Showing posts from November, 2018

Tasty - Levola Hengelo BV v Smilde Foods BV

Jane Lambert

Court of Justice of the European Union ( K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.-C. Bonichot, A. Arabadjiev, M. Vilaras (Rapporteur), E. Regan, T. von Danwitz and C. Toader, Presidents of Chamber, A. Rosas, E. Juhász, M. Ilešič, M. Safjan, C.G. Fernlund, C. Vajda and S. Rodin, Judges) C-310/17, Levola Hengelo BV v Smilde Foods BV ECLI:EU:C:2018:899, [2018] EUECJ C-310/17, EU:C:2018:899 (13 Nov 2018)

This is one of the most remarkable cases that I have ever read.   It is important because it greatly increases the range of creations in which copyright can subsist.   I first thought it was a bit of a joke because that is how it was presented in the press (see  Food taste 'not protected by copyright' rules EU court13 Nov 2018 BBC website).  Now I see its potential for all the creative industries.

The owner of the intellectual property rights in a spreadable dip called Heks'nkass sued Smilde Foods for infringing its copyright in the taste of…

Patents - Coloplast AS v MacGregor Healthcare Ltd

Jane Lambert

Intellectual Property Enterprise Court (HH Judge Hacon)  Coloplast AS v MacGregor Healthcare Ltd [2018] EWHC 2797 (IPEC) (24 Oct 2018)

This was a claim by the Danish company, Coloplast AS, against MacGregor Healthcare Ltd for damages and other relief for the alleged infringement of European Patent (UK) No. 1 145 729. The defendant, MacGregor, counterclaimed for the patent to be declared invalid on grounds of anticipation, obviousness and insufficiency. The action and counterclaim came before His Honour Judge Hacon on 10 and 11 July 2018.  The judge dismissed the claim.  He found that the patent was invalid for want of an inventive step and insufficiency but added at para [159] of his judgment that had the patent been valid he would have held it to have been infringed.

The Invention
The invention for which the patent was granted is a ready-to-use urinary catheter assembly. Catheters are inserted into a patient's urethra to empty the bladder. To avoid discomfort catheter…

Patents and Self-Driving Vehicles

Jane Lambert

Yesterday I attended the eCommerce Show North at EventCity Manchester.  One of the exhibitors was Tesla Inc. Two of the company's cars were on display and I took a peek inside one of them.  The car had a steering wheel and many of the instruments that would be expected on any other car but I could find only one pedal and there was a large screen displaying the locations of the nearest charging points.

At first, I was surprised to find a luxury car manufacturer among the developers, fintech, marketing and social media consultancies, private equity and business angel investors but then I realized that logistics are essential to electronic commerce. Goods purchased over the internet have to be delivered. The optimum means of delivery are autonomous electric vehicles. Those are the things that Tesla develops and manufacturers.  Not just motor cars but electric lorries fitted with enhanced autopilot systems.

The eCommerce Show North coincided with the publication by the Eu…