Defamation

Could we…and would we..? UK CoA confirms that it is bound by previous precedent on second medical use SPCs

Life Sciences analysis: The UK Court of Appeal (CoA) handed down its decision in the much-awaited Merck Serono v Comptroller-General of Patents case on 28 January 2025. Not only did the three-judge bench of LJs Lewison, Arnold and Birss confirm that the court could not deviate from previous binding (UK) precedent on second medical use Supplementary Protection Certificates (SPCs), the court also noted that even if it could deviate from its own previous case law, it would not choose to do so in this case. Priyanka Madan, senior associate and specialist in SPC and pharmaceutical regulatory issues at Herbert Smith Freehills LLP, discusses the judgment.

Dua Lipa beats claim 'Levitating' ripped off 1979 disco song

Law360: Grammy-winning singer Dua Lipa's chart-topping song 'Levitating' did not infringe a 1979 disco song, a New York federal judge ruled on 27 March 2025, saying a combination of a descending chord progression and musical note in the older work was not protectable under copyright law.

Court of Appeal upholds appeal in relation to infringement of lemon cider trade mark (Thatchers v Aldi)

IP analysis: This dispute concerns Thatchers’ claim that the UK trade mark registration for its lemon cider packaging was infringed by Aldi’s rival lemon cider product. The trade mark infringement claim was dismissed by the IPEC, but the Court of Appeal upheld Thatchers’ appeal based on section 10(3) of the Trade Marks Act 1994 (TMA 1994), holding that this was a classic ‘transfer of image’ case. The implication for brand owners if the case is not overturned by the Supreme Court is that protecting the packaging as well as the brand name of a product may make it easier to pursue copycats. Written by Milena Velikova, trade mark attorney at Lee & Thompson LLP.

IP weekly highlights—27 March 2025

This week’s edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.