Generation III meaning

Oatly AB v Dairy UK Ltd [2023] EWHC 3204 (Ch) What was the background? In November 2019, Oatly AB (‘Oatly’) lodged an application for the word trade mark POST MILK GENERATION for goods in classes 29, 30 and 32, namely oat-based products. During examination, the IPO found the mark to be inherently registrable, considering it distinctive rather than descriptive. After registration, Dairy UK filed for a declaration of invalidity, including under TMA 1994, s 3(4). That provision prevents registration where use is prohibited by law, in this instance Article 78(2) and Part III of Annex VII of Regulation (EU) 1308/2013 (the EU Regulation), which provides that the term ‘milk’ cannot be used as ‘definitions, designations or sales descriptions’ for products that are not mammary secretions. The Hearing Officer upheld the objection, taking the view that the EU Regulation is aimed at capturing the marketing of non-dairy products and concluding that, because the trade mark features the word ‘milk’ and is registered for non-dairy goods, it fell foul of the...

Background Dairy UK Ltd (Respondent) v Oatly AB (Appellant) [2026] UKSC 4. The appellant, Oatly AB (Oatly), a Swedish enterprise, manufactures and markets oat-derived foods and beverages as substitutes for dairy. The respondent, Dairy UK Ltd (Dairy), is the representative trade body for the UK dairy sector. In April 2021, Oatly secured registration of the trade mark ‘POST MILK GENERATION’ for specified classes of goods. The question on appeal concerned whether that mark was valid for oat-based food and drink items. In November 2021, Dairy sought a declaration of invalidity relying on section 3(4) of the Trade Marks Act 1994 (TMA 1994), which bars the registration of any trade mark where its use is prohibited in the UK by any enactment or rule of law other than trade mark law. Dairy contended that the Regulation creating a common organisation of the markets in agricultural products imposed such a prohibition. After Brexit, that Regulation became ‘assimilated law’ and, subject to minor later amendments, continues to operate within UK domestic law....

In this issue: Patents Trade marks/passing off Copyright Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Patents AI machines cannot be inventors under the UK Patents Act (Thaler v Comptroller-General) An appeal to the Supreme Court in Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49 concerned two UK patent applications that had been personally submitted by the appellant, Dr Thaler. When lodging those applications, he identified an artificial intelligence (AI) system he owns, called DABUS, as the inventor. The court was asked to decide three principal questions: (i) whether the term ‘inventor’ in the Patents Act 1977 (PA 1977) extends to AI systems; (ii) whether the owner of an AI system would be the owner of any invention it devises; and (iii) whether the Hearing Officer for the Comptroller was entitled to determine that the two applications should be treated as withdrawn. The...

This Practice Note explains when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies. In summary: the HGCRA 1996 extends to construction contracts what amounts to a construction contract is set out in HGCRA 1996, s 104 a construction contract concerns construction operations as defined in HGCRA 1996, s 105 a construction contract must contain specified terms dealing with adjudication and payment for hybrid agreements (ie covering construction operations alongside other matters), the HGCRA 1996 applies only to the construction operations the mandatory provisions are disapplied for contracts with residential occupiers for contracts made before 1 October 2011, the HGCRA 1996 only applied where the contract was in writing Significance of contract being a construction contract Statutory adjudication Parties have a mandatory right to adjudicate under the HGCRA 1996 only if the relevant agreement is a construction contract (as defined by HGCRA 1996, s 104). Where an agreement is a construction contract, it...

Urban wastewater is a major driver of water contamination, frequently carrying bacteria, viruses, hazardous chemicals including micropollutants, and surplus nutrients. When released without treatment, these pollutants can threaten human health and harm ecosystems in rivers, lakes and coastal waters... Background to the original Urban Wastewater Treatment Directive (Directive 91/271/EEC) The original Urban Wastewater Treatment Directive (91/271/EEC) took effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, along with the monitoring, treatment and discharge of wastewater from specific industrial sectors listed in Annex III. Milk processing Meat and fish processing Manufacturing of fruit and vegetable products Manufacturing and bottling of soft drinks Etc. Its objective was to protect the environment from the negative impacts of these discharges. A 2019 evaluation concluded the Directive had boosted wastewater collection and treatment across the EU, yet determined that a thorough overhaul was necessary to tackle existing and emerging pollution (such as pharmaceuticals and...