Author: John Richards | Practices: , , , , , , , , | Tags: , , , , , , , , , , , , , , , , , , , , ,

IT’S 2018: THE IMPACT OF IP DECISIONS FROM 2017

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme Court. U.S. Supreme...

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UK SUPREME COURT DECISION IN ACTAVIS v. ELI LILLY – DOCTRINE OF EQUIVALENTS RECOGNIZED

In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement under UK patent law. The...

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COPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles).  This kept the period of protection for...

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CASE 168/09 FLOS SPA v SEMERARO CASA E FAMIGLIA SPA

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to...

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European “INTERMEDIARIES” MAY BE FORCED TO TAKE ACTIVE MEASURES AGAINST TRADEMARK INFRINGEMENT COMMITTED BY THIRD PARTIES

Recent cases in the Court of Justice of the European Union and the Court of Appeal of England and Wales have addressed the question of whether those who provide facilities to persons who infringe the trademark rights of others may themselves be...

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UK TO CONTINUE STEPS TOWARDS RATIFICATION OF UNITARY PATENT CONVENTION DESPITE BREXIT

The EU’s Unitary Patent Convention (see https://ladas.com/education-center/eu-unitary-patent-and-patent-court-2/) and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on ratification of...

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