My daily runs - interrupted by a chest infection in recent weeks, but now restarted - often take me past the Harwell Campus, which must be one of the most important concentrations of technology b...
http://ipso-jure.blogspot.com/2023/11/the-privatisation-of-everything.html
Once, Silent Witness was one of the better crime dramas on television, but as some point a few years ago (after changes to the cast had already made it a shadow of its original self) it seemed to...
http://ipso-jure.blogspot.com/2023/03/inferring-access-when-establishing.html
Australia has phased out its innovation patent system, following legislative changes to the Patents Act 1990 (Cth). The final day for filing a new Australian innovation patent is 25 AUGUST...
http://ipso-jure.blogspot.com/2021/08/end-of-line-for-australian-innovation.html
The idea that the TRIPS agreement should be waived (just a little) to remove IP protection from Covid vaccines, first raised by India and South Africa a few weeks ago, has new momentum followin...
http://ipso-jure.blogspot.com/2021/07/trips-waiver-many-academics-sign-open.html
The Unified Patent Court, which will bring much-needed consistency to patent litigation in Europe (but which the UK will do without), has already faced problems in Germany once: back in March 201...
http://ipso-jure.blogspot.com/2021/07/unified-patent-court-agreement-not.html
The UK government has launched a consultation on the future regime for the exhaustion of IP rights. The consultation is open for responses from 7 June to 31 August 2021. It is going to be a cruci...
http://ipso-jure.blogspot.com/2021/07/ipo-launches-consultation-on-exhaustion.html
The government recently announced a post-implementation review of the changes made to s.72 five years ago. S.72 creates what the government (though the IPO) tells us is "an exception to copy...
http://ipso-jure.blogspot.com/2021/07/post-implementation-review-of-s72-cdpa.html
When a patent is held to be invalid for want of novelty or inventiveness, a party which has suffered loss by being denied access to cheaper products cannot get damages on the basis that their los...
http://ipso-jure.blogspot.com/2021/07/secretary-of-state-v-servier-supremes.html
The Guardian today reports that the open-source mapping project OpenStreetMap, described as "Wikipedia-for-maps", is contemplating relocating from the UK to somewhere that is still in the EU. Al...
http://ipso-jure.blogspot.com/2021/06/openstreetmap-identifies-catastrophic.html
In an action for infringement of the trade mark CRYPTOBACK (Wirex Ltd v Cryptocarbon Global Ltd & Ors EWHC 617 (IPEC) (16 March 2021)) the defendants argued that they had earlier rights to the ...
http://ipso-jure.blogspot.com/2021/03/counterclaim-for-invalidity-based-on.html
As everyone knows (well, perhaps not quite everyone), the doctrine of exhaustion tells us that once the owner of intellectual property rights of any type has put goods on a market, those rights...
http://ipso-jure.blogspot.com/2021/03/parallel-imports-and-trade-marks-after.html
Having spent time today delving into some more of the darker corners of the changes to intellectual property law that Brexit has foisted on us, and also having had an e-mail conversation with a f...
http://ipso-jure.blogspot.com/2021/03/comparable-trade-marks-pre-brexit-use.html
I have been looking in detail at the legislation that deals with intellectual property rights in the context of Brexit, and finding it even more complicated than I had expected. So I thought I wo...
http://ipso-jure.blogspot.com/2021/03/sui-generis-database-rights-in-uk.html
What happens when ex-employees of a competitor bring client information with them when they go to work with a new employer? In Travel Counsellors Ltd v Trailfinders Ltd EWCA Civ 38, the Court o...
http://ipso-jure.blogspot.com/2021/01/travel-counsellors-ltd-v-trailfinders.html
"Movie makers do lunch, not contracts", said now-retired* Judge Alex Kozinski in Effects Assoc., Inc. v Cohen, 908 F.2d 555, 556 (9th Cir. 1990), cert.denied, 498 U.S. 1103 (1991). The writers of...
http://ipso-jure.blogspot.com/2021/01/florence-foster-jenkins-and-joint.html
An appeals board of the European Patent Office has upheld the refusal of a patent for "rabbit skin comprising biological active substance and its use" on public policy grounds. And, having read t...
http://ipso-jure.blogspot.com/2021/01/rabbit-skin-patent-refused.html
The question came up in my weekly seminar for students doing the University of London International Programme LLB IP module, and the answer is interesting - and quite easy to find in Patent Off...
http://ipso-jure.blogspot.com/2020/12/how-many-patent-applications-succeed.html
EU law regulates the use of cookies, because unregulated they could be a major problem for privacy. Tracking cookies note your browsing habits, making it possible for websites to serve up adverti...
It seems a long, long time since I wrote an article for publication. Books, blogging and courses seemed to take all the available time. So I am delighted to be able to say that the Journal of Int...
http://ipso-jure.blogspot.com/2020/08/love-passion-and-ip-when-copyright-work.html
I've been presenting a two-day course on intellectual property for CLT for longer than I can remember, and before that (before I can remember?) three of the four sessions making up its predeces...
http://ipso-jure.blogspot.com/2020/08/intellectual-property-course.html
Douglas Campbell QC, sitting as a Chancery Division judge, refused to give the claimant summary judgment in Oysterware Ltd & Intentor Ltd EWHC 2125 (Ch) (not yet on Bailii: I am indebted to the ...
http://ipso-jure.blogspot.com/2020/08/no-summary-judgment-in-software.html
Intellectual property laws exist as an exception to the basic principle that monopolies are bad. Well, that's how they found their way into English and UK law, starting with a carve-out from the...
http://ipso-jure.blogspot.com/2020/07/intellectual-property-and-consumer.html
A folding bikes' drama has been taking place in EU Court of Justice in December 2018, under the case number C-833/18. (Peter posted about the AG's opinion back in February: No copyright protecti...
http://ipso-jure.blogspot.com/2020/07/is-there-copyright-in-folding-bike.html
by Laura J. Winston, guest blogger The Supreme Court of the United States has ruled in United States Patent and Trademark Office v. Booking.com B.V. that a generic term paired with ".com" is not...
http://ipso-jure.blogspot.com/2020/07/when-is-generic-word-com-not-generic.html
Innermost Ltd v Warm BL O/464/19 is that rare thing, a case about licensing of right under Part III of the Copyright, Designs and Patents Act 1988. I wrote it like that to avoid using the word...
http://ipso-jure.blogspot.com/2020/03/concerning-originality-of-lampshades.html