The following IP practice note Produced in partnership with Baker McKenzie LLP provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.
IP rights are critical for all businesses to protect the development of new products and to create a brand in the market. Generally, IP rights apply to all business sectors equally and it is possible for businesses in very different markets to obtain IP right protection. While the underlying tests for the protection and enforcement of IP rights is broadly the same, in recent years luxury products have been drawn out as potentially having a greater level of protection due to the prestige and reputation that is attributed to such brands.
It is difficult to define what constitutes a 'luxury' brand over and above 'normal' branded products. The courts have considered cases in respect of a variety of IP rights which feature what are described as 'luxury' brands but there is no formal judicial definition. The courts have often considered the position on a case by case basis and have taken the view that they will know a luxury brand when they see it but not necessarily
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