High Court: Intellectual Property Enterprise Court judgments, 2021

Patent claims must be construed through the eyes of the skilled team and in light of the common general knowledge. An indefinite reference to control for “a…

A composite sign containing a registered word mark is not identical to that mark where the additional elements form part of the sign perceived by the average…

In determining a consequential authorship credit, the court should make an overall merits-based assessment directed to the fairest and most accurate reflection…

A judgment handed down remotely under the Covid-19 Protocol is a hearing for the purposes of applying for permission to appeal. The relevant hearing is the…

Interest on damages compensates the claimant for being kept out of money that ought to have been paid. It is not compensation for the underlying damage. The…

In a patent action, an alleged prior use anticipates an invention if the invention was made available to the public and a skilled observer could have obtained…

In a copyright damages inquiry, loss of an opportunity must be proved as caused by the infringement. The claimant must establish a real, substantial…

A patent claim must first be construed purposively in accordance with its ordinary meaning in context. The court must then ask whether a variant which does not…

For an unregistered sign to support a passing-off claim or invalidate a trade mark, the claimant must show goodwill associated with the sign as a badge of…

Whether a copyright work is made by an employee in the course of employment under Copyright, Designs and Patents Act 1988, section 11(2), requires a…

An XML schema defining the structure and validation rules for application files may form part of a software development system, even where it is implicit in…

Under Trade Marks Act 1994 section 12(2), exhaustion does not prevent a trade mark proprietor from opposing further commercialisation where product alterations…

A trade mark registration is not deceptive under the absolute-ground provisions merely because consumers may be confused about which undertaking uses the mark.…