NIPC News

Jane Lambert One of the most important cases of 2017 was the Supreme Court's decision in Eli Lilly v Actavis UK Ltd and Others   [2017] Bus LR 1731, [2017] UKSC 48.  That case is important for two reasons. First, it re-struck the balance that the law has to strike between the needs of inventors for reasonable protection for their inventions, competitors in the industry for certainty and clarity as to what they can and cannot do and the general the general public for reasonable competition much more favourably to inventors.  Secondly, the Court considered for the first time topics such as the "doctrine of equivalents" and "file wrapper estoppel" that are familiar to US judges and lawyers but not to their colleagues in this country. I wrote about that case in  The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important   13 July 2017 NIPC Law. My case note received a lot of hits and favoura...

Author Hydragyrum Reproduced with kind permission of the Author Jane Lambert Since my last News Roundup   on 12 Oct 2017 I have written about copyright in photographs and television gameshow formats. the construction of patent licence terms and the English courts' jurisdiction to hear applications for declarations of non-infringement. I have also discussed the second reading of the Data Protection Bill in the House of Lords and the Irish High Court's referral to the Court of Justice of the European Union of the question of whether standard contract terms for the transfer of data overseas comply with EU law. I have continued to monitor the Brexit negotiations and discussed a joint letter from the British government and the Commission on our future relationship with the World Trade Organization. I attended the annual meeting of the WIPO domain name dispute resolution panellists and wrote about it in NIPC Branding. I discussed an IPO consultation o...