The IPKat BLOG – Page 194

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Wednesday Whimsies

http://ipkitten.blogspot.com/2020/10/wednesday-whimsies_28.html This Kat is feeling whimsical Welcome to this week’s bountiful crop of IP events and opportunities. Webinars The British Literary and Artistic Copyright Association is hosting a webinar discussing the potential impact of recent CJEU privacy decisions on copyright law tomorrow, 29 October 2020. For details of speakers and... Continue reading
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Book review: Special Protection of Trade Marks with a Reputation under European Union Law

http://ipkitten.blogspot.com/2020/10/book-review-special-protection-of-trade.html Trade marks with a reputation (TMwR) in the EU and the additional layers of protection provided to them, like the famous trade mark regimes in other jurisdictions in general, is a controversial subject surrounded by unresolved problems of ambiguity and uncertainty that, sometimes, involves political databases over, for instances,... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2020/10/never-too-late-if-you-missed-ipkat-last_24.html This Kat is looking forward to the clocks changing As ever, it’s never too late to catch up on last week’s IPKat posts. Trade Marks GuestKat Nedim Malovic summarised a recent decision of the EUIPO Fourth Board of Appeal in respect of the likelihood of confusion between certain football-themed... Continue reading
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Not a toothless prohibition: Even implicit step of treatment by surgery makes method claim unpatentable under the EPC

http://ipkitten.blogspot.com/2020/10/not-toothless-prohibition-even-implicit.html Art. 53(c) EPC prohibits the grant of European patents in respect of “methods for treatment of the human or animal body by surgery“. The EPO Boards of Appeal recently had the opportunity to clarify the boundaries of this provision in a case involving a patent related to tooth replacement... Continue reading
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The threat to trust: Will the certification mark be a long-term victim of the coronavirus?

http://ipkitten.blogspot.com/2020/10/the-threat-to-trust-will-certification.html Pandemics may have long-term consequences. One such early outbreak, the sixth century Plague of Justinian, severely weakened both the Sasanian Empire and the Byzantine Empire, which in turn contributed a century later to the rapid expansion of Islam. The death toll from the Black Death of the 14th century... Continue reading
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Hague District Court grants cross-border preliminary injunction against Mylan in Novartis SPC battle

http://ipkitten.blogspot.com/2020/10/hague-district-court-grants-cross.html Conventional wisdom says that the Dutch courts favour a pragmatic and commercial approach to patent litigation, allowing, where they can, patentees to effectively obtain cross-border injunctions against multiple defendants. In a recent decision dated 29 September 2020, the Hague District Court once again proved this conventional wisdom to be... Continue reading
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Wednesday Whimsies

http://ipkitten.blogspot.com/2020/10/wednesday-whimsies.html On December 10, join our PermaKat Eleonora Rosati and Giulia Gasparin at the new Fashion Law London online event, “Fashion Renaissance: A Unique Year in Review”. The topics covered include recent fashion-related IP developments; licensing, marketing and image in an ever-more digital fashion marketplace; enforcement challenges and opportunities for... Continue reading
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Another view on Glenn Gould, user rights, performance and recording

http://ipkitten.blogspot.com/2020/10/another-view-on-glenn-gould-user-rights.html The recent post by Mira T. Sundara Rajan drew the special attention of Kat friend Jonathan Coote, who offers his own thoughts on Glenn Gould, performance, recording, and user rights. Let the show begin. ‘Beware; for I am fearless, and therefore powerful’ – the monster, Mary Shelley’s Frankenstein (1818)... Continue reading
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SPCs and orphan drugs– is the double layer getting messy or is it just a matter of timing? A new ruling of the District Court in the Hague to shed some light?

http://ipkitten.blogspot.com/2020/10/spcs-and-orphan-drugs-is-double-layer.html The ruling of the District Court in the Hague in the case C/09/595262 KG ZA 20-605 concerns the pharmaceutical Exjade (generic substance deferasirox), protected both by a patent and subsequently a Supplementary Protection Certificate as well by an Orphan Drug Designation. Novartis sued Mylan for infringement of the SPC... Continue reading
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Invalidating a patent after expiry of the patent term? German Federal Court of Justice confirms broad standing to sue

http://ipkitten.blogspot.com/2020/10/invalidating-patent-after-expiry-of.html Who has standing to sue in a patent invalidation action differs across jurisdictions. In the recent decision “data packet transformation” (“Datenpaketumwandlung“), the German Federal Court of Justice had to rule on whether, and under what circumstances, a party can sue for invalidity of a patent after the 20-year term... Continue reading