Court of Justice upholds Advocate General’s opinion on strict rules for design priority
09/04/2024 BackgroundIn our previous article (here), we discussed the opinion of Advocate General Capeta in EUIPO v The KaiKai Company Jaeger Wichmann. That opinion was provided following an appeal against the General Court’s ruling, which had held that the 12-month patent... Read more
All shapes and sizes - ‘Elvie’ breast pump registered designs not infringed by Tommee Tippee in-bra wearable breast pump
All shapes and sizes – ‘Elvie’ breast pump registered designs not infringed by Tommee Tippee in-bra wearable breast pump 09/10/2023 The High Court has handed down its judgment in a speedy trial in the case of Chiaro Technology Limited v Mayborn (UK) Limited. The court held that the defendant’s in-bra wearable breast pump did not infringe the claimant’s UK registered designs, as most of...
Designs practice update: Advocate General backs 6-month priority period for EU designs based on prior PCT application
Can a Community Design application claim priority from an earlier patent application – and if so, what is the applicable priority period? The recent opinion of Advocate General Capeta in EUIPO v The KaiKai Company Jaeger Wichmann has stated that: An application for an EU design (including a Community Design) can claim priority from a previous Patent Cooperation Treaty (PCT) application for the corresponding product, provided the PCT was not filed more than 6 months before the design.
Australian Patent Update: three key changes underway | Lexology
Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the Exposure Draft’s release, IP Australia received 18 submissions in response, including submissions from AusBiotech, Medicines Australia and the International Association for the Protection of Intellectual Property.
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