Around the IP blogs!

IPKat once again takes you on a tour of the IP blogosphere! Highlights this week include a one-year-on perspective of Actavis v Eli Lilly, further news on the progress of the DSM Directive and an update on the governance issues of the Collecting Society of Nigeria (COSON).


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 (herehere 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
Over at the IP Alchemist blog, former Kat Darren Smyth takes a look at the recent decision from the CJEU in the case of Teva v Gilead C-121/17Teva v Gilead – C-121/17 provides some clarity on combination products.  This is the latest in a long series of judgments on the question of whether an SPC (Supplementary Protection Certificate) for a combination product containing two active ingredients (in this case the antiretroviral combination Truvada containing tenofovir and emtricitabine) can be based on a patent that does not explicitly mention one of the active ingredients.  Darren thinks that this latest decision is a little clearer than its predecessors.  Others may disagree.

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.


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 ProblemDaniel 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

Tim Berners-Lee
Afro-IP's AfroLeopa shoulders the burden of providing readers with the relevant information regarding the governance issues of Nigeria’s major collecting society, Collecting Society of Nigeria (COSON). See AfroLeopa's previous posts on COSON for IPKat here and Afro-IP here. In her latest post, AfroLeopa reports on a recent press conference at which music artists and COSON members spoke to join the president of the Association of Music Business Professionals (AM.B-Pro) Mr. Edi Lawaniurging, in urging the NCC to lift the suspension of COSON’s licence in the interests of artists and copyright owners: The Regulator v the regulated: Governance issues of Nigerian Music Collecting Society, COSON continues

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
Around the IP blogs! Around the IP blogs! Reviewed by Rose Hughes on Friday, August 03, 2018 Rating: 5

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