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24 Feb 2017


Brexit

Unified Patent Court and Unitary Patent

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The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important

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Jane Lambert

Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge)  Eli Lilly v Actavis UK Ltd and others[2017] UKSC 48 (12 July 2017)

What the Appeal was about
The pharmaceutical company Eli Lilly and Co ("Lilly") has developed a drug called pemetrexed which it markets under the brand name Alimta for the treatment of various types of cancer. Used on its own, pemetrexed has unpleasant side effects that can sometimes be fatal but these can be avoided when it is administered as a compound called pemetrexed disodium in combination with vitamin B12.

The use of pemetrexed disodium in the manufacture of a medicament for use in combination with vitamin B12 (and, optionally, folic acid) for the treatment of cancer is monopolized in the United Kingdom, France, Italy, Spain and a number of other European countries by European patent number No 1 313 508. There are also corresponding patents for the same invention in many other countries around the world.

This medicine is no…
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Cakes and Copyright

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Jane Lambert

According to the BBC, the US food blogger Elizabeth  LaBau has brought proceedings against the publishers of The Food Network for copyright infringement (see "US food blogger sues Food Network over snow globe cakes"  3 June 2017). Copyright infringement falls within the jurisdiction of the federal courts in the USA so I looked up recent filings in the US District Court and found that proceedings had been filed on 1 June 2017 by William Bowen on behalf of Ms LaBau against Television Food Network GP in the US District Court for the Central District of California.

 Ms LaBau blogs about cakes and desserts in her SugarHero! blog. One of her confections is "Snow Globe Cupcakes with Gelatin Bubbles". The BBC reports that Ms LaBau does not complain that copying her recipe infringed her copyright as "it is almost impossible to claim copyright over a list of ingredients" but she does object to the copying of a video explaining how to make the cupcakes,…
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Resolving IP Disputes at Trade Fairs

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Jane Lambert

The European IPR Helpdesk, an EU-funded collaboration between Infeurope SA, Eurice GmbH and L'Institut de la Propriété Intellectuelle Luxembourg to provide free, first-line advice and information on intellectual property, has recently published two fact sheets on IP and trade fairs. The first, which is entitled Intellectual property management at trade fairs, is addressed to exhibitors at, and visitors to, trade fairs while the second, IP considerations for trade fair organisers, is addressed to organizers. Both fact sheets were developed in co-operation with the European Major Exhibition Centres Associaton and the European Exhibition Industry Alliance,

Intellectual property management at trade fairs starts with "Things you should know before participating in a trade fair." These include "Knowing the IPRs you own", "Registration is the easiest and most effective way to fight against infringers", "IP protection is territorial", &qu…
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