Insights
EPO rules plants and animals exclusively obtained by essentially biological processes not patentable
By AWA | Posted on May 18, 2020
It has been clear that essentially biological processes for the production of plants or animals are explicitly excluded from patentability under Article 53(b) EPC. However, patentability of products of the essentially biological processes, such as plants and animals, has been questioned and repeatedly visited by the Enlarged Board of Appeal in recent years. On 14...
Filed under: Insights
Tags: animals, biological, Board of Appeal, EPO, interpretation, patents, plants
What patent protection does Gilead’s COVID-19 treatment Remdesivir have?
By Anders Heebøll-Nielsen, Michael Bech Sommer | Posted on April 30, 2020
On 29 April 2020 Gilead announced that its drug Remdesivir has a positive effect in the treatment of COVID-19 from a phase three trial of the drug. The investigation was so successful that for ethical reasons it was “unblinded” – the effect observed was so significant that retaining the group on placebo would prevent those...
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Tags: applications, Coronavirus, COVID-19, Gilead, IPR protection, patents, PCT, Remdesivir
WIPO panel finds that Danish start-up Acubit engaged in reverse domain name hijacking
By AWA | Posted on April 29, 2020
Technology start-up Acubit claimed that Danish trademark rules and practice should assign domain names to the relevant trademark owner. A panel from the WIPO Arbitration and Mediation Centre disagreed, as the UDRP governs in case of reverse domain name hijacking. Background Founded in 2016, Acubit A/S is a Danish start-up, which develops technology to locate people and objects around...
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Tags: Bad faith, Denmark, domain hijacking, domains, mediation, trademarks, UDRP, WIPO
China-Norway patent prosecution highway pilot launches
By AWA | Posted on April 20, 2020
A memorandum between China and Norway will speed up and reduce costs when applying for patents On April 1, the China-Norway Patent Prosecution Highway (PPH) pilot began and is in effect until March 31, 2023. A memorandum of understanding was signed between the China National Intellectual Property Administration (CNIPA) and the Norwegian Industrial Property Office...
Why China’s computer software copyright registrations are increasing
By Ai-Leen Lim | Posted on April 20, 2020
Statistics show a sharp rise in copyright registrations for computer software in China, which can provide an additional layer of protection alongside patents The National Copyright Administration of the People’s Republic of China (NCAC) released last year’s filing data earlier this month. In 2019, there was a 21% year-on-year increase in copyright registrations with the...
Filed under: Insights
Tags: china, computer, copyright, IP, patents, programmes, Software
China further curbs bad-faith trademark applications
By Ai-Leen Lim | Posted on April 20, 2020
Provisions enacted alongside China’s recently amended Trademark Law seek to effectively regulate bad-faith trademark filings including penalties through the nation’s social credit system In response to the bad-faith application regime, the China National Intellectual Property Administration (CNIPA) published Several Provisions for Regulating the Application for the Registration of Trademarks (Draft) on February 12, 2019. The...
Tags: applications, Bad faith, china, CNIPA, IP, malicious, registration, trademarks
Balmain case highlights risk of using specialised public with low distinctive character marks
By AWA | Posted on April 20, 2020
Balmain’s appeal to the General Court demonstrates that applicants should not rely on a specialised public for goods or services when applying for a trademark Background Balmain is a French luxury fashion house founded in 1945, which operates globally across 16 stores. In addition to its iconic logo and coat of arms, Balmain uses a lion’s...
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Tags: Balmain, enforcement, EU, General Court, IP, trademarks
Protecting against digital trademark infringement
By AWA | Posted on March 31, 2020
Over the past few years, digitalisation has brought immense business opportunities with new commerce concepts and marketing possibilities constantly appearing. Digital development also creates vulnerability and increases threats to businesses. If companies fail to protect themselves, they risk brand dilution and losing market competitiveness. In a recent survey from trademark research and protection organisation CompuMark,...
Tags: advertising, digital assets, domain hijacking, domain names, Infringement, social media, trademarks, UDRP
German Court finds Unified Patent Court legislation unconstitutional
By Niklas Mattsson | Posted on March 20, 2020
Today, the court tasked with upholding Germany’s constitution, the Bundesverfassungsgericht, has issued its long-awaited decision on a complaint against ratifying the Unified Patent Court Agreement (UPCA). The Court’s decision upholds the complaint, finding that the German legislative act that ratifies the UPCA does indeed contravene the German constitution. The German Federal President is now prohibited...
China’s upcoming amendments to the Patent Law include punitive damages
By AWA | Posted on March 19, 2020
Last year saw a wave of legislative activity in China. The effects are being felt as different pieces of legislation become effective. The resonating theme is that China is putting an IP protection framework in place that meets the demands of both foreign parties and domestic entities. This can be seen in particular with the...
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Tags: china, Infringement, IPR, ISPs, patents, PRC Patent Law, punitive damages
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