Never Too Late: if you missed the IPKat last week

Did you have a busy week last week? Well, it is never too late to catch up with last week’s IP happenings! 

PATENTS

UK got off the UPC bus! It now seems like the dream that the UK will continue to be part of the Unitary Patent and Unified Patent Court (UPC) system post Brexit, was just a dream. Alex Woolgar reported on the latest update of the UK leaving the UPC. 

Does estoppel apply to an EP divisional patent where claims are virtually identical to that of an invalid UK parent patent? In the dispute between Lilly and Genetech, this question was addressed by the UK High Court. Rose Hughes provided an overview of the arguments of each party as well as the outcome of the dispute here. 

The Swedish Patent and Market Court of Appeal rejected the appeal of Allergan concerning the application for a Supplementary Protection Certificate (SPC) for its product “botulinumtoxin type A”, on 19 December 2019. A request for a preliminary ruling regarding the interpretation of Article 3(d) and what is meant by “first marketing authorization” was also denied. Frantzeska Papadopoulou reported on the ruling and the considerations of the Court here. 

When is a second non-medical use invention novel? The Board of Appeal addressed this question in their decision in T 1385/15. For a second medical use invention to be patentable, the use must be based on a technical effect that was not previously known. However, the patentability requirement for a second non-medical use invention, is different. Rose Hughes reports on the patentability of a second non-medical use invention here. 

TRADE MARKS

The Trade Mark Office of China (CTMO) made an announcement on 18 February 2020, stating that as from 1 January 2020 all trade mark opposition decisions will be published on its website. On 6 January 2020, 221 decisions have already been published. Tian Lu highlighted the benefits and possible problems of this specific administrative initiative here. 

COPYRIGHT

Do recording devices in motor vehicles, that allow for copying the contents of CDs onto hard drives within the vehicles for playback without the CDs present fall within the restrictive definitions of the Audio Home Recording Act? The DC Circuit Court of Appeals made a ruling on this issue that was raised by the Alliance of Artists and Recording Companies. Thomas Key reported on the considerations and judgement of the Court. 

IPKat previously reported on Brompton Bicycle, C-833/18, where it was asked whether an exclusively functional shape enjoys copyright protection. IPKat now had the pleasure of hosting the commentary of Ilanah Fhima (UCL) on this case. Read her insightful comments here. 

BOOK REVIEW

Cambridge Handbook of Technical Standardization Law, Further Intersections of Public and Private Law, written by Prof. Jorge Contreras, analyzes a series of aspects related to standardisation. If you have read its predecessor, Cambridge Handbook of Technical Standardization Law: competition, antitrust and patents, then this is a must-read! Vicente Zafrilla Díaz-Marta provided us with a review of this book here, if you still need any motivation to read it. 

EVENTS

Peter Ling was fortunate enough to travel to Geneva and attend Journée de droit de la propriété intellectuelle (JDPI). This year Intellectual Property in the Era of Big Data and Blockchain was up for discussion. Read the highlights of all the exciting speeches here. 

OTHER IP TOPICS: BEIJING TREATY, GEOGRAPHICAL INDICATIONS AND EDUCATION

The rights of performing actors and other audiovisual performers are modernised for the digital era! The Beijing Treaty on Audiovisual Performances is about to come into effect on 28 April 2020. This Treaty aims to meliorate the working conditions for performing actors and other audiovisual performers with the grant of certain rights. Interesting is the grant of moral rights to performers.  Frantzeska Papadopoulou reported on the content of the Treaty as well as its possible effects. 

Can the shape or appearance of a product infringe a Protected Designation of Origin (PDO)/ Protected Geographical Indication (PGI)? A not-so-cheesy ruling was made in the matter between the Association of producers of the PDO ‘Morbier’ and the cheese producer ‘Société Fromagère du Livradois’. The interpretation of “evocation” was also addressed in this matter. Anastasiia Kyrylenko reported on this interesting matter here. 

Wondering what game to play at your next game-night? Dr Sabine Jacques from the University of East Anglia to your rescue! She designed a board game that assists players with IP learning. Sophie Corke provided us with the details about the game as well as its future plans (hint-hint – it is an adaptation for the digital world). Read more about it here.