The IPKat BLOG – Page 228

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South Africa’s Constitutional Court rules on whether patent validity can be used as both a sword (revocation action) and a shield (infringement action) in patent proceedings

http://ipkitten.blogspot.com/2020/01/south-africas-constitutional-court.html Late in October last year, the Constitutional Court of South Africa (the ConCourt) handed down its decision on the appropriate default position in patent proceedings in Ascendis Animal Health (Pty) Limited vs Merck Sharp Dohme Corporation and 2 Others [2019] ZACC 41. The appeal raised the question of whether... Continue reading
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The Broad Institute’s CRISPR patent appeal hearing: Day 1, Setting the Stage

http://ipkitten.blogspot.com/2020/01/the-broad-institutes-crispr-patent.html Today was Day 1 of the Board of Appeal hearing on the validity of one of the Broad Institute’s patents relating to fundamental aspects of CRISPR technology. The simple question at the heart of the dispute between the Broad Institute and the opponents was summarised with admirable succinctness by... Continue reading
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Do we need a referral to the Enlarged Board of Appeal on the novelty of selection inventions?

http://ipkitten.blogspot.com/2020/01/do-we-need-referral-to-enlarged-board.html Attentive readers will be aware that today is the first day of the CRISPR Board of Appeal hearing at the EPO on the issue of priority. For readers unlucky enough not to be in attendance (and who also do not want to spend the day glued to twitter), IPKat will be... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2020/01/monday-miscellany.html It’s a Monday, it’s 2020, and of course the events and opportunities keep on coming! Here are all of the latest for you to put in your diaries. One of many exciting events to look forward to this year! Events EUIPO IP Case Law Conference 2020Following the resounding success... Continue reading
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Trade mark functions, repairs and collective marks: Dutch Supreme Court to refer questions to CJEU

http://ipkitten.blogspot.com/2020/01/trade-mark-functions-repairs-and.html In its first IP ruling of the new decade, the Dutch Supreme Court raised interesting questions on the interface between exhaustion, repairs and collective marks [decision here]. It has stated its intention to refer these questions to the Court of Justice of the European Union (CJEU) and will do... Continue reading
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[Guest Post] Remember the case of Ai Weiwei v Volkswagen?

http://ipkitten.blogspot.com/2020/01/guest-post-remember-case-of-ai-weiwei-v.html With thanks to Hanne Kirk and her team at Gorrissen Federspiel (Denmark) for their overview of a fascinating case that may have passed readers by: As 2019 passes and 2020 begins, this GuestKat has one more post to share about an interesting Danish decision handed down in July, then... Continue reading
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Book Review: Law of Remedies – A European Perspective

http://ipkitten.blogspot.com/2020/01/book-review-law-of-remedies-european.html The availability or not of certain remedies influences the scope of substantive rights. Moving from this consideration, this book analyses different mechanisms of enforcement, the debate on private versus public enforcement, as well the perspective of criminal law. After defining the scope of a ‘law of remedies’, this work... Continue reading
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Book Review: Positive Freedom and the Law

http://ipkitten.blogspot.com/2020/01/book-review-positive-freedom-and-law.html Positive Freedom and the Law by Kim Treiger-Bar-Am, a legal academic in Israel. In Western thought, the notion that freedom is merely the right to be left alone is inescapable. This book seeks to explore the alternative conception of freedom as a duty of respect toward the autonomy of others.... Continue reading
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Book Review: A Practitioner’s Guide to European Patent Law by Paul England

http://ipkitten.blogspot.com/2020/01/book-review-practitioners-guide-to.html What is genuinely European in European Patent Law? Is there a common set of rules or understandings related to topics such as indirect infringement, equivalents, exhaustion, damages and joint ownership? To say that answering these questions in one book is challenging would be grossly underestimating the task. Paul England... Continue reading
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TuneIn to the sound of communication to the public (Part 1)

http://ipkitten.blogspot.com/2020/01/tunein-to-sound-of-communication-to.html As Eleonora informed us in this Katpost here – the UK Courts have weighed in on communication to the public, in what the court called “a test case” about infringement of copyright in sound recordings accessed via an online platform that connects users to radio stations around the world.... Continue reading