 Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 26 journals)
|
|
|
- Future gazing in a time of global crisis
- Authors: Burbidge R.
Pages: 765 - 766
Abstract: There is no doubt that we are living through an unstable time. The pandemic has changed daily life for everyone. Politics are far from stable – this impacts many things, not least international trade. The origins of established brands are coming under the microscope. The economic good times (such as they were in the wake of the global financial crisis) are over.
PubDate: Mon, 07 Dec 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa133
Issue No: Vol. 15, No. 10 (2020)
- Lundbeck v Commission: AG Kokott’s Opinion gives guidance on the
enforcement of competition rules on pay-for-delay agreements- Authors: Giannino M.
Pages: 767 - 769
Abstract: Opinion of Advocate General Kokott of 4 June 2020, Case C-591/16 P, H. Lundbeck A/S and Lundbeck Ltd v European Commission, EU:C:2020:428
PubDate: Mon, 09 Nov 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa142
Issue No: Vol. 15, No. 10 (2020)
- Limiting liability for trade mark infringement online: the CJEU further
clarifies the scope of ‘trade mark use’- Authors: Trapova A.
Pages: 769 - 770
Abstract: Court of Justice of the European Union, Case C-684/19 mk advokaten GbR v MBK Rechtsanwälte GbR (2020) EU:C:2020:519
PubDate: Sun, 16 Aug 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa139
Issue No: Vol. 15, No. 10 (2020)
- The shape of a boot is not distinctive for footwear-related goods in Class
25—no matter how iconic it is- Authors: Pezza F.
Pages: 770 - 772
Abstract: EUIPO First Board of Appeal, R 1093/2019-1, Shoes (3D), 18 May 2020
PubDate: Wed, 26 Aug 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa140
Issue No: Vol. 15, No. 10 (2020)
- Settling the debate of territoriality versus universality: a relief for
domestic traders in the era of globalization- Authors: Bhardwaj T; Mittal A.
Pages: 772 - 773
Abstract: Keller Williams Realty Inc v Dingle Buildcons Pvt Ltd & Ors, CS (COMM) 74/2019, Delhi High Court (17 April 2020)
PubDate: Mon, 09 Nov 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa141
Issue No: Vol. 15, No. 10 (2020)
- European Court of Human Rights rules that collateral website blocking
violates freedom of expression- Authors: Izyumenko E.
Pages: 774 - 775
Abstract: Vladimir Kharitonov v Russia, No 10795/14, 23 June 2020, CE:ECHR:2020:0623JUD001079514
PubDate: Fri, 23 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa135
Issue No: Vol. 15, No. 10 (2020)
- Clip, cut and score' Maritime and Commercial Court of Denmark rules in
landmark case concerning copyright infringement and artists’ rights- Authors: Kohli V.
Pages: 776 - 777
Abstract: Tal Rosenzweig v Kanske Denmark ApS, Sag SH2019.BS – 51005/2019 (2019) Maritime and Commercial Court of Denmark, 2 December 2019
PubDate: Wed, 21 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa136
Issue No: Vol. 15, No. 10 (2020)
- US court denies Newsweek’s motion to dismiss photographer’s
infringement claim- Authors: Purohit N.
Pages: 777 - 779
Abstract: McGucken v Newsweek LLC et al, No 1:2019cv09617—Document 35 (SDNY 2020)
PubDate: Mon, 10 Aug 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa137
Issue No: Vol. 15, No. 10 (2020)
- CJEU rules that notion of ‘address’ in the Enforcement Directive is
limited to one’s own postal address- Authors: Rosati E.
Pages: 779 - 781
Abstract: Court of Justice of the European Union, Case C-264/19, Constantin Film Verleih GmbH v YouTube LLC and Google Inc., EU:C:2020:542, 9 July 2020
PubDate: Thu, 10 Sep 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa138
Issue No: Vol. 15, No. 10 (2020)
- Inventive step through the lens of neuroscience
- Authors: Ackermann M.
Pages: 782 - 786
Abstract: The authorDr Markus Ackermann is a patent attorney with TER MEER STEINMEISTER & PARTNER in Munich, Germany.This articleThis article looks at the EPO, German and UK case law concerning inventive step from the point of view of neuroscience.In order to determine whether an invention is obvious to a person skilled in the art, a neuroscientist would analyse that person’s learning and memory and make predictions based on these factors, but this determination may be different from common tests for inventive step.
PubDate: Thu, 10 Sep 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa111
Issue No: Vol. 15, No. 10 (2020)
- Patentability of complementary DNA in the Russian Federation
- Authors: Kupriianov A.
Pages: 787 - 790
Abstract: The authorArtemii Kupriianov has received his LLM from the University of Illinois at Urbana–Champaign (USA) and is currently an Associate at Versus.legal LLC (Saint Petersburg, Russia).This articleThis article analyses the patentability of a synthesized cDNA invention in Russia.The author comes to the conclusion that artificially created strands of complementary DNA can fall within the scope of the patent law of the Russian Federation despite the obvious discrepancies existing in the current legislation.The article does not cover the questions of novelty, usefulness and non-obviousness of the invention.
PubDate: Wed, 14 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa115
Issue No: Vol. 15, No. 10 (2020)
- Patent infringement evaluation and liability of e-commerce platforms in
China- Authors: Chen J; Li W.
Pages: 791 - 799
Abstract: The authorsJiajv CHEN is a postgraduate student at Zhejiang University of Finance and Economics. Wei Li is doctoral tutor and professor in civil and commercial law at Zhejiang University of Finance and Economics.This articleIn China, the rapid development of science and technology has created the conditions for imposing an obligation on e-commerce platforms to undertake a certain degree of patent infringement evaluation. The extent of such obligation has been clarified by legislation, and the establishment of systems of protection has become an inevitable requirement for the future development of e-commerce platforms.From the perspective of the current legislative trend in China, the establishment of patent infringement evaluation obligations for e-commerce platforms has become a necessity. The traditional idea that e-commerce platforms do not have any active obligation has been rejected. e-commerce platforms should conduct a preliminary evaluation on whether the ‘patented’ commodities presented and sold by merchants are counterfeit.
PubDate: Thu, 10 Sep 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa117
Issue No: Vol. 15, No. 10 (2020)
- Canadian implied renunciation theory with an implied licence-basis for
recognizing the purchasers’ rights to patented products- Authors: Sumi S.
Pages: 800 - 806
Abstract: The authorShuji Sumi, LL.M., is formerly a registered Japanese Patent Attorney and Canadian and US Patent Agent.This articleThis article discusses conceptually recognized purchasers’ rights to patented products in Canada. The purchasers’ rights justify their use and resale of the patented products without infringing the vendor’s patent.Traditionally, the purchasers’ rights were described by implied licences. The Federal Court of Appeal referred to UK jurisprudence and acknowledged implied licences. Subsequently, the Supreme Court of Canada referred to UK cases explaining the basic concepts of the implied licence theory. Despite the fact that the Supreme Court did not use the terminology of ‘implied licence’, the Supreme Court described the purchaser’s right in a language very similar to the UK cases.The Supreme Court ruled that by selling a patented product, the patentee impliedly renounces the exclusive right to use and sell the invention under the patent with respect to the patented product. Therefore, rationale for the purchaser’s use and resale of a patented product has shifted from an implied licence to ‘implied renunciation’ of the exclusive right. However, the basis of the Canadian theory is still an implied licence, not exhaustion of patent rights.
PubDate: Sun, 23 Aug 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa116
Issue No: Vol. 15, No. 10 (2020)
- One year of filtering before the Court of Justice of the European Union
- Authors: Gentile A.
Pages: 807 - 810
Abstract: The authorAntonella Gentile is an IP lawyer. She holds an LLM in European Intellectual Property Law from the University of Stockholm and currently works as an IP specialist for the Assa Abloy Group.This articleThis article provides an overview of the procedural reform that was introduced a year ago for appeals of decisions of the General Court of the European Union which are themselves on appeal from decisions of an independent Board of Appeal.The article analyzes the orders of the Court of Justice of the European Union (CJEU) based on this reform in the year following it. The analysis will use an empirical approach. The analysis allows us to draw certain conclusions about the possible future development of CJEU case law.
PubDate: Mon, 31 Aug 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa118
Issue No: Vol. 15, No. 10 (2020)
- Noticeably different' Consequences of the DSM Directive’s OCSSP
liability regime on DSPs active in the EU and the US- Authors: Klobučník L; Lu T.
Pages: 811 - 822
Abstract: The authorsLucius Klobučník is a Marie-Curie Early Stage Researcher (PhD student) at the Centre for Commercial Law Studies, Queen Mary University of London and Max Planck Institute for Innovation and Competition in Munich. Lucius holds LLM degrees from Comenius University in Bratislava and the University of Helsinki. Thomas Y. Lu is an Assistant Professor at the Department of Business Management at National Sun-Yat Sen University, Taiwan. Thomas Y. Lu obtained a JSD degree from the Washington University School of Law.This articleThis article provides a legal assessment of the costs and benefits of the online content sharing service providers’ (OCSSP) liability provisions in the European Union (EU) Copyright in the Digital Single Market (DSM) Directive by way of comparison with the Digital Millennium Copyright Act (DMCA) in the USA. Particular attention is paid to the implementation of the definition of OCSSPs; the liability of OCSSPs for copyright infringement; the requirement for increased cooperation between OCSSPs and rightholders; and to DSM Directive’s special regime for ‘small and new services’.Our cost and benefit analysis reveals inter alia that: a higher number of start-ups will see benefits to their competitiveness in the OCSSP industry; copyright holders will have more solid protection and will be more likely to use large platforms; the breadth of the OCSSP definition might lead to higher administrative and litigation costs in the EU Member States.This article assesses how policies of OCSSPs active in the EU and the US will have to be adjusted. It also provides recommendations for EU Member States in the DSM Directive implementation phase. We maintain that the OCSSP definition could have been more function-oriented and we recommend that EU national legislators and courts interpreting these provisions use less vague terms and take into account more factors when defining OCSSPs. Additionally, criteria for ‘small and new services’ ought to be re-evaluated and incentives of large platforms should also be considered.
PubDate: Fri, 23 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa120
Issue No: Vol. 15, No. 10 (2020)
- Towards the EU Directive on copyright in the Digital Single Market: from
the hosting provider liability in the RTI/Yahoo case to its critical
implementation in Italy- Authors: Iaia V.
Pages: 823 - 828
Abstract: The authorVincenzo Iaia is a PhD fellow in Law and Business at Luiss University in Rome and a teaching assistant of Business and Industrial Law at the University of Bari.This articleThis article focuses on one of the most relevant Italian judgments concerning hosting providers’ liability for copyright infringement.In 2019, the Italian Supreme Court distinguished between active and passive hosting providers, excluding the former from the safe harbour protection provided for in Article 14 of the E-commerce Directive 2000/31 and its Italian equivalent provision. The judgment anticipated the higher standards of diligence set out in Article 17 of the EU Directive on Digital Single Market 2019/790 (DSM Directive), which introduced a direct liability regime for content sharing service providers into EU copyright law.This article also analyses some critical aspects concerning the implementation of the DSM Directive in Italy.
PubDate: Thu, 24 Sep 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa121
Issue No: Vol. 15, No. 10 (2020)
- Biodiversity and the patent system: the Brazilian case
- Authors: Belisário Zorzal P; Curi Hauegen R, Pires Pimenta F.
Pages: 829 - 837
Abstract: The authorsPoliana Belisário Zorzal is affiliated to Centro de Desenvolvimento Tecnológico em Saúde (CDTS) - Fundação Oswaldo Cruz, Intituto Nacional de Ciência e Tecnologia de Inovação em Doenças Negligenciadas (INCT-IDN) and; Instituto de Biologia Molecular do Paraná (IBMP).Renata Curi Hauegen is affiliated to Centro de Desenvolvimento Tecnológico em Saúde (CDTS) - Fundação Oswaldo Cruz, Intituto Nacional de Ciência e Tecnologia de Inovação em Doenças Negligenciadas (INCT-IDN).Fabricia Pires Pimenta is affiliated to Instituto Carlos Chagas (ICC) - Fundação Oswaldo Cruz, Intituto Nacional de Ciência e Tecnologia de Inovação em Doenças Negligenciadas (INCT-IDN).This articleBiological resources have been used as a model for the development of commercial products based on natural products and processes. Although these genetic resources and the associated traditional knowledge were once freely appropriated, the Convention on Biological Diversity recognized national sovereignty through biodiversity under a country territory.Access and use of Brazilian biodiversity are regulated by a relatively new legal framework in Brazil, which requires disclosure of activities when filing for a patent. Foreign researchers can be unaware of, or confused about, the legal requirements related to patent applications when using Brazilian bioresources.In this context, we present the requirements set out in the Brazilian Biodiversity Law for patent applications filed with the National Institute of Industrial Property of Brazil (INPI). We argue that the Brazilian example should be studied by other countries and that its past experiences can lead towards an international harmonization around the subject matter.
PubDate: Fri, 23 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa125
Issue No: Vol. 15, No. 10 (2020)
- The moral rights of the artists in Oslo’s Y-Block: Can a case against
the demolition be made under copyright law'- Authors: Sundara Rajan M.
Pages: 838 - 846
Abstract: When the celebrated sculptures embedded in the walls of downtown Oslo’s Y-Block government buildings were damaged in an infamous terrorist attack in 2011, the city’s leaders faced the difficult task of how best to address the harm. The sculptures were designed by Pablo Picasso and ‘translated’ to this concrete surface by his long-time collaborator, Norwegian artist Carl Nesjar.11The Fisherman is located on an exterior wall of the building, while The Seagull is a smaller work in the lobby.22 In her 2015 obituary of Carl Nesjar, which appeared in the New York Times, Margalit Fox noted that Nesjar
PubDate: Wed, 07 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa129
Issue No: Vol. 15, No. 10 (2020)
- A welcome contribution to the study of pharmaceutical patent law and
policy- Authors: Upreti P.
Pages: 847 - 848
Abstract: Drugs, Patents and Policy: A Contextual Study of Hong Kong Bryan Mercurio Cambridge University Press, 2018 ISBN : 9781316512340, Hard cover, pp. 234 Price: £85
PubDate: Sat, 17 Oct 2020 00:00:00 GMT
DOI: 10.1093/jiplp/jpaa112
Issue No: Vol. 15, No. 10 (2020)
|
Hybrid journal (It can contain Open Access articles)
