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Around the IP Blogs

The IPKat

Patents The IP Helpdesk blog informed on compulsory licensing of patents in India. The author reviewed several cases where compulsory licenses were granted by Indian authorities, including those in the field of pharmaceuticals [see also an earlier post on this topic on The IPKat ]. All six cases were related to non-use claims.

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‘£1m’ Pirate TV Box Seller Avoids Prison Due to Private Prosecution Delays

TorrentFreak

After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate. After no accounts were ever filed for the company, it was dissolved via compulsory strike-off in April 2019 but not without controversy.

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Understanding the International Guide to Patent Case Management for Judges by WIPO

SpicyIP

The report claims that the unique characteristics of the patent case management by courts have deep connections with the overall conditioning (normative, structural and socio-economic) of the respective jurisdiction. The report dedicates individual chapters on at least 9 of top 15 economies (by GDP metric ) in the world.

Patent 105
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SpicyIP Weekly Review (August 9 – 15)

SpicyIP

Topical Highlight. Ensuring Access to TB drugs: Is Compulsory License the Way? They discuss the best potential route for a compulsory license under the Indian Patents Act, and the ways in which the government can make the best use of it.

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Amendment of German patent law: small step or giant leap for proportionality?

The IPKat

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. This does not affect the damages claim laid down in paragraph 2. here and here ].

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SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

Topical Highlight. The Indian Patent Office ruled in favour of Venus Remedies Limited in a 10-year legal battle which challenged a patent claimed by French pharmaceutical business SCR Pharmatop for producing intravenous paracetamol solution in India. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. June 29, 2021].

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IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

SpicyIP

Thus, regardless of specifics, to me, it seems clear that in such approaches to knowledge there was more about ‘knowledge governance’ and less about a ‘right’ as an individualistic legal claim. So here – I lack a duty, and you lack a right-claim; 3.) Pocrati: Yeah, exactly. Oh, wait. … Anyways, good points by the class overall!

IP 119