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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. To be specific, any aspect of the invention not covered in the claims isn’t considered to be protected.

IP 105
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New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)

The IPKat

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). However, neither is it necessary that the product in some way corresponds to the "core inventive concept" of the patent.

Art 117
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Competition Law: The Patent Pendulum

Intepat

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. This results in better technological and social advancements as the entire society benefits from these inventions.

Law 52
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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions. Twentieth Century Fox Film Corp. ,

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IP as a political instrument in Russia

The IPKat

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 132
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Artificial intelligence and intellectual property rights: the USPTO DABUS decision

Barry Sookman

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq.

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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Case: Holyland Marketing Pvt. Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

Trademark 104