The IPKat BLOG – Page 247

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New decision of the Swedish Patent and Market Court of Appeal addresses interface between new safety regulation for packaging of pharmaceuticals and parallel imports

http://ipkitten.blogspot.com/2019/10/new-decision-of-swedish-patent-and.html As of 9 February 2019, most prescription medicines and some over-the-counter medicines for human use supplied in the European Union are required to have a unique identifier (a two-dimension barcode) and an anti-tampering device on their outer packaging. The anti-tampering device is a safety feature that shows whether the... Continue reading
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Nintendo play ISP blocking to win

http://ipkitten.blogspot.com/2019/10/nintendo-play-isp-blocking-to-win.html Nintendo is a well-known Japanese company that designs, manufactures and sells video games consoles, accessories and software. One of its most successful products is the Nintendo Switch, having sold millions of consoles in the UK. Nintendo brought a claim, in the UK High Court (Chancery Division), for an injunction... Continue reading
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Intellectual property in Outer Space: still in the twilight zone

http://ipkitten.blogspot.com/2019/09/intellectual-property-in-outer-space.html The commercialisation of activities in outer space is booming. Space launches by private actors are skyrocketing (I know: terrible pun), and space tourism is expected to be an industry in full swing soon. This change in the landscape of outer space raises the question whether intellectual property policy is... Continue reading
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Does IP boost the European economy? EPO and EUIPO say so

http://ipkitten.blogspot.com/2019/09/does-ip-boost-european-economy-epo-and.html Hot off the press is a joint report by the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) entitled IPR-intensive industries and economic performance in the European Union. Now in its third edition, the findings remain consistent with earlier versions (from 2013 and 2016): according to... Continue reading
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Beijing IP Court: Moutai is excellent, but not exclusively so

http://ipkitten.blogspot.com/2019/09/beijing-ip-court-moutai-is-excellent.html Kweichow Moutai (or Guizhou Maotai) is probably the most famous liquor in China. As early as 1915, it was awarded a silver medal in the Panama Expo, and it is frequently served at diplomatic and other important national occasions. Many consider Kweichow Moutai the national liquor of China. So... Continue reading
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AG Pitruzzella advises CJEU to rule that proprietor of trade mark revoked for non-use can seek compensation for infringing acts committed prior to revocation

http://ipkitten.blogspot.com/2019/09/ag-pitruzzella-advises-cjeu-to-rule.html Is it possible to award compensation to a trade mark holder who has never exploited their trade marks and whose rights were revoked, in the context of an action for infringement of that trade mark by third parties? This, in a nutshell, is the subject of the referral to... Continue reading
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AIPPI Congress Report 4: Copyright in AI generated works

http://ipkitten.blogspot.com/2019/09/aippi-congress-report-4-copyright-in-ai.html Does and should copyright vest in works created solely by Artificial Intelligence (AI)? This is the very issue discussed in this fourth report [previous reports here, here and here] from the 2019 AIPPI World Congress. Toby Bond (Bird & Bird) reports: AIPPI Congress Report: Copyright in AI generated works by Toby... Continue reading
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[Guest Post] IP Education Series #1

http://ipkitten.blogspot.com/2019/09/guest-post-ip-education-series-1.html Following the introduction last week, the first post in the IP Education Series is kicking off with a post from Claire Howell! Do remember, if you have successfully implemented or been the recipient of a successfully implemented IP Education Initiative, please feel free to contribute to the discussion! (We’re looking for... Continue reading
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New CJEU referral on right of communication to the public … this time on seeding and de minimis threshold

http://ipkitten.blogspot.com/2019/09/new-cjeu-referral-on-right-of.html A different type of ‘seeding’ … The IPKat has just learned that a new referral on, inter alia, the interpretation of Article 3(1) of the InfoSoc Directive has just been made to the Court of Justice of the European Union in relation to ‘seeding’. First of all: what is... Continue reading
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There is No Such Thing as a Free Launch – CJEU Does Not Follow AG on Compensation for Wrongful PI

http://ipkitten.blogspot.com/2019/09/there-is-no-such-thing-as-free-launch.html On 12 September 2019, the Court of Justice handed down its (at least among patent litigators) eagerly awaited ruling (case C-688/17, not yet available in English) on a core principle of damages under Art. 9(7) of the Enforcement Directive for a wrongly-issued preliminary injunction. The AG Opinion can be... Continue reading