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To stay or not to stay?

The Patents Court has refused to stay English proceedings pending a final decision on validity in parallel proceedings before the European Patent Office, on the basis that a stay would preclude the timely determination of the infringement issues and, in the circumstances of the case, cause significant commercial uncertainty.

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The word mark YELLOW lacks distinctiveness

The Full Federal Court of Australia has decided that the word YELLOW wholly lacks distinctiveness as a trade mark for business directories, confirming that it is relevant to consider evidence of use of the sign in a particular trade when assessing the level of inherent distinctiveness possessed by a sign.

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Retention of ownership may prevent exhaustion

In its decision of 20 October 2015, the Brussels Court of Appeal had to rule on exhaustion of trade mark rights in a case with respect to printer cartridges. The court ruled that a contractual retention of ownership may bar exhaustion.

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A tale of whisky and sorrow: the Court of Justice says that misapplication of EU rules on exhaustion of trade mark rights is not a breach of public policy

The Court of Justice of the European Union (CJEU) has clarified that a misapplication of the EU provisions on the exhaustion of trade mark rights made in a judgment delivered in one Member State does not constitute an infringement of an EU essential rule; therefore, such a misapplication cannot be considered as a breach of public policy within the meaning of Article 34(1) of EU Regulation 44/2001 upon which to rely to oppose, with the result that the said misapplication cannot be relied upon as ground of opposition to the recognition of that judgment in another Member State where an action for damages was brought for the losses caused by the execution of an unjustified customs seizure of trade-marked products.

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Updated List Of Geneva Delegates Responsible For IP

Intellectual Property Watch - Fri, 07/29/2016 - 09:01
There are many, many committees, councils, panels, meetings, receptions, conferences, assemblies - not to mention countless private lunches, coffees and other contacts - during the year in Geneva that address policy issues related to intellectual property, innovation, research & development and the like. Intellectual Property Watch provides an indispensable, up-to-date list of who you need to talk to when you want to get the message across or follow the action.
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Olympic Games: Trademark Revenues Are High Stakes

Intellectual Property Watch - Fri, 07/29/2016 - 08:33
With a budget of over 2 US$ billion, the Brazilian Olympics rely heavily on commercial sponsors and licensing for revenue. Protecting the Olympic symbols is thus an imperative for the games with stringent rules on the use of those symbols and related signs. However, the fame of the event also draws covetousness from a variety of commercial actors seeking free rides, which is a dangerous endeavour, according to legal sources. Brazil adopted special rules for the occasion, while in the United States the protection is particularly stringent.
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Brexit Could Have Broad Impact On UK Audiovisual Sector

Intellectual Property Watch - Fri, 07/29/2016 - 08:10
It is too soon to say precisely what impact the United Kingdom's departure from the European Union might have on Britain's audiovisual sector, but among other things, Brexit could bring changes to the scope of copyright law and protections, rights clearance, online AV services and content creation, lawyers said.
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International Trademark Interoperability Projects Advance

Intellectual Property Watch - Thu, 07/28/2016 - 11:39
Projects aimed at creating a more interoperable international trademark system are moving forward, according to the US Patent and Trademark Office and the Japan Patent Office (JPO). Among those in the works are the USPTO-led TM5 ID List Project, which USPTO Commissioner for Trademarks Mary Boney Denison said will lead to faster processing of high-quality trademarks around the world.
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Summer Changes Make A Splash In The IP Community

Intellectual Property Watch - Thu, 07/28/2016 - 08:53
Over the summer months, people in the intellectual property world continue to circulate. UNITAID has changed heads, and other well-known figures in Geneva set off to new horizons. And no rest it seems for law offices, which maintained their usual level of moves between firms. Here is the latest on People in the IP community.
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MSF Hearing On Opposition To Pfizer Pneumonia Patent In India

Intellectual Property Watch - Thu, 07/28/2016 - 07:53
Médecins Sans Frontières (MSF, Doctors Without Borders) filed a patent opposition in March in India to prevent Pfizer from patenting a pneumonia drug and will defend its position in a hearing tomorrow at the Indian Patent Office.
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Libraries, Groups Welcome WIPO Copyright Appointment, With Hope

Intellectual Property Watch - Wed, 07/27/2016 - 17:14
A range of highly active groups at the World Intellectual Property Organization representing libraries, archives, and digital civil liberties this week welcomed the appointment of a copyright industry lobbyist to lead WIPO copyright issues. But they have voiced their hope that the appointee, Sylvie Forbin of France, will quickly show leadership on the promotion and support of the cultural heritage sector as it relates to copyright.
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US Senate Judiciary Chairman Questions High Cost Of Medicare Drug Coverage

Intellectual Property Watch - Wed, 07/27/2016 - 16:17
United States Senate Judiciary Committee Chairman Charles Grassley, an Iowa Republican, has demanded answers from the government Medicare programme regarding the rapid rise in costs of coverage of Americans’ prescription drugs. The demand follows a press report showing an extremely high climb in costs for the so-called “catastrophic coverage” program. “This program is an important […]
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Details Of September UN High-Level Meeting On Antimicrobial Resistance

Intellectual Property Watch - Wed, 07/27/2016 - 14:54
Details of the upcoming United Nations General Assembly High-Level Meeting on Antimicrobial Resistance (AMR) are coming clear after the preparation of a text laying out the specifics.
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Many Hepatitis C Patients Do Not Have Access To Medicines In India, Group Says

Intellectual Property Watch - Wed, 07/27/2016 - 10:16
Despite being the global leader of generic drug manufacturing, access to hepatitis C treatment in India remains out of reach for a large portion of the population, a civil society group has said in a new paper. The authors call for India to work on a national programme of prevention and treatment of hepatitis, and warn against voluntary licences developed by multinational pharmaceutical companies.
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MSF International Access Campaign Recruiting Executive Director Of Access Campaign

Intellectual Property Watch - Mon, 07/25/2016 - 11:45
The Médecins Sans Frontières (MSF) International Access Campaign is recruiting an Executive Director (ED) of the Access Campaign.
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UNCTAD’s Work On IP To Continue In Strengthened Four-Year Mandate

Intellectual Property Watch - Mon, 07/25/2016 - 08:57
NAIROBI, Kenya (IP-Watch) – Intellectual property rights related to trade and development will continue to be part of the United Nations Conference on Trade and Development (UNCTAD)’s programme work, according to an agreement on the organisation’s four-year mandate reached at the agency’s 14th session in Nairobi.
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UNDP Initiative Seeks Impact-Driven Entrepreneurs From 10 Developing Countries

Intellectual Property Watch - Mon, 07/25/2016 - 08:44
The United Nations Development Programme (UNDP) has launched a joint initiative with Impact Hub, an international community of social entrepreneurs. The initiative is a platform named "#Accelerate2030," aiming at supporting and promoting the most promising impact-driven ventures focusing on the UN Sustainable Developments Goals (SDGs).
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Report: Lifesaving New AIDS Drugs Remain Costly; Older Versions Get Cheaper

Intellectual Property Watch - Fri, 07/22/2016 - 08:57
DURBAN, South Africa - The international medical humanitarian organisation Médecins Sans Frontières (MSF) has found that prices of older HIV drugs continue to decline, but newer drugs largely remain expensive.
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Commitment On Investment In Access To Essential Medicines Signed At UNCTAD14

Intellectual Property Watch - Fri, 07/22/2016 - 08:17
NAIROBI, Kenya (IP-Watch) - A commitment signed this week to facilitate investment in Africa’s pharmaceutical industry is expected to boost the sector’s production and make available essential medicines for millions of needy people.
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New French Law Opens Market For Non-Profits Selling Public Domain Seeds

Intellectual Property Watch - Fri, 07/22/2016 - 07:24
New legislation on biodiversity has been adopted by the French National Assembly, opening doors for the sharing and selling of seeds in the public domain to amateur gardeners. For some associations that had been illegally trading public domain seeds, this is seen as a major victory. Prior to the newly adopted legislation, only seeds listed […]
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