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Clare Matheson

Posts by Clare Matheson

UK implements the Trade Mark Directive

The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law. The UKIPO has also published guidance on the practical effect of the Regulation (available here). Below we set

UK Treasury to get a grip on public sector IP

Just before Christmas the UK government announced the launch of a study looking at how the public sector’s strong record of developing valuable technology can benefit as many people as possible. This is the government’s first step in taking forward the plans set out in its October 2018 report – “Getting smart about intellectual property

Brexit: UK Cabinet backs the Withdrawal Agreement – but what does it say about IP?

Last night the UK Cabinet backed the Withdrawal Agreement and Political Declaration on the Future Relationship agreed between the respective negotiating teams of the UK Government and the EU Commission. The Withdrawal Agreement covers the protection of existing unitary intellectual property rights in Articles 54 to 61. The detail has not changed in any material

UPDATE: UK Government comments on Draft EU Withdrawal Agreement

On 19 March the EU and the UK agreed the terms of a Brexit transition period ending on 31 December 2020. An updated colour-coded version of the EU’s Draft Withdrawal Agreement was published by the negotiators indicating which articles are provisionally agreed (highlighted in green), agreed from a policy perspective but subject to the drafting

European Commission paper on Brexit and IP

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the UK regarding Intellectual Property Rights (“IPR“). The Commission has set up a Taskforce on Article 50 negotiations with the United Kingdom to prepare the

UK Supreme Court case: criminal sanctions for trade mark infringement

R v M; R v C and R v T The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit goods. The Supreme Court’s judgment, handed down last week, is