Journal of Intellectual Property Law and Practice最新文献

The devil is in the divisional: an analysis of divisional patents, deadlines, declarations and suggestions for future practice 魔鬼在分部：对分部专利、期限、声明的分析以及对未来实践的建议

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-15 DOI: 10.1093/jiplp/jpae046

Mieke Filler

引用次数: 0

Intellectual property norms in the polycrisis—(still) omnipresent, distracting, irrelevant? 多重危机中的知识产权准则--（仍然）无处不在、分散注意力还是无关紧要？

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-15 DOI: 10.1093/jiplp/jpae054

Caroline B. Ncube

{"title":"Intellectual property norms in the polycrisis—(still) omnipresent, distracting, irrelevant?","authors":"Caroline B. Ncube","doi":"10.1093/jiplp/jpae054","DOIUrl":"https://doi.org/10.1093/jiplp/jpae054","url":null,"abstract":"\u0000 Twenty years since Professor Cornish asked whether IP is ‘omnipresent, distracting, irrelevant?’, this article revisits that question following recent times of instability, which have compounded the polycrisis the world is facing, whilst the 2030 deadline to achieve the UN Sustainable Development Goals looms closer and closer. This contribution argues that IP plays a critical role as one of multiple regulatory systems seeking solutions in the highly dynamic and insecure contexts of the climate emergency, uneven global development and pandemics, requiring timely and comprehensive normative development. However, over the last two decades there has been a glacial pace towards setting appropriate IP norms and states, policymakers and legislatures have to move beyond merely settling for a ‘more of the same’ approach. The ongoing World Health Organization’s Pandemic Accord negotiations present an opportunity to confirm IP’s relevance to combatting the polycrisis by setting effective norms and a technology transfer mechanism. It is concluded that missing this opportunity would render debates about IP no more than a deadly distraction.","PeriodicalId":508706,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"6 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141337228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Preventive patent enforcement by artificial intelligence 人工智能预防性专利执法

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-14 DOI: 10.1093/jiplp/jpae055

Thomas Heinz Meitinger

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SPC manufacturing and stockpiling waiver—part 1 SPC 生产和库存豁免--第 1 部分

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-14 DOI: 10.1093/jiplp/jpae052

Marco Stief

{"title":"SPC manufacturing and stockpiling waiver—part 1","authors":"Marco Stief","doi":"10.1093/jiplp/jpae052","DOIUrl":"https://doi.org/10.1093/jiplp/jpae052","url":null,"abstract":"\u0000 This two-part article analyzes and discusses the legal requirements of, as well as the opportunities and risks associated with the SPC Manufacturing and Stockpiling Waiver as introduced by EU Regulation 2019/933. The introduction of the SPC Manufacturing/Stockpiling Waiver on July 1, 2019 opened up opportunities for generics and biosimilars companies established in the EU to manufacture and stockpile medicinal products before expiry of the respective SPC, either for export to third countries or for timely Day-1 market entry in the EU. But unlike, for example, the bolar exemption, application of the SPC Waiver is dependent upon compliance with specific notification, due diligence and labeling obligations. Although introduced more than four years ago, there is still considerable legal uncertainty surrounding the application of the SPC Waiver, something recent court decisions in Germany and The Netherlands have exacerbated rather than clarified. In this first part, the policy background of the Regulation is explained and the territorial and temporal scope of the SPC Waiver is examined. In the second part of the article, to be published in the next edition of the Journal of Intellectual Property Law and Practice Vol.(…) Issue (…) I will take a close look at the material scope and core components of the waiver, particularly as it relates to privileged acts and the conditions under which the waiver is applicable","PeriodicalId":508706,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"33 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141342886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Separated, united or a bit of both? Infringement and validity at the Unified Patent Court 分离、联合还是两者兼有？统一专利法院的侵权与有效性

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-14 DOI: 10.1093/jiplp/jpae050

Nora Kessler, Christoph Palzer

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Standing up for geographical indications in Africa 支持非洲的地理标志

Journal of Intellectual Property Law and Practice Pub Date : 2024-06-14 DOI: 10.1093/jiplp/jpae056

Nora Ho Tu Nam

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To be or not to be (the copyright holder) 是或不是（版权持有者）

Journal of Intellectual Property Law and Practice Pub Date : 2024-05-24 DOI: 10.1093/jiplp/jpae047

Cédric Manara

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Should the EU unify copyright laws? 欧盟是否应该统一版权法？

Journal of Intellectual Property Law and Practice Pub Date : 2024-05-24 DOI: 10.1093/jiplp/jpae053

Eleonora Rosati

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The anti-suit injunctions in patent litigation in China: what role for judicial self-restraint? 中国专利诉讼中的反诉禁令：司法自我约束的作用何在？

Journal of Intellectual Property Law and Practice Pub Date : 2024-05-24 DOI: 10.1093/jiplp/jpae049

Alexandr Svetlicinii, Fali Xie

{"title":"The anti-suit injunctions in patent litigation in China: what role for judicial self-restraint?","authors":"Alexandr Svetlicinii, Fali Xie","doi":"10.1093/jiplp/jpae049","DOIUrl":"https://doi.org/10.1093/jiplp/jpae049","url":null,"abstract":"\u0000 Starting from 2020, the Chinese courts have actively participated in the jurisdictional battles for the standard essential patent (SEP) disputes, a pivotal development marked by the Supreme People’s Court’s inaugural SEP-related anti-suit injunction (ASI) in Huawei v Conversant. Subsequently, lower courts in China have emulated this approach by issuing ASIs targeting SEPs in the domain of information and communication technology. The present study highlights the features of the Chinese ‘act preservation measures’ by comparing them with the typical ASIs originally developed in the common law jurisdictions. This comparison reveals significant divergence in the factors considered by Chinese courts issuing ASIs, particularly in the context of cross-border patent litigation. The study aims at elucidating potential defenses that the respondents in SEP litigation may employ to contest the issuance of ASIs in Chinese judicial proceedings, with particular attention accorded to the principles of comity and public interest. The article concludes that the invocation of international comity and public interest in SEP litigation will encounter a formalistic assessment by the Chinese judiciary due to potential conflicts with statutory provisions and the lack of a more context-specific analysis. As a result, in the absence of supra-national mechanisms that would address the problem of parallel litigation, there appears to be little room for judicial self-restraint.","PeriodicalId":508706,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"5 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141100404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

‘Designating’ the future of geographical indications 指定 "地理标志的未来

Journal of Intellectual Property Law and Practice Pub Date : 2024-05-20 DOI: 10.1093/jiplp/jpae048

Bernardo Calabrese

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