Never Too Late: if you missed the IPKat last week

This Kat has sufficiency (of mice) objections
Welcome to the latest IPKat roundup, which should especially cheer fans of patent news and views.


Kodak's most recent endeavours, by way of an announced pivot to generic pharmaceutical manufacturing thanks to a US government COVID-response loan, swiftly followed by an insider trading investigation which put the loan on hold, drew comment from PermaKat Neil Wilkof.

In news from Australia, GuestKat Rose Hughes reported on the confirmation in Mylan v Sun Pharma ([2020] FCAFC 116) that the novelty question in second medical use situations pertains simply to whether the claim has been published, not whether it has actually been applied or suggested as a good idea, meaning that an untested hypothesis in a clinical trial protocol is capable of destroying the novelty of a second medical use patent.

Rose also commented on both the positives and negatives of the rollout of the EPO's New Espacenet (patent database) tool, inviting readers' views, and separately explained the approach of the Boards of Appeal in a recent case (T 1285/15) in which the Opponent attempted to argue that, taken together, a collection of clarity issues amounted to insufficiency. This argument was rejected in favour of tackling each separate objection to the claim language step-by-step.

Trade Marks

GuestKat Nedim Malovic reported on a recent decision of the High Court of Justice of England and Wales, which held that the shape of Land Rover Defender cars cannot benefit from trade mark protection, bearing neither inherent nor acquired distinctiveness.


Former GuestKat Laetitia Lagarde (Baker McKenzie) pointed to a number of ways in which IP lawyers are well-placed to help lead the sustainable revolution in the transition to a greener global economy.

Never Too Late 277 [Week ending August 9] Who is the ‘average consumer’ when a product/service is aimed at both specialized and everyday consumers? | UK patent exams update: Proctoring system will no-longer be used, but exams still to go ahead with "simpler" invigilation system | Celgard secures UK injunction to protect alleged trade secrets | The improbable marriage of popcorn and movie theatres (no break-up anticipated) | ‘Off-White’ goods not inherently or objectively 'off-white' in colour - so trade mark not descriptive in nature, says EU General Court | Windowing, anti-competition and the Amendments to the 6th Edition of the Nigerian Broadcasting Code | The process may (or may not) be the product: trade secrets and COVID research

Never Too Late 276 [Week ending August 2] The AG Opinion in YouTube/Cyando: a regressive interpretation of the right of communication to the public | TikTok signs copyright licensing agreements with music publishers | [Guest Post] Warming Up: The Legality Issue of Fan Fiction Is Back on Appeal in Mainland China | What's in a Name? International Olympic Committee to Lose "Pierre de Coubertin" Trade Mark | The extended but not unlimited protection of trade marks with a repute: Hugo Boss loses battle against ‘BOSS SHOT’ due to the difference between goods at issue | EUIPO Fourth Board of Appeal says that “LEGNOLAND” for Class 28 goods is confusingly similar to “LEGO” and “LEGOLAND” | European Council authorises signature of the EU-China agreement on geographical indications | Academic spotlight (II): Borghetti, Nikolic and Petit on FRAND licensing levels | [Event report] INTA’s first online conference. Brands in Society: Their Influence and Responsibility (Day 1) | [Event report] INTA’s first online conference. Brands in Society: Their Influence and Responsibility (Day 2)

Never Too Late: if you missed the IPKat last week Never Too Late: if you missed the IPKat last week Reviewed by Sophie Corke on Wednesday, August 19, 2020 Rating: 5

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