In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/01/guest-post-remember-case-of-ai-weiwei-v.html With thanks to Hanne Kirk and her team at Gorrissen Federspiel (Denmark) for their overview of a fascinating case that may have passed readers by: As 2019 passes and 2020 begins, this GuestKat has one more post to share about an interesting Danish decision handed down in July, then... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/01/book-review-law-of-remedies-european.html The availability or not of certain remedies influences the scope of substantive rights. Moving from this consideration, this book analyses different mechanisms of enforcement, the debate on private versus public enforcement, as well the perspective of criminal law. After defining the scope of a ‘law of remedies’, this work... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/01/book-review-positive-freedom-and-law.html Positive Freedom and the Law by Kim Treiger-Bar-Am, a legal academic in Israel. In Western thought, the notion that freedom is merely the right to be left alone is inescapable. This book seeks to explore the alternative conception of freedom as a duty of respect toward the autonomy of others.... Continue reading
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