Around the IP Blogs

Enjoying a run around the blogs!

It’s the last weekend of February and time for a run…a run around the IP Blogs!

Patents

When is a late inventive step attack allowed on appeal? Kluwer Patent Blog reports on two decisions which were recently issued on the admissibility of late inventive step attacks on appeal. In the two cases the Board of Appeal came to two different conclusions. James Prankerd Smith sets out the reasoning behind the Board of Appeal’s conclusions.

SpicyIP reports on the Delhi High Court’s recently issued notice on a petition by All India Drug Action Network (AIDAN) which challenges the Drug Prices Control Order 2013 (DPCO 2013) and Drug Prices Control Amendment Order 2019 (DPCO 2019). One of the concerns is the amended “new drug exemption” in the DPCO 2019. A contradiction between the DPCO 2019 and Patents Act of 1970 can result in a new drug being tagged as a “new drug” for up to 9 years.

JUVE Patent takes us on a historic journey of the old IPCom and Nokia battle from 2013 and the origin of the dispute. IPCom sued Nokia on eleven counts of patent infringement and demanded €12 billion compensation. The two opponents met in Mannheim Regional Court, each with a price that they deemed fair, but Judge Voß needed to have the final say.

When is an inherent feature obvious? IPWatchdog answers this with reference to the case of Persion Pharmaceuticals v. Alvogen Malta Operations Ltd., which is the most recent case addressing this question.

Trade Marks

For Christian Louboutin it’s all about the lady in red sole shoes - a signature appearance that he wishes to protect by way of trade mark registration. MARQUES reports on the Supreme People’s Court’s (SPC) favourable decision which could help pave the way for the registration of its signature red sole trade mark in China.

Copyright

Brexit. The UK is leaving the European Union and from the face of it, also the EU Copyright Directive! KluwerCopyright Blog reports on the UK’s decision and the next steps for the UK. Light is also shed on possible effects of this divergence on the European Union.

With the rise of social media advertising, copyright lawsuits seem to rise. The Fashion Law reports on a running list of copyright lawsuits of paparazzi against social media advertisers.

Does the uploading of a free-trial version of Microsoft Office constitute making it available to public? Kluwer Copyright Blog reports that this is one of the questions that Microsoft asked the German Federal Court (BGH) after an online trader uploaded the 30 day free trial version of Microsoft Office onto its website. The BGH also clarified the applicability of the German Copyright Act and related EU legal instruments to the growing online market for used software and product-keys.