The IPKat BLOG – Page 244

In: The IPKat BLOG

A Creative Commons-Licensed Work Walks into a Copy Shop – Great Minds v. Office Depot

http://ipkitten.blogspot.com/2020/01/a-creative-commons-licensed-work-walks.html This copyKat is loving the printer! As 2019 came to a close, the Ninth Circuit Court of Appeals issued its decision in Great Minds v. Office Depot. Concerned the interpretation of permitted, non-commercial activity under the Attribution-NonCommercial 4.0 (CC BY-NC 4.0) license, this case resembles and is, in fact, intertwined with... Continue reading
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The IPKat congratulates two new IP silks

http://ipkitten.blogspot.com/2020/01/the-ipkat-congratulates-two-new-ip-silks.html The IPKat team [including Merpel, of course] send their hearty congratulations to two newly-minted QCs with appropriately silky IP skills: Andrew Norris (Hogarth Chambers), a trade marks specialist who was involved in (among others) the Jack Wills v House of Fraser and Fenty v Topshop cases; and James Segan (Blackstone Chambers),... Continue reading
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CRISPR hearing days 2-3: Board of Appeal poised to refer to the EBA?

http://ipkitten.blogspot.com/2020/01/crispr-hearing-days-2-3-board-of-appeal.html Twitter was awash today with news that the Board of Appeal in the CRISPR appeal case had referred questions on priority to the Enlarged Board of Appeal (EBA). However, these reports proved premature. None-the-less, there seems no doubt that the Board of Appeal are leaning towards a referral. The... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2020/01/never-too-late-if-you-missed-ipkat-last_15.html The Christmas and New Year holidays have passed. Do you still miss the cozy and happy season? Coming back to the office, you may find yourself busy planning your workload for the coming months. If you missed the IPKat posts last week, it is now time to catch up!... Continue reading
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An Infringement of IP Rights that is also a Breach of Contract is still an Infringement of IP Rights

http://ipkitten.blogspot.com/2020/01/an-infringement-of-ip-rights-that-is.html The distinction between liability in tort and for contractual breach can have various implications, depending upon the jurisdiction. For example, the statute of limitations, the available remedies, the procedural rules or the calculation of the financial compensation, may all differ as between these two heads of liability. Navigating the... Continue reading
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South Africa’s Constitutional Court rules on whether patent validity can be used as both a sword (revocation action) and a shield (infringement action) in patent proceedings

http://ipkitten.blogspot.com/2020/01/south-africas-constitutional-court.html Late in October last year, the Constitutional Court of South Africa (the ConCourt) handed down its decision on the appropriate default position in patent proceedings in Ascendis Animal Health (Pty) Limited vs Merck Sharp Dohme Corporation and 2 Others [2019] ZACC 41. The appeal raised the question of whether... Continue reading
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The Broad Institute’s CRISPR patent appeal hearing: Day 1, Setting the Stage

http://ipkitten.blogspot.com/2020/01/the-broad-institutes-crispr-patent.html Today was Day 1 of the Board of Appeal hearing on the validity of one of the Broad Institute’s patents relating to fundamental aspects of CRISPR technology. The simple question at the heart of the dispute between the Broad Institute and the opponents was summarised with admirable succinctness by... Continue reading
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Do we need a referral to the Enlarged Board of Appeal on the novelty of selection inventions?

http://ipkitten.blogspot.com/2020/01/do-we-need-referral-to-enlarged-board.html Attentive readers will be aware that today is the first day of the CRISPR Board of Appeal hearing at the EPO on the issue of priority. For readers unlucky enough not to be in attendance (and who also do not want to spend the day glued to twitter), IPKat will be... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2020/01/monday-miscellany.html It’s a Monday, it’s 2020, and of course the events and opportunities keep on coming! Here are all of the latest for you to put in your diaries. One of many exciting events to look forward to this year! Events EUIPO IP Case Law Conference 2020Following the resounding success... Continue reading
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Trade mark functions, repairs and collective marks: Dutch Supreme Court to refer questions to CJEU

http://ipkitten.blogspot.com/2020/01/trade-mark-functions-repairs-and.html In its first IP ruling of the new decade, the Dutch Supreme Court raised interesting questions on the interface between exhaustion, repairs and collective marks [decision here]. It has stated its intention to refer these questions to the Court of Justice of the European Union (CJEU) and will do... Continue reading