by Sean Hughes | Feb 1, 2017 | US & International
Background The Polish Regional Court had awarded damages for a much lower sum than that which was claimed by the claimant, noting that an award of punitive damages in respect of an infringed IP right would likely contravene Article 13 of the Enforcement Directive,...
by Alex Bajjon | Feb 1, 2017 | US & International
Criteria – Three-Step Test In order for the disputed domain names to be either cancelled or transferred, a panellist/panel must find that the following three conditions are met: The domain name registered by the domain name registrant is identical or confusingly...
by David Eyre | Feb 1, 2017 | EPO
The EBA have supplied a short answer in Decision G 1/15: No it cannot. This appears to be a sensible conclusion and the decision provides a comprehensive analysis of the case law leading up to the decision, the legal framework supporting priority, the effects of...
by Alex Bajjon | Jan 1, 2017 | UK
Background Arrow Declarations are declarations regarding the validity of subject-matter (rather than specific patents) and provide accused infringers of legal certainty that their proposed activities will not fall within the scope of any valid patent that may be...
by Carolyn Haywood | Jan 1, 2017 | EPO, UPC
The statement from the Unified Patent Court (UPC) Preparatory Committee indicating that they are currently working under the assumption that the UPC will become operational in December 2017 follows the shock announcement in November 2016 that the UK will proceed with...
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