Around the IP blogs

What can be better than a Sunday stuffed with easter eggs? A Sunday stuffed with easter eggs and IP news…

On 28 March 2020 amendments to Germany’s Act on the Prevention and Control of Infectious Diseases in Humans (Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen – Infektionsschutzgesetz) came into force. This measurement was taken in view of the COVID-19 pandemic. Inter alia, the amended confers upon the Federal Ministry of Health additional powers to control the epidemic situation, including the competence to order limitations on patents. Kluwer Patent Blog reports on all the details of the amendment and what it means for patents.

A preliminary injunction, based on alleged infringement of a Standard Essential Patent, held by a Non-Practicing Entity, was dismissed by the Hague Court of Appeal on 17 March 2020.  This was based on a balancing of interests, without an assessment of validity and infringement of the patent in suit, and without assessment of FRAND-related obligations. Kluwer Patent Blog provides the full details of this matter between of Sisvel and Xiaomi.

A ruling on employees’ inventions, with reference to the right to fair compensation, was delivered by the Italian Supreme Court issued on 20 January 2020. Three different situations for employees’ inventions were discussed in the case. EPLaw discusses the calculation of fair compensation of employed inventors, as provided for in the judgement.

Can patents and trade secrets co-exist? In the midst of all the COVID-19 associated disruption, the Delhi High Court has rendered an important decision on the interplay between trade secrets and patents with potential far reaching consequences. Spicy IP reports on the decision.

The USPTO Director has authority to extend deadlines to account for the current COVID-19 emergency in terms of the CARES Act. In short, most prosecution deadlines between March 27 and April 30 are eligible for a 30-day extension if filed with a statement that the delay “is due to the COVID-19 outbreak” and some party involved with the prosecution “was personally affected.” Patentlyo provides all the necessary information.  

In light of the COVID-19 crisis, Austria adopted legal measurements to extends deadlines. Kluwer Trademark Blog provides information on deadlines that are extended.  

Is storing infringing goods enough to give rise to trademark liability? In a highly-anticipated decision involving Amazon and the German arm of cosmetics giant Coty, the European Union’s held that it is not enough for an e-commerce platform operator, such as Amazon, to merely store and distribute orders consisting of unauthorized or infringing goods in order to be found liable for trademark infringement. The Fashion Law provides all the information of this judgement.

A student and a professor, who reproduced certain parts of the student’s work without the student’s consent, met in the Spanish Supreme Court. The issue of originality of academic works was addressed. The Court also provided guidance on authorship of a University work. Kluwer Copyright Blog reports on the ruling.

The implementation clock of the CDSM Directive is ticking. The new directive on copyright in the digital single market entered into force on 7 June 2019, giving the Member States two years to implement its provisions. CREATe reports on the Member States’ progress on the implementation of the Directive.  

Oracle is partnering with the White House to study unproven pharmaceuticals for treating COVID-19. WrittenDescription unpacks this story and shares their thoughts in a short explainer.