Category IP Law

Gilead Wins Sovaldi Domain Dispute Over Buyers’ Club Generic Sellers

Pharmaceutical company Gilead has made headlines in recent years for offering the hepatitis C drug Sovaldi that has helped many patients. And for the fact that it came with an eye-popping price tag. Perhaps in a sign of the times, Gilead this month won an open-and-shut case against a squatter on the domain name "sovaldi.eu," that was offering lower-priced generic versions of Sovaldi, including through links to "buyers' clubs" organised to obtain medicines more affordably. The website was called, "SOVALDI. The life-saving cure for Hepatitis C which nobody can afford." Was it a little act of rebellion, or just another internet opportunist?

Interview With Peter Vanderheyden, CEO Of Article One Partners

Article One Partners (AOP), the world leader in crowdsourced intellectual property research, is now into their 10th year. Intellectual Property Watch recently arranged an interview with Article One Partners CEO Peter Vanderheyden to get an update on how the company has evolved in response to the ever-changing IP landscape, and in light of their commitment to IP quality.

US May Extend Its Patent Damages Worldwide

On January 12, the US Supreme Court agreed to hear a case that could produce a major change in US patent law, with effects reaching far beyond America’s borders. At issue in WesternGeco LLC v. ION Geophysical Corp. is whether and when a US patent owner can collect infringement damages on a global basis.

Andrei Iancu Named US Patent And Trademark Office Director

By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO). The new Under Secretary of Commerce for Intellectual Property is currently managing partner of Irell & Manella LLP’s Los Angeles firm. The patent and trademark communities wished Iancu luck but said there are many issues at the agency that need his attention.

JPO Refused To Register Wordmark “ROMEO GIGLI” Due To Lack Of Consent From Italian Fashion Designer

In a recent decision, the Appeal Board of Japan Patent Office (JPO) refused to register trademark application no. 2015- 100245 for a red-colored word mark “ROMEO GIGLI” in gothic script (see below) designating goods of Class 24 and 25 on the grounds that applicant failed to obtain a consent from Italian fashion designer, Romeo Gigli, based on Article 4(1)(viii) of the Trademark Law, writes Masaki Mikami.

Julia Reda-Led Panel Discussion Reveals – Publishers’ Right Faces High Resistance From Academic Circles

The Greens/EFA Group in the European Parliament organised last autumn the panel discussion titled, “Better Regulation for Copyright: Academics Meet Policy Makers” in Brussels. This is an initiative that together with a recently published study questions whether national and EU neighbouring rights for publishers are actually lawful. The article below gives an overview of the panel discussion and movements that followed in the legislative process in Brussels, with a special focus on the press publishers right, writes Ines Duhanic.

Moving Landscape In The IP World – Organisations, Industry, Law Firms

The end of 2017 and start of 2018 brought a lot of changes in the global intellectual property arena. The World Health Organization underwent major changes in its leadership following a new head elected in May, UNAIDS has a new deputy executive director, the World Intellectual Property Organization is seeking a new leader of its Global Challenges division, and the Board of the Internet Corporation for Assigned Names and Numbers decided on a number of appointments. The European Patent Office elected a new president, and the industry world also saw its share of changes. The International Federation of Pharmaceutical Manufacturers and Associations welcomed some new faces, and the head of the Federation of the European Sporting Goods Industry is changing. Law firms saw a high level of revolving chair movements, and promotions of attorneys to partners.

EPO-EU Conference Examines Hot Topic Of Patentability Of Plants In Europe

The last couple of years have brought heated discussions in Europe on the patentability of plant innovations, leading to a recent amendment of patent application rules at the European Patent Office. Two major actors share this innovation landscape: the biotechnologists and the plant breeders, with similar but not identical needs for protecting their invention. A joint conference on innovation in the plant sector was held recently by the EPO and the Community Plant Variety Office.

Year Ahead: Copyright, Unified Patent Court Remain High On EU Priority List

Plans to update European Union copyright rules advanced in 2017 but remain contentious heading into the new year. The proposal for a directive on copyright in the digital single market is the subject of intense debate between the EU Presidency and the European Parliament, with no clear end in sight to the negotiations. Several issues, including a possible “ancillary right” for news publishers and a plan to force online platforms to filter all uploads to combat copyright infringement, remain unresolved.

Other copyright matters, such as a regulation on broadcasting and a review of the EU database directive, are in the works. On the patent side, a pressing question is whether – and when – the EU unified patent and patent court (UPC) might finally launch.

Several EU comprehensive trade agreements, which include provisions on intellectual property rights, are under negotiation.

Cases to watch in the European Court of Justice include a referral from the Netherlands on the issue of whether the taste of cheese can be copyrighted.

Libraries – A Trio Of European Court Rulings

In recent years, the Court of Justice of the European Union (CJEU), Europe’s highest court, has made three important rulings concerning digital library activities in Europe, Vincent Bonnet and Barbara Stratton write on the EIFL blog.