Category IP Law

Navigating Fragmented Laws And Systems Around Tobacco Packaging Lawsuits

Sitting between different rights, powers and principles at the intersection of differing legal regimes is the case of Philip Morris v Uruguay. The case, which concerns Uruguayan regulations that impose enlarged graphic health warning requirements on tobacco packaging and reduce the varieties of a tobacco brand that can be sold, has since its decision in July this year by an investor-state arbitration tribunal, has caused much discussion among legal practitioners and academia and attracted broader public attention.

Alexandra Nightingale
November 3, 2016

US High Court Puts Unreasonable Delay On Trial

On its face, the case is a humdrum, procedural dispute about a patentee’s delay in filing an infringement suit. But if the Supreme Court rules the way most experts expect, the decision will significantly enhance the power of patent trolls and others alleging patent infringement, and it will harm many companies doing business in the US – especially companies in the tech sector. Much hangs in the balance on 1 November, when the Supreme Court hears oral arguments in SCA Hygiene Products AG v. First Quality Baby Products, LLC.

Steven Seidenberg
October 21, 2016

EU Patent Court Launch Uncertain But Will Happen, Says Preparatory Committee Chief

LONDON -- Britain's vote to leave the European Union is just another “speed bump” along the path to a European unified patent and patent court, the head of the committee tasked with preparing the way for the new system said during a lively session at the 13 October London IP Summit. Others aren't so sure, since Brexit has raised many complex questions, not least of which is whether there is the political will in the UK or EU to move ahead.

Dugie Standeford
October 13, 2016
1 Comment

German High Court Paves Way For Government To Sign CETA, Hands Down Conditions

The German Constitutional Court in a fast-track decision today rejected the granting of emergency injunctions against a German signature of the Comprehensive Economic and Trade Agreement (CETA) of Europe with Canada.

Monika Ermert
October 13, 2016
1 Comment

Partial Revocation Of EPO Patent On Sofosbuvir, Key For Hepatitis C

Following a public hearing at its headquarters in Munich, the European Patent Office (EPO) decided to reject in part the arguments made by Gilead Sciences to uphold their patent on sofosbuvir, according to a non-profit group.

US Supreme Court To Decide If USPTO Refusal To Register Trademarks Breaches Free Speech

The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.

Dugie Standeford
September 30, 2016
1 Comment

Gurry Speaks On Allegations For First Time As WIPO Members Discuss Actions

Heading into next week’s annual UN World Intellectual Property Organization General Assemblies, WIPO member states are considering a report from the United Nations investigations office regarding allegations of wrongdoing made involving WIPO Director General Francis Gurry. And for first time since the allegations arose, Gurry has offered his defence. Spoiler alert: he neither confirmed nor denied it but raised questions about the legality of sharing the report with member states.

William New
September 30, 2016
5 Comments

Albania, Montenegro Amend IP Legislation With EU Bids In Mind

In a bid to push forward their ongoing membership negotiations with the European Union, two Balkan States have moved to further harmonise their intellectual property regulations in line with EU legislation. Albania's new copyright law will enter into force this October, and Montenegro's amended legislation on trademarks, industrial design and topographies of semiconductor products entered into force last July.

Jaroslaw Adamowski
September 19, 2016

IP Judges In Developing Countries Hand-Tied By Local Laws, Justice Says

Enforcement of intellectual property rights can be unbalanced in developing countries because local laws are crafted in a way that makes it difficult for judges to bring balance in their rulings, a former justice from South Africa told the World Intellectual Property Organization last week.

Catherine Saez
September 13, 2016

Hyperlinks Can Infringe Copyright If Commercial, European High Court Says

A hyperlink on a website that links to copyrighted material and does not have the rights holder's consent may be allowable if for non-commercial purposes, the Court of Justice of the European Union said today. But it may infringe copyright if linked for profit and with knowledge of the lack of permission to link it, it said.

William New
September 8, 2016
3 Comments

How Will Brexit Process Resolve Japan’s Concerns About IP In The UK?

Japan's worries about how intellectual property registered in the EU by companies operating in the United Kingdom will fare after Brexit are potentially valid but depend on how the UK's exit from the EU is handled, according to a UK IP attorney following the issue. One question will be whether, and how, EU trademarks and designs can be re-registered in the UK.

Dugie Standeford
September 8, 2016
2 Comments

Specialized IP Courts: Recognizing Country-Specific Needs Is Complex

In light of the growing global “innovation market” and the rapid development of technologies, countries have reviewed and modernised their judicial systems to address the increase in intellectual property issues. Notably, the establishment of specialized IP courts has been a prominent feature of judicial mechanisms to resolve IP disputes.