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8 Mar 2022, 12:00 am
GuestKat Rose Hughes commented on the potential application of this precedent in a post-pandemic scenario.KatFriend Rui Cao provided his view on a recent Shanghai Court decision that put boundaries on the application of the doctrine of exhaustion, as a distributor was found to have infringed on the other’s trade mark right via repackaging the branded products without authorization. [read post]
6 Mar 2022, 6:16 am
In case you wish to have some background on this new requirement prior to the event, you can refer to GuestKat Rose Hughes’ excellent summary here. [read post]
27 Feb 2022, 6:02 pm
GuestKat Rose Hughes provided further background on this. [read post]
20 Feb 2022, 10:27 am
Our GuestKat Rose Hughes reviewed the legal background, facts, and commentary on the EBA's decision.GuestKat Rose Hughes also reviewed recent changes of EPO's Guidelines for examination on description amendments, which will come into force on March 1, 2022.MISCELLANEOUSThe IPKat in Memory of Ronald J. [read post]
1 Feb 2022, 4:59 pm
And then the wall rose, Rose slowly, Slowly, Between me and my dream. [read post]
30 Jan 2022, 7:12 am
The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work.DATABASE RIGHTSGuestKat Jan Jacobi reported on a recent case of the Dutch (District) Court of Midden-Nederland, concerning whether database rights can be invoked to prevent third parties from reusing and offering data from the National Business Register.PATENTSGuestKat Rose… [read post]
21 Jan 2022, 12:17 pm
Members of the 2022 class are: Rebecca Hughes Adudell, of Gonzalez Chiscano Angulo & Kasson; Stephen J. [read post]
16 Jan 2022, 9:12 pm
Patents GuestKat Rose Hughes provided a review of the US Court of Appeal for the Federal Circuit decision in Juno v Kite. [read post]
8 Jan 2022, 11:21 am
GuestKat Rose Hughes also reported on the EPO user consultation on grace periods for patents, the results of which will be published on the EPO website in the coming months. [read post]
30 Dec 2021, 1:39 pm
PatentsGuestKat Rose Hughes commented on (i) a recent decision from EPO’s Board of Appeal in which it failed to find any legal basis in the EPC for the requirement that the description must be brought in line with the claims; and (ii) a recent referral to the Court of Justice of the European Union from the Finnish Market Court, which is seeking clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination… [read post]
19 Dec 2021, 3:55 am
The Office has now also published a report on the user survey of the opposition division (OD) ViCo pilot programme, and GuestKat Rose Hughes has provided us with analysis, comments and thoughts on this.OTHERGuestKat Sophie Corke has analysed the new coalition agreement of the German "Ampel" parties (170-page document) and the potential impact it could have on two important topics: digitalisation and innovation. [read post]
10 Dec 2021, 12:19 pm
PatentsGuestKat Rose Hughes analysed a recent decision of the English High Court regarding the clinical formulation of Bayer's cancer drug, sorafenib. [read post]
10 Dec 2021, 4:59 am
Revisiting the SEC’s Proxy Advisor Rule Posted by Paul Rose and Christopher J. [read post]
28 Nov 2021, 5:25 am
Our GuestKat Rose Hughes has examined recent US case law and EPO case law in the EU to assess trends, observations and differences between the US and EU positions on the epitope claim.MISCELLANEOUS Our GuestKat Anastasiia Kyrylenko has reviewed the "Handbook of Intellectual Property Research" (ed. by I. [read post]
4 Nov 2021, 8:55 am
PatentsGuestKat Rose Hughes shared with us recent cases in Australia and Canada whereby the courts confirmed their willingness to recognize the patentability of diagnostic inventions. [read post]
17 Sep 2021, 4:00 am
Charles Geyh, a legal ethics professor at Indiana University, said courts rose to the occasion, but the discipline might not be enough to stop lawyers from being involved in similar challenges in the future. [read post]
2 Sep 2021, 2:03 am
This Kat has become a purr-itoThe sun is shining, the birds are singing, and the Kats are providing updates and commentary from around the world of IP.CopyrightPermaKat Eleonora Rosati considered the ways in which EU Member States have been exercising (and derogated from the limits of) their discretion in transposing the DSM Directive so far, following June's deadline to do so, with a focus on Italy.In a review of Art and Copyright by Simon Stokes (Partner at Blake Morgan), Katfriend… [read post]
25 Jul 2021, 2:14 pm
Katfriend Henry Yang summarised the reasoning of the Court of Appeal thereto in the recent case of Autostore v Ocado.GuestKat Rose Hughes considered the tricky balance to be struck in determining when pre-clinical data plausibly supports a therapeutic effect, as was raised in a recent Board of Appeal decision (T 966/18). [read post]
21 Jul 2021, 7:03 am
Rose, 170 N.C. [read post]
4 Jul 2021, 12:05 pm
CopyrightThe YouTube/Cyando ruling of the CJEU featured last week, with PermaKat Eleonora Rosati analysing the Court's reasoning in relation to a number of questions asked by the referring court, including whether platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive, under which conditions the hosting safe harbour under Article 14(1) of the Ecommerce Directive is available, and what the requirements for… [read post]
