http://ipkitten.blogspot.com/2020/07/around-ip-blogs_12.html
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Have you been out, enjoying the summer sun? We bring you a recap of the latest news from around the IP blogosphere.
Patents
A recent decision by the US government to buy out all the existing stock of the remdesivir drug has been discussed by blogs regarding its IP-related aspects. For instance, SpicyIP analysed how this decision may affect developing countries with no production capacity (and a high rate of covid-19 infections). Readers interested in the broader topic of the relationship between covid-19 and IP may check the dedicated hashtag that the IPKat is using for covid-19 related posts.
The German Federal Court of Justice announced that Judge Tim Crummenerl will join the 10th Civil Senate of this court. The Juve Patent blog brought this news and looked into the most prominent cases that Judge Crummenerl decided while at the Regional Court of Dusseldorf.
Kluwer Patent Blog reported on a pharma patent case in which the Italian Court of Appeal awarded EUR 1,5 million damages. The case involved MSD, a pharma company, and its generic competitor Teva, and originated from. The question at issue was whether Teva´s move to file a nullity claim against MSD´s patent several days prior its expiry was a disguised strategy aimed at early entry at the market with a generic product by casting doubts on the validity of the competitor’s patent.
Trade marks
Eric Goldman criticised on his blog the decision by the U.S. Supreme Court in UPSTO vs. Booking.com [also analysed here by the IPKat]. As devoted IPKat readers will recall, the Supreme Court recently ruled that signs, consisting of a generic term followed by .com, were not necessarily generic and under appropriate circumstances may be registered as a trade mark.
Marques Class 46 prepared an analysis of the recent rules setting out the criteria for determining trade mark infringement as issued by the China National Intellectual Property Administration. These 38 rules aim at harmonising enforcement practices across China and touch upon issues such as use of a trade mark, comparison of goods and services, and conflict with other IPRs.
Other
The JIPLP blog announced a call for articles for a special JIPLP issue on geographical indications. The deadline for submissions is November 30, 2020 and further details are included in the JIPLP´s announcement.
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