The General Court of the European Union has issued a collection of decisions relating to a dispute over the ownership of the name of the English rock band Deep Purple between two of its founding members.
The importance of trade mark protection cannot be overstated. A recent example of this is the opposition that was filed by Leicester City Football Club (Leicester FC) against the Leeds City Football Club’s (Leeds FC) trade mark application.
A good trade mark should be easy to recognise and enforce, whilst a bad trade mark could in a worst-case scenario lead to a legal dispute and unnecessary cost being incurred.
In the competitive world of the biosciences, third party patent rights (TPRs) can stand in the way of a planned course of action, even after significant investment has been made. Knowledge of such rights and potential rights at an early stage is invaluable.
Katherine Wright, pharmaceutical patent attorney, comments on the risks of filing a patent application too early as recently highlighted in Regeneron v Kymab & Novo Nordisk.
In the recent decision, T1665/16, the Boards of Appeal discussed the ability of a third party to intervene at the appeal stage and, in doing so, introduce new prior art documents into the proceedings that would be inadmissible if they had been filed by an opponent already party to the proceedings.