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Principles for IP Provisions in Bilateral and Regional Agreements

Principles for IP Provisions in Bilateral and Regional Agreements

For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) – in collaboration with experts from all over the world – has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights.

Will Ultramercial Patent Set Up an Ultra Supreme Court Appeal?

Will Ultramercial Patent Set Up an Ultra Supreme Court Appeal?

In late June, the Federal Circuit again decided Ultramercial v Hulu - a case brought by Ultramercial claiming infringement of their patent for serving online media preceded by advertising. Ultramercial's patent has been widely criticized by many commentators who view the patent as one describing an abstract concept, and believe the decision is destined for a Supreme Court appeal.

The UK Intellectual Property Office on the Impact of Lookalikes

The UK Intellectual Property Office on the Impact of Lookalikes

On May 31st, 2013 the UK Intellectual Property Office (“IPO”) released a report on its research into the “Impact of Lookalikes: Similar Packaging and Fast-Moving Consumer Goods”. The issue of lookalikes is a politically “hot” one in both the UK and the EU, as there is pressure from brand owners who seek more effective protection […]

CIPO Examination Practice Respecting Purposive Construction: A Marked Deviation From Whirlpool and Free World Trust

CIPO Examination Practice Respecting Purposive Construction: A Marked Deviation From Whirlpool and Free World Trust

On November 24, 2011, the Federal Court of Appeal released its decision for Amazon.com, Inc. v. The Commissioner of Patents, 2011 FCA 328.  This case related to patent application 2,246,933 filed by Amazon.com, Inc. entitled “Method and System For Placing A Purchase Order Via A Communications Network”. Popularly known as the “one-click shopping cart” case, […]

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]