In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/repurposing-patented-products-inking.html Kat friend Tyrone Berger has provided us with a report about the latest judicial treatment in Australia of an implied license in connection with a patent litigation action. For many jurisdictions, the issue of repurposing a patented product is an issue of exhaustion. Not so in Australia, where, as... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/the-first-ai-inventor-ipkat-searches.html As has been recently widely reported (BBC, Financial Times and The Times), a number of patent applications have been filed designating a machine learning (ML) algorithm as an inventor. The aim of the applications appears to kickstart a conversation on how patent law could be changed to take account of AI... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/irish-supreme-court-in-merck-v-clonmel.html The AmeriKat hiding from work-relatedintruders in the Castello’s garden Right at the end of July, came big news from the Irish Supreme Court in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd 2019 IESC 65. The case concerned the launch of a generic version of an ezetimibe/simvastatin combination drug... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/copyright-infringement-in-iron-pipes.html The latest copyright decision of the Swedish Patent and Market Court of Appeal, given on 15 July 2019 (PMT 14029-16), concerns the use of a film (recorded through a mobile phone) as well as the use of photos extracted from the film sequence by a TV channel. The issue... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/never-too-late-if-you-missed-ipkat-last_13.html In The IPKat team: arrivals, farewells, and news, PermaKat Merpel introduces the new Kats and says goodbye to those Kats who will not continue with the blog. In spite of these changes, for Kat readers, it is always “never too late” to catch up on the latest IPKat posts.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/sportfuel-is-running-on-empty-after.html The Lanham Act offers trade mark protection to descriptive marks that have acquired distinctiveness. But what happens when a competitor begins to use the terms of the mark descriptively in a slogan? SportFuel learned that the potential outcome is a successful fair use defense, raised by Gatorade. Let’s explore... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/remembering-shamnad-basheer.html Shamnad Basheer was one of the handful of people in the IP world who was larger than life. Kat readers who wish to take in the entirety of Shamnad’s accomplishments are invited to read the attached. Permit this Kat to mention the highlights. Shamnad came from the Indian state... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/wipo-launched-its-first-program-on-ip.html In the light of the International Day of the World’s Indigenous Peoples (today), the World Intellectual Property Organization (WIPO) launched its first project-based training and mentoring program on Intellectual Property for women entrepreneurs from indigenous peoples and local communities. WIPO highlighted that projects based on traditional knowledge (TK) and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/latin-america-whole-lot-of-trademark.html Kat friend Fredy Sánchez Merino offers his most recent summary of IP activity in Latin America. Brazil-The Designation of Origin (DO) for Tequila continues to secure official recognition in various countries in the region. This time, it is the Brazilian National Institute of Industrial Property (INPI) that has granted... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/08/are-frand-disputes-too-complex-for-pi.html The answer might be “yes”, according to a recent decision by the District Court of the Hague [here]. As far as this Kat is aware, the decision is the first in Europe to address the issue of preliminary relief in FRAND-cases and is therefore worth a closer look. The... Continue reading
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