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JIPLP Express |
JIPLP Express
A rapid-read overview of the main items in this issue
| The first 10% of the full text of this article appears below. |
| Current Intelligence |
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Patents
The House of Lords clarifies the UK approach to obviousness. The House of Lords has confirmed that the courts should look to the patent claims and not the specification to identify the inventive step and determine obviousness. Cases where the obvious to try test is appropriate require a fair expectation of success which is to be assessed on the relevant circumstances. (p. 681)
Federal Circuit rejects proposition that arbitration agreement runs with the patent. The US Court of Appeals for the Federal Circuit rejected the proposition that an arbitration clause runs with the patent when it affirmed the district court's order denying the defendant/licensees' motion to dismiss or stay litigation pending arbitration where the assignee plaintiff was not a signatory to the patent licence agreement containing the arbitration clause. (p. 682)
Trade marks
Questions referred to the ECJ regarding use of
Copyright
Comparative advertising
General
| State of the Art |
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I object! The new company names adjudicator in the United Kingdom (p. 695)
| Articles |
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Case law of the EPO boards of appeal in 2007 (p. 708)
Stem cell patents on a knife-edge (p. 718)
Geographical indications and traditional knowledge (p. 732)