Predicting the future is a fool’s game at the best of times, but in the current turbulent and fast-changing world it is perhaps even more so. Nevertheless, let’s try and use the patent system as a crystal ball in an attempt to at least see the directions that the automotive sector are heading in.
Insights: December 2019
“Possibly the least poetic reason to ever make some art” – Banksy and the Gross Domestic Product Store
October 2019 saw the opening (and closing) of graffiti artist Banksy’s pop–up shop, Gross Domestic Product, in Croydon. According to the artist, the main motivation behind the opening of the store was, “possibly the least poetic reason to ever make some art” – a trade mark dispute.
A recent decision of the General Court provides a useful review of the requirements for proving genuine use of a mark, and also shows that use of a mark in a single Member State of the EU may be sufficient to prove genuine use of an EUTM. This has been the subject of some controversy over the years, with many cases demonstrating that even quite substantial use in a single Member State will not necessarily be sufficient where an EUTM is concerned.
The Midlands and the North and chunks of Wales have voted Conservative, Boris has a “stonking” majority, and the UK will leave the EU in January. So is this the death knell for invention and innovation in the UK? Should academics, and researchers, and developers (and patent attorneys) seek alternative employment? Should we all, perhaps feeling a little doomsterish or gloomsterish, take to our beds for the next five years to sleep through it all? We suggest not.
HMRC has released a report with updated statistics on the uptake of the Patent Box, showing that the value of tax relief claimed under the Patent Box continues to increase year on year, with over £1 billion of tax relief claimed by companies in 2016-2017.
A recent decision of the UK IPO in opposition proceedings illustrates the need to be able to supply appropriate and adequate evidence of use if an Opponent relies on an earlier right which has been registered for more than 5 years. It also serves as a reminder that you will not be awarded costs even if you are the winning party, unless you actually ask for them!