On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC. The IP Court’s position in this case may result in an extra defense granted for patent holders against unfair practice of registration of generics drugs until patent expiry.… Continue Reading
As of June 9, 2018, an entirely new Law has been implemented in Denmark, namely the Danish Act on Trade Secrets, which implements the Directive of the European Parliament and the Council on protection of trade secrets (hereinafter “the Directive”). The new law replaces paragraph 23 in the Danish Marketing Act, which up until now … Continue Reading
The issue of the blank tape levy, due for certain devices and media which are suitable for the reproduction of protected works as equitable remuneration for the reproduction for private use, and which is payable by the importers or manufacturers of such devices, has often in recent years been a subject of dispute between creators, … Continue Reading
First Witch: When shall we three meet again/In thunder, lightning, or in rain? Second Witch: When the hurlyburly’s done,/When the battle’s lost and won. Third Witch: That will be ere the set of sun. *** ALL: Fair is foul, and foul is fair:/Hover through the fog and filthy air. [MacBeth, Act 1, Scene 2] … Continue Reading
Summary In its decision no 1589/2017 the Greek Supreme Court upheld the appeal brought by the Greek company “DPH” against the Dutch company “P”. The Supreme Court held that the Court of Appeals’ decision, which had upheld definitely the lawsuit of “P” against “DPH” for breach of “P”’s essential patents, was wrong in finding they … Continue Reading
Introduction From Bullseye to Mastermind and from The Chase to Eggheads, it is undeniable that the public love a TV game show. Who (in the UK) doesn’t remember Judith Keppel sensationally becoming the first winner of Who Wants to be a Millionaire? A total of 14.9 million UK viewers (that is about a quarter of … Continue Reading
The protection of copyright from infringements taking place via the Internet has been in Greece until today extremely inefficient and time-consuming. Legal experts and copyright holders hope that this situation will alter soon. On July 2017, a new Copyright Law 4481/2017 was adopted amending the existing Copyright Law 2121/1993. The new Law provides dispositions aiming … Continue Reading
On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016). Under the auspices of the case, Novartis AG filed a patent infringement lawsuit against Nativa LLC claiming that its active patent on «Tyrosine kinase … Continue Reading
On July 11, 2017 the Civil Disputes Judicial Board of Russian Supreme Court published a long-awaited Ruling in case No. 53-KG17-12. Under the merits of the case, in 2016 the charity fund for helping children with oncohematological and other serious diseases “Podari Jizn” (CF “Podari Jizn”) filed a lawsuit against a copycat, non-profit charity fund «Podari … Continue Reading
The German Federal Court of Justice (Bundesgerichtshof) with its decision X 2r 33/10, announced on August 21, 2012, rejects claims for infringement of MPEG-2 video coding patents by a Greek DVD manufacturer: The DVD, as such, is NOT a means of infringement of the patent claim in dispute. On August 21, 2012 the German Federal … Continue Reading
On June 1, 2016, the mandatory pre-trial procedure came into force. On May 26, 2017 the State Duma approved in the second reading amendments to the current pre-trial procedure. Under the amendments, the pre-trial procedure extends only to the monetary disputes. The amendments (art. 1252 of the Russian Civil Code) also directly prescribe that the pre-trial procedure … Continue Reading
BOTTOM LINE It remains to be seen what will happen after the GDPR becomes effective on May 25, 2018. The GDPR compliance roadmap can be helpful for any organization that collects or processes personal data, whether or not an organization in or outside of the EU believes it is subject to the GDPR. With just … Continue Reading
In its meeting of April 27, 2017, the Russian Government has approved the Bill “On approval of the Protocol amending the Agreement on trade-related aspects of intellectual property rights” proposed by the Russian Ministry of Foreign Affairs and the Russian Ministry of economic development and trade, and endorsed its further introduction to the State Duma1. … Continue Reading
There is a popular television show in the United States called American Pickers, which follow the adventures of antique and collectible “pickers” Mike Wolfe and Frank Fritz. Wolfe and Fritz travel around in a van with the logo Antique Archeology to buy, or “pick,” various items for resale, for clients, or for their own personal … Continue Reading
In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover … Continue Reading
In Denmark, certain rules must be observed, if a company wants to turn to customers by electronic means to promote or to sell products and services. Basically, the company must have the customers consent before the company can send out marketing. If there is no consent marketing through electronic means as text messages or e-mail … Continue Reading
On December 13, 2016, the Russian Constitutional Court has published its Ruling on constitutionality of certain articles of Civil Code regulating the legal nature of compensation as an IP remedy. The constitutional review was requested by the Altai Arbitrazh Court. While considering numerous IP cases (Kvadro-Publishins v. Lubivaya, Aeroplan v. Vashkevich), the court found that … Continue Reading
The Danish court has recently decided that a party may be too large to be considered private, at least when it comes to the understanding of the wording “Public performance” in Danish copyright law. The court therefore ruled that the staff party held by Novo Nordisk should be considered as public in connection to the … Continue Reading
At the start of 2016 we highlighted the impending changes to IP law in the European Union (EU) and what to expect over the coming months when the new legislation is introduced. This article focuses on two of the amendments governing the use of a European Union trade mark (EUTM) and how the new laws … Continue Reading
The Danish Consumer ombudsman has recently found that the Danish telephone companies TDC, Telia and Telenor has been misleading the consumers in relation to the speed on broadband internet. The Consumer ombudsman has on that ground requested the companies to change their marketing regarding broadband. The Danish consumer ombudsman has raised five cases concerning misleading … Continue Reading
Lately social media has drawn a lot of attention in relation to unfair business-to-consumer commercial practices. Most recently, the Danish consumer ombudsman has reported the media bureau MemeCph and the toothpaste producer Unilever for being responsible for hidden advertisement through a Danish pop singer on her Instagram-profile. Furthermore, the consumer ombudsman in 2015 published a guideline … Continue Reading
