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JIPLP Express |
JIPLP Express
A rapid-read overview of the main items in this issue
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Current Intelligence |
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Patents
Justice, at last, in the archetypical patent entitlement dispute. The Court of Appeal has held that Cinpres was not estopped from succeeding in its entitlement claim, despite having failed in an earlier claim concerning the related application, and is the rightful owner of a disputed European patent. (p. 278)
Computer program claims held patentable in the UK. Where claims for computer-implemented methods and apparatus are valid, in principle an equivalent claim to the program itself should be allowable. (p. 279)
Trade marks
Parallel imports, repackaging of pharmaceuticals, and the forfeiture defence under Article 242 of the German Civil Code. Trade mark owners cannot legitimately oppose further commercialization of repackaged pharmaceuticals if they fail to object in a timely manner to a new type of repackaging after being notified of it by a parallel importer. (p. 281)
US Appeals court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for
Copyright
General
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State of the art |
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Significant 2007 case law on the Community trade mark from the ECJ and the CFI (p. 291)
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Practice Point |
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Post-termination use of licensed intellectual property by licensees (p. 305)
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Articles |
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The influence of the WTO Panel Decisions on international IP and on the national courts (p. 314)
The W***D C*P of 2*1*: FIFA's intellectual property rights in South Africa (p. 327)
Protection and conservation—TRIPs and CBD: a way forward (p. 334)
Psychoanalysis and politics in Greek trade mark law: the case of famous trade marks (p. 329)
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