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Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through

Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through

by Sean Hutchinson | Aug 19, 2026 | Designs & Copyright

Background The Anne Frank Fund is the owner of copyright in The Diary of Anne Frank. Since The Diary was written in the early 1940s, the relevant copyright has now expired in many EU Member States. Importantly, the relevant copyright has expired in Belgium, but not in...
What Makes a 3D trade mark functional? The General Court Has an Answer

What Makes a 3D trade mark functional? The General Court Has an Answer

by Agne Augustinaite | Aug 11, 2026 | Trademarks

The case had already been through several stages of proceedings. At the first instance, the trade mark was declared invalid on the basis that it provided a technical result. The proprietor appealed that decision to the Board of Appeal, where it was concluded that, as...
US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label

US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label

by Luke Pettit | Jul 30, 2026 | US & International

As a reminder, this case addresses how the Hatch-Waxman act “carve-out” provisions (which has led to the emergence of “skinny labels”) interacts with US law on induced patent infringement. This case is the first time the US Supreme Court has had the opportunity to...
Formulation PTEs on the chopping block down under

Formulation PTEs on the chopping block down under

by Alyson Lam | Jul 28, 2026 | US & International

On 16–17 June 2026, the Court heard Otsuka’s appeal in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd. The appeal challenges the Full Federal Court’s finding that formulation patents are not eligible for patent term extensions (PTEs). The decision, expected in...
Equivalence Explained – The Court of Appeal Provides Guidance on How to Correctly Apply the Actavis Test

Equivalence Explained – The Court of Appeal Provides Guidance on How to Correctly Apply the Actavis Test

by Sean Hutchinson | Jul 23, 2026 | UK

In 2017, the UK Supreme Court issued a landmark judgment setting out how it believed the UK should apply the so-called “doctrine of equivalents” when deciding on infringement of a patent. This judgment was handed down in the case of Actavis v Eli Lilly and the test...
Teva v Eli Lilly: a different route for antibody genus claims?

Teva v Eli Lilly: a different route for antibody genus claims?

by Alyson Lam | Jul 14, 2026 | US & International

Overview Broad antibody claims have faced a difficult path in the US since Amgen v Sanofi, particularly where the claim covers a large functional genus. The Federal Circuit’s decision in Teva v Eli Lilly is therefore interesting because the court drew an important...
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Recent Posts

  • Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through
  • What Makes a 3D trade mark functional? The General Court Has an Answer
  • US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label
  • Formulation PTEs on the chopping block down under
  • Equivalence Explained – The Court of Appeal Provides Guidance on How to Correctly Apply the Actavis Test

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