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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]
11 Jun 2021, 3:43 am
Katfriends Fabio Ghiretti and Francesca Milani (both Mondini Bonora Ginevra) explained the Rome Court of First Instance's approach to copyright protection of fictional characters in a recent decision concerning Western films, “A Fistful of Dollars”, and “Rango”.PatentGuestKat Rose Hughes reflected on the meaning of provisions provided for the definition of an antibody by reference to a deposited hybridoma in the new antibody-specific section of… [read post]
6 Jun 2021, 4:48 am
PatentsGuestKat Rose Hughes has been untiring in documenting how using video conferencing (ViCo) in oral proceedings of the EPO’s Board of Appeal has been unfolding [see the bottom of this post for the full list of The IPKat’s posts on the topic]. [read post]
2 Jun 2021, 12:22 pm
Rose Hughes answered the question here. [read post]
23 May 2021, 3:30 am
Katfriend Professor Suma Athreye discussed possible measures to promote vaccine equity.GuestKat Rose Hughes reported on the EPO Board of Appeal's recent decision to uphold the principle of "any person" opposition, continuing to allow so-called "straw man" oppositions in light of the weighty public interest in invalid patents being challenged.OtherAmeriKat Annsley Merelle Ward conveyed an event report from Adam Ernette on the virtual IP Master Class… [read post]
9 May 2021, 9:00 am
Rose Hughes reported on this case. [read post]
