Knowledge & Insights

In this issue, we cover the following:

COPYRIGHT

The taste of food not protected under EU copyright law – for now

The Court of Justice of the European Union rules that the taste of food is not protected by copyright given the lack of precision and objectivity with which taste can be identified using current scientific means.

Levola Hengelo BV v Smilde Foods BV (Court of Justice of the European Union), C-310/17, ECLI:EU:C:2018:899 (13 November 2018)

The Court of Justice of the European Union confirms that a copyright owner’s exclusive distribution right can be violated by the storage and intended distribution of infringing goods

The Court of Justice of the European Union rules that Article 4(1) of the EU Directive 2001/29/EC, which provides for exclusivity of distribution rights for copyright holders, can be infringed by the storage of goods bearing motifs protected by copyright by a retailer, when the retailer offers such goods for sale without the authorisation of the copyright holder

Criminal Proceedings against Imran Syed (Court of Justice of the European Union), Case C-572/17, ECLI:EU:C:2018:1033 (19 December 2018)

TRADE MARKS

Guess the opposition failed?

The viewpoint of the average consumer must be assumed in the assessment of similarity between marks. A relatively simplistic geometric shape in a trade mark may be taken by an average consumer as a decorative element, rather than bearing any trade mark significance

Guess?, Inc v Jen, Chi [2019] SGIPOS 3 (20 February 2019)

“LOVE” and “GOLD” glitter in opposition action

French jewellery company unsuccessful in opposition action against application to register “LOVE GOLD” composite mark in Singapore

Cartier International AG v MoneyMax Jewellery Pte. Ltd. [2018] SGIPOS 22 (20 December 2018)

PATENTS

UK Supreme Court rules on the test of sufficiency and infringement for second medical use patents

The UK Supreme Court clarified the test of sufficiency for second medical use “Swiss-style” patents and declared the patentee’s patent invalid for lack of sufficiency

Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and another [2018] UKSC 56 (14 November 2018)

To discuss the possible implications of this for your business, please contact:

LAM Chung Nian
Head – Intellectual Property, Technology and Media,
Telecommunications and Data Protection Practices
d +65 6416 8271
e chungnian.lam@wongpartnership.com
Click here to see Chung Nian's CV.

Kylie PEH
Partner – Intellectual Property, Technology and Media,
Telecommunications and Data Protection Practices
d +65 6416 8259
e kylie.peh@wongpartnership.com
Click here to see Kylie's CV.