In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/takeda-v-roche-is-it-plausible-is-it.html The growing clinical and economic significance of antibody-based therapeutics is reflected by the patent cases currently passing before the UK courts, of which Takeda v Roche is the latest example. IPKat is eagerly awaiting the UK Supreme Court hearing on Regeneron v Kymab, relating to Kymab’s therapeutic antibody platform technology (IPKat... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/book-review-right-of-communication-to.html Communication to the public is a highly contentious area of copyright law, that is becoming increasingly important in the information society age, yet its boundaries and scope still remain somewhat of a mystery. In The Right of Communication to the Public in EU Copyright Law, Justin Koo sets out... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/warhol-v-goldsmith-fairness-of-use-by.html Earlier this month, the Southern District Court of New York handed down a decision regarding whether Andy Warhol’s use of a photograph taken by a rock and roll celebrity photographer Lynn Goldsmith of the iconic singer Prince Rogers Nelson, best known as Prince, is protected as fair use. Background... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/english-high-court-raises-eyebrows-over.html To paraphrase Oasis (badly): Norwich Pharmacal Orders – familiar to thousands. In the consolidated claims of Mircom International Content Management & Consulting Ltd and Ors and Golden Eye International Ltd and Ors v Virgin Media Limited and Persons Unknown [2019] EWHC 1827 (Ch), Mr Recorder Douglas Campbell QC (sitting... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/turning-ac-off-as-no-likelihood-of.html On 19 June 2019, the EU General Court ruled that the EUIPO had been correct in granting registration of the figurative sign that Associazione Calcio Milan SpA (AC Milan) had applied for. [Case T‑28/18] Background On 29 May 2013, the intervener, AC Milan, obtained an international trade mark, registration... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/beyond-exclusion-of-pharmaceutical.html In the past few months, the US House of Representatives has held several hearings with pharmaceutical companies on the high prices of prescription drugs and the impact on patients. US Senators have also joined the fray broaching the idea of reforming the US patent system and reducing the exclusivity... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/cjeu-dismisses-red-bulls-appeal.html In a judgment issued yesterday, the Court of Justice of the European Union (CJEU) dismissed Red Bull’s appeal against the EU General Court’s decision [here], which had upheld the EUIPO’s First Board of Appeal’s finding that the Red Bull’s colour combination marks would be invalid. Background Red Bull successfully... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/never-too-late-if-you-missed-ipkat-last_30.html Enjoy this new edition of Never Too Late, summarising news and opinions provided by our Kats on the latest developments in IP law at the judicial, administrative, national, and European levels. Trade marks Nedim Malovic discusses the difficulties for relevant authorities in the assessment of trade mark applications made by... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/the-eu-regulation-on-fairness-in.html The Digital Single Market Directive, introduced earlier this year, has been the subject of much discussion (see here, here and here for previous posts). Flying under the radar of most IP enthusiasts is Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services, passed on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/07/boswelan-no-special-treatment-for.html Obtaining a marketing authorization for a new medicinal product can notoriously take a very long time. Should trademark law, and in particular the five-year grace period to commence “genuine use“ (Art. 18(1) EUTMR), be adapted to account for the time lost waiting for the marketing authorization? In a recently... Continue reading
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