The increasing ability of computers to learn, identify complex patterns and empower humans to make better decisions creates a huge social and economic opportunity. Organisations are using artificial intelligence (AI) to become more efficient and to tackle previously insurmountable prob­lems like climate change and disease. The AI revolution will have an impact across the whole of society, with AI serving as a powerful tool for the people and the organizations that have access to it. As a society, we do have the opportunity to tackle some of society’s most pressing issues. AI and data present us with that opportunity.  

This year has been an interesting one for trade marks. The boom in online trade, and the need to put our everyday lives on hold, has meant that trade marks are as important as ever.

Courts and Tribunals

The Courts – the beating heart of the law - have not stopped moving in 2021 as the pandemic continues. For the most part cases have continued, with the IP courts and the lawyers that serve them working together to keep momentum, hopefully minimising the backlog reported in other areas of the law. Litigation in general has become electronic-first, and even full trial hearings have moved online.  

If you work in an industry that uses Intellectual Property of any kind, it’s probable that you have heard of the TRIPS waiver proposals. If you read newspapers or news websites, it’s probable that you have heard of the TRIPS waiver proposals. If you are generally interested in the COVID-19 response and concerned about global access to vaccinations and when the pandemic may be brought under control then it’s also probable that you have heard of the TRIPS waiver proposals! This article aims to explain what TRIPS is, what the waiver proposals are, and the likely timelines for discussion and implementation. It can be a deeply divisive topic and so we will refrain from opinion and restrict ourselves to the facts.

One of the IP Federation’s chief lobbying tools is its policy papers. These are all available on the website at: www.ipfederation.com The policy papers on the website represent the views of the innovative and influen­tial com­panies that are members of the Federation. Members are con­sulted on their views and opinions and encouraged to debate and explore issues of practice and policy. Only after consensus is achieved are external bodies informed of the col­lective views of industry via the Federation.

2020 has been another turbulent year for the long-troubled European unitary patent and associated Unified Patent Court (UPC), yet progress appears to be being made. In January 2020, the European Patent Office stated that it was ready to register unitary patents. The UPC Preparatory Committee was preparing for the UPC to open with final preparations (such as the recruitment of judges) dependent on certain provisions of the UPC Agreement (UPCA) coming into force early to provide the “provisional application phase” (PAP). All this in the context of a pending complaint to the German Federal Constitutional Court.

The pandemic has not undermined the continued engagement between the IP Federation and the European Patent Office (EPO) this year. Indeed, the frequency of meetings and the depth of dialogue has only increased as colleagues collaborate at short notice with ease through videoconferencing and email. For an organisation dependent on collaboration with its user community and hosting routine oral hearings on its premises, the disruption to travel this year has required a swift and flexible response by the EPO. We have been involved in guiding that approach from the very start including videoconference calls with the EPO president, António Campinos, and his senior leadership team on a regular basis. Coupled with our participation in EPO Standing Advisory Committee meetings on EPC Rules and EPO Guidelines, our contributions have been regular, consistent and constructive.

ISSN 2046-3049 Trends and Events is our annual publication in which the Federation reviews its previous year’s activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or controversy.

The cases fall into five themes: Colours and shapes, bad faith, targeting, parallel imports and cybersquatting.

Colours and shapes

Red Bull GmbH (supported by Marques) v EUIPO, Optimum Mark sp. z o.o. (CJEU; C-124/18; 29.07.19) The CJEU held that the combination of two colours was insufficiently clear and precise to be registered as a trade mark under Article 4 of Regulation 207/2009, despite the fact that the marks had been registered on the basis of acquired distinctiveness through use. Optimum applied to invalidate two of Red Bull’s marks. Both marks claimed protection for the colours blue and silver, the first in a ratio of “approx­imately 50%-50%” and the second “in equal proportion and juxtaposed to each other”.

One of the IP Federation’s chief lobbying tools is its policy papers. These are all available on the website at: www.ipfederation.com The policy papers on the website represent the views of the innovative and influen­tial com­panies that are members of the Federation. Members are con­sulted on their views and opinions and encouraged to debate and explore issues of practice and policy. Only after consensus is achieved are external bodies informed of the col­lective views of industry via the Federation.

ISSN 2046-3049 Trends and Events is our annual publication in which the Federation reviews its previous year’s activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or controversy.