http://ipkitten.blogspot.com/2022/02/never-too-late-if-you-missed-ipkat-last.html
Whilst Asia has been rather dormant in the IP field this past week due to the Chinese New Year holidays, there have been a number of developments on the European side:-
| The Dragon Kat |
Designs
The UK IPO is carrying out a Call for Views on that country’s design system. This is an invaluable opportunity for practitioners, academics, and IP owners to contribute their opinions. The deadline for responses is 25 March 2022. A summary of the Call for Views can be found in SpecialKat Hayleigh Bosher’s post here.
Patents
For those who have been following the Neurim v Mylan saga, the High Court of England and Wales gave Neurim a new chance at obtaining injunctive relief against Mylan several months ago by agreeing that Neurim could have an expediated preliminary issue trial. GuestKat Frantzeska Papadopoulou reported on the Court’s most recent ruling on the preliminary issues of the case.
Enforcement
Apart from carrying out a Call for Views on the current design system, the UK IPO also published a new Intellectual Property Counter-Infringement Strategy. It sets out how the UK Government will address IP crime and infringement over the next five years. SpecialKat Hayleigh provided a helpful summary here.
On a related note, GuestKat Jan Jacobi reported on the European Commission’s announcement that it would establish an EU Toolbox against counterfeiting as part of the EU Strategy to tackle Organised Crime 2021 – 2025.
GuestKat Jan also analyzed a recent case before a Polish Court whereby a referral was made to the Court of Justice of the European Union (“CJEU”) on the right of information under the Enforcement Directive (Directive 2004/48/EC). In particular, the key issue is whether that right can be invoked when the claimant has not yet proven that it can rely on a valid IP right.
Other
Content and service aggregation in the software and application industry may raise concerns relating to the balance of interests between the makers of databases and the aggregators. Katfriend Hans Eriksson commented on a recent Swedish decision (Parkster AB. / Parkamo GmbH), which applied the guidelines set out in the recent CJEU ruling in C-762/19 CV-Online Latvia.
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