• Does the Irish Court of Appeal in Merck v Clonmel part ways from the CJEU’s Santen Article 3(d) decision?

    http://ipkitten.blogspot.com/2021/05/does-irish-court-of-appeal-in-merck-v.html Last year’s CJEU decision in Santen (C-673/18) was an usually clear judgment on a question that had dogged SPC case law for years: whether there are any circumstances in which an SPC may be based on a second marketing authorisation for a product. In Santen (C-673/18) the CJEU rejected its own previous... Continue reading

     
  • Keeping up with Dutch patent litigation: second half-year case law review 2020

    http://ipkitten.blogspot.com/2021/05/keeping-up-with-dutch-patent-litigation.html The DutchKat taking some timein her box to focus on just one thing – the latest half-year patent review (and her pink jingle ball) Last year the IPKat started a series recapping patent litigation in some of the major patent litigation jurisdictions in Europe (see reports from the Netherlands, Germany and... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2021/05/around-ip-blogs_16.html This Kat is ready for her close-up Another week, another voyage around the blogs. Copyright International obligations for criminal liability for copyright infringement were discussed from a New Zealand angle on the Kluwer Copyright Blog, especially in relation to whether Kim Dotcom (and others) should be extradited to the... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2021/05/sunday-surprises_16.html   It’s the weekend and this Kat would like to spoil you with some great news… Webinars It’s Sunday! To celebrate the publication of The Routledge Handbook of EU Copyright Law, edited by IFIM Director, Prof Eleonora Rosati, IFIM is delighted to host an online conference on 26 May... Continue reading

     
  • Never Too Late: if you missed The IPKat last week

    http://ipkitten.blogspot.com/2021/05/never-too-late-if-you-missed-ipkat-last_16.html Trade Marks Eleonora Rosati reported on a new CJEU referral concerning the role of intermediaries (in this case, online marketplaces) in trade mark infringement. The referral, initiated as part of a national infringement case in Belgium, asks the CJEU whether an online marketplace may be held directly liable for... Continue reading

     
  • IP Events at UIC Law: Inaugural IP Master Class Report & Upcoming Events

    http://ipkitten.blogspot.com/2021/05/ip-events-at-uic-school-of-law.html The AmeriKat has been somewhat preoccupied by her day job over the last few weeks, so is now starting to address her overflowing Kat-related mail tray. One such IP report was that of the virtual IP Master Class seminar held by UIC Law Center for Intellectual Property, Information, and... Continue reading

     
  • Shady’s back: Quantifying damages for copyright infringement of Eminem’s album

    http://ipkitten.blogspot.com/2021/05/shadys-back-quantifying-damages-for.html The calculation of damages for copyright infringement is something that this Kat finds to be curious, sometimes sending her into a fuurrry, and other times she’s left wondering why the parties wasted their time over such a small recovery. She’ll let readers decide for themselves where this case falls… ... Continue reading

     
  • Damages for patent infringement: the Chinese perspective

    http://ipkitten.blogspot.com/2021/05/damages-for-patent-infringement-chinese.html Kat friends, Professors Bashayer Almajed and Bashar Malkawi, offer a summary of the current approach to damage calculations for patent infringement under Chinese law. Chinese Patent Law: A Multi-layered Approach to Damages The Chinese patent law was enacted in 1985 and amended in 1992, 2000 and 2008. Importantly, on... Continue reading

     
  • Vaccine platforms and limited global production capacity: what is to be done?

    http://ipkitten.blogspot.com/2021/05/vaccine-platforms-and-limited-global.html IPKat friend, Professor Suma Athreye, offers her thoughts on the pressing issue of limited global vaccine production for COVID-19, and how IP can be managed for vaccine equity. “No one is safe till everyone is safe” was the rallying call of the WHO and EU in April 2020, when... Continue reading

     
  • Joint IPKat-BLACA-IFIM live webinar on CJEU YouTube/Cyando judgment on 1 July: join us!

    http://ipkitten.blogspot.com/2021/05/joint-ipkat-blaca-ifim-live-webinar-on.html Do YouTube and cyberlocker Uploaded directly perform copyright-restricted acts? And, following from this: what is the relationship between the InfoSoc right of communication to the public and Article 17 of the DSM Directive? At what conditions is the hosting safe harbour available? And what about intermediary injunctions? These are... Continue reading