Intellectual Property

Intellectual Property Development - Is It Possible to Trade Mark a Store Layout?
A recent judgment from the European Court of Justice has held that it may be possible to trade mark the layout of a retail store in Europe. The case was taken by Apple who already have a successful US trade mark for a 3D colour representation of its store for services within Class 35 of the Nice Agreement with the accompanying description of ‘the distinctive design and layout of a retail store.’ When Apple tried to extend this trade mark abroad, they encountered difficulties in Germany where the German IP authorities refused the application on grounds that it was not sufficiently...
Review of UK Intellectual Property and Growth - The Hargreaves Report
Ian Hargreaves has recently produced a report, which was commissioned by the Prime Minister in November 2010, concerning a review of UK Intellectual Property laws.  There was concern that the current statutory framework actually was obstructing growth and innovation.  The report, entitled “Digital Opportunity, A review of Intellectual Property and Growth,” states that copyright law, especially, is falling behind what is needed.  The Report made 10 recommendations to the Government, which include the following: Government should ensure that development of the IP...