CJEU clarifies criteria governing whether settlement agreements between holder of a pharmaceutical patent and generic manufacturers are contrary to EU competition law

IPPT20200130, CJEU, Generics v Competition and Markets Authority

Competition lawArticle 101 TFEU. To assess whether a manufacturer of generic medicines that is not present in the market is a potential competitor of a manufacturer of originator medicines when the agreement at issue has the effect of temporarily keeping an undertaking outside a market first it must be determined …

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US Supreme Court: States cannot be sued for copyright infringement

IP10252

PetaPixel: “Earlier today, the Supreme Court of the United States dealt a major blow to photographers’ copyright protections when it declared that states cannot be sued for copyright infringement because they have “sovereign immunity.”

 

The opinion came down as part of a writ of certiorari regarding the …

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Israel has allowed use of generic version of patent-protected drug in Israel to treat COVID-19

IP10251

New York Times: “Israel approved the licensing of a generic version of an HIV drug to treat patients infected with the coronavirus on Thursday, despite doubts about its effectiveness in trials.

 

The anti-viral drug Kaletra, produced by AbbVie Inc, could be a possible treatment for COVID-19, Israel's Health …

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Bundesverfassungsgericht: Act of Approval to the Agreement on a Unified Patent Court is void

IP10250
Case law

Press release Bundesverfassungsgericht: "The Act of Approval to the Agreement on a Unified Patent Court (“the Act of Approval”) to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the …

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IPKat: "German constitutional court upholds complaint against UPC Agreement and implementing act"

IP10249
Case law

Léon Dijkman, IPKat: "This morning, the German constitutional court issued a 86-page decision in which it upholds the constitutional complaint against the German ratification of the Agreement on a Unified Patent Court [decision here]. According to the Court, the German act by which it was to accede to the UPC …

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Nick Manley joins HGF as a Partner

IP10248

Press release: "HGF are pleased to announce further expansion with the arrival of Nick Manley who joins the HGF Manchester office as a Partner on March 17th, 2020.

 

Nick advises clients of all types, including start-up companies, universities, SMEs and large multinational organisations. Nick has particular …

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The General Court was not entitled to reject an opposition brought under Article 8(5) of the Union Trade Mark Regulation on the ground that there was no evidence of a reduction in the 'attractiveness' of the earlier marks

IPPT20200304, CJEU, Burlington v Burlington Arcade

Trade Mark Law - The General Court erred in law by rejecting an opposition brought under Article 8(5) of the Union Trade Mark Regulation on the ground that there was no evidence of a reduction in the 'attractiveness' of the earlier marks: the article ensures protection for (i) detriment to the distinctive character …

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'Stairway to heaven' copyright dispute won by Led Zeppelin

IP10247
Article

NBCNews - "Led Zeppelin prevailed in a long-running copyright dispute after the 9th U.S. Circuit Court of Appeals upheld a jury verdict saying the rock band's 1971 megahit "Stairway to Heaven" did not illegally borrow from Spirit's 1968 track "Taurus." "The trial and appeal process has been a long climb up the …

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CJEU sets aside finding that the sign “Fack Ju Göhte” is contrary to accepted principles of morality

IPPT20200227, CJEU, Fack Ju Gothe

Trade mark law - CJEU Press Release: “By today’s judgment, the Court sets aside the judgment of the General Court and annuls the decision of EUIPO, both of which are broadly vitiated by the same errors. EUIPO must therefore give a fresh decision on the application for registration made by Constantin Film.

 

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UK will not be part of the UPC

IP10246

IAM: "The UK will not be a member of the Unified Patent Court system, the UK government has confirmed to IAM. In an email sent this evening, a spokesperson stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is …

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"HGF continues to expand with the announcement of two new Partners"

IP10245

"Trade Mark Attorney and European Trade Mark Attorney will join our Manchester office and Kerry Rees a European and UK Patent Attorney will join our London office as Partners on 24th February 2020. 

 

Kerry is a Patent Attorney with considerable experience drafting new applications, prosecuting applications in …

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EU tender copyright and new technologies

IP10244

European Commission: "The European Commission has launched a call for tenders for a study on copyright and new technologies. The time limit for receipt of tenders is 03/04/2020 16:00 hours CET (study reference: SMART 2019/0038).

 

The aim of the study is to help European creative industries unleash the potential …

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AI inventorship uncertainty because of EPO decision

IP10243
Article

Patent Strategy: "The EPO’s justification for refusing a patent application that had an artificial intelligence tool listed as the inventor does not provide enough clarity on the rules surrounding AI-generated inventions, according to in-house and private practice IP lawyers.

 

[...]

 

As one of the reasons …

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The Copyright Directive must be interpreted as not precluding a rebuttable presumption that the performer has authorised the exploitation of his performances

IPPT20191114, CJEU, Spedidam v INA

Trade Mark Law - Geographical Indications - The Copyright Directive must be interpreted as not precluding national legislation which establishes, as regards the exploitation of audiovisual archives by a body set up for that purpose, a rebuttable presumption that the performer has authorised the fixation and …

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Opinion A-G on copyright protection of a folding bicycle dictated by its technical function

IP10242
Case law

Copyright Case C- 833/18: Brompton Bicycle v Chedech. Opinion A-G Campos Sánchez-Bordona.

 

Copyright. The referring court must determine whether a bicycle whose folding system was protected by a patent which has now expired can be classified as a work eligible for copyright protection. According to the …

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Boswelan rightly declared revoked due to lack of genuine use as a trademark

IPPT20190703, CJEU, Viridis v EUIPO

Trade Mark Law - No genuine use of medicine during clinical trials in the case of a medicinal product which has not yet been granted a marketing authorisation, it is not even possible to advertise it in order to gain or maintain a market share, uses prior to imminent trading may be genuine use if they are external in …

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CJEU about 'unauthorised use of variety constituents’ of Article 13(2)(a) Community Plant Variety Rights Regulation

IPPT20191219, CJEU, Variedades Vegetales Protegidas

Plant Variety Rights - Planting of a protected variety and harvesting of the thereof, which is not liable to be used as propagating material may not be regarded as an ‘act of production or reproduction (multiplication)’ of variety constituents within the meaning of Article 13(2)(a) Community Plant Variety Rights …

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Google may refuse to accede to a request for de-referencing of personal data falling within the special categories only if it is strictly necessary for protecting the freedom of information of internet users

IPPT20190924, CJEU, GC v Google

Privacy - Prohibition of processing of personal data under Directive 95/46 applies to Google: subject to the exceptions provided for by the directive, Google has the obligation to comply with a request for de-referencing to web pages containing personal data. Google may refuse to accede to a request for …

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V.O. strengthens its position in Belgium

IP10241

From the press release: "Liège was incorporated into the office network of V.O. Patents & Trademarks today. V.O. now has two offices in Belgium - in Leuven and Liège - and eight offices in the Netherlands and Germany. Altogether, more than 60 specialists work in these ten offices, helping all kinds of …

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CJEU on lack of clarity and precision of the terms used to designate the goods and services and bad faith

IPPT20200129, CJEU, Sky v SkyKick

Trade mark law - A Community trade mark or a national trade mark cannot be declared wholly or partially invalid on the ground that terms used to designate the goods and services in respect of which that trade mark was registered lack clarity and precision: the lack of clarity and precision of the terms used to …

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