Around the IP Blogs
Autumn is here, and the IPKat found some stories that are more delectable than pumpkin spice lattes.
Patent
Not exactly famous for its IP prowess, the U.S. Supreme Court is stepping up its IP game this term. It is confirmed to hear a whopping six IP cases and considering many more. The first one up for oral argument is Peter v. NantKwest and the IPWatchdog has all the details.
The U.S. Federal Circuit has been rebuilding its obviousness doctrine for several years, and recently ruled that the prior art cited must show efficacy in order for an obviousness claim of a pharmaceutical patent to prevail. Patently-o has the full story.
Updated guidelines for examination are coming to the European Patent Office. Kluwer Patent Blog lists the top 10 changes to look out for.
Copyright
Senator Thom Tillis sent a letter to the U.S. Librarian of Congress and Register of Copyright back in August amid growing concerns that the U.S. Copyright Office has become antiquated and out of touch with the needs of modern users. IPWatchdog summarized the response Senator Tillis received last week.
Trademark
IPTango reported that the Peruvian Ministry of External Relations is appealing a ruling of the Court of First Instance of Thailand. In Thailand, Peru is the exclusive denomination of origin for pisco, but the court ruled that "Chilean Pisco" can also be used.
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| Can someone kindly explain denomination of origin to Butterscotch photo credit: www.itsdrinkoclock.com |
A home improvement and gardening retailer was sued for trademark infringement consisting of illegal parallel imports from North America to the EU of branded axes. Citing ample CJEU case law, the Czech Supreme Court held that mere ownership of an intellectual property right does not per se result in dominant position on the market. More on Kluwer Trademark Blog.
Constitutions and IP
Kluwer Patent Blog published an interesting think piece on constitutional matters and IP in Germany, the UK, and the EPO. The author desires some reorganization of the EPO and the establishment of an independent, effective judiciary.
