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UK and EU IP weekly update: res judicata on re-registered designs (Praesidiad v Zaun); AstraZeneca v Glenmark injunction; Trading Standards actions; DUA Bill - AI copyright; EU AI Act delay.

Published on: 12 June 2025

Published by a LexisNexis IP expert
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Designs

Res judicata and the protection of registered designs in the EU and UK post-Brexit (Praesidiad v Zaun)

The Court of Appeal has confirmed a High Court order striking out Zaun Ltd’s (Zaun) counterclaim attacking the validity of a Registered EU Design (REUD) and the parallel UK re‑registered design (UKRRD). Praesidiad Holding BVBA (Praesidiad), formerly Betafence and owner of the rights, had already prevailed on validity before the EU Intellectual Property Office (EUIPO) and the EU courts. The Court of Appeal found that Zaun’s renewed UK challenge was precluded by res judicata (a doctrine preventing the re‑litigation of claims or issues already determined by a competent court) and amounted to an abuse of process, notwithstanding the UK’s exit from the EU. The ruling underscores that EUIPO determinations, particularly where endorsed by the EU General Court, can continue to bind UK proceedings concerning post‑Brexit re‑registered rights. For rights holders, it confirms the ongoing value and enforceability of EU‑originating IP rights in the UK...

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