Patents
The Kluwer Patent Blog marks the first year anniversary of the landmark Supreme Court decision Actavis v Eli Lilly: Actavis and Equivalents – One Year On. The decision and its interpretation in the lower courts throughout the year have been reported here on IPKat (here, here and here). The Kluwer Patent Blog also looks forward to the imminently expected decision from the Supreme Court in the Warner-Lambert v Actavis case (the hearing for which was reported here for IPKat). This decision is also expected to address several fundamental issues of UK patent law, including plausibility and second medical use claims. Stay tuned to IPKat!
Awaiting Warner-Lambert v Actavis |
Patentlyo explores the issue of US claim construction in AIA trials: USPTO: Claim Construction in AIA Trials. Currently, the USPTO applies a different standard for construing claims to the courts. The director of the USPTO, Andrei Iancu, is seeking to unify the standards.
Copyright
The CopyKat discusses the recent events relating to the Digital Single Market Directive: The CopyKat - Copyright in DSM Directive Vote and Copyright Infringement Actions. In a recent development, the MEPs of the European Parliament rejected the proposal following protest from opponents that the Directive would limit internet freedom and creativity. A letter addressed to MEPs from 70 opponents (including the inventor of the internet, Sir Tim Berners-Lee, Wikipedia and Mozilla) argued that the proposed changes would take “an unprecedented step towards the transformation of the Internet from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users”.
The Kluwer Copyright Blog takes a broader look at intellectual property reform, and particular asks the questions, is international intellectual property reform possible?: International Intellectual Property’s Institutional Problem. Daniel Gervais of the Kluwer Copyright Blog places the recent controversies over regional copyright reform such as the DSM Directive in the context of historical attempts to reform intellectual property at the international level, from the 1961 Rome Convention to the TRIPS agreement.
Find out more on the issues surrounding the DSM Directive on the Liberties EU blog: Copyright: 6 Safeguards to Protect Free Speech
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Tim Berners-Lee |
Trade marks
IP Draughts provides further comment on the recent Court of Appeal decision Holland And Barrett International Ltd & Anor v General Nutrition Investment Company [2018], relating to the interpretation of trade mark agreements: Interpreting trade mark agreements. IP Draughts is impressed with the strength of the court and its forensic analysis of the law and facts.
Author: Rose Hughes
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