GSK China Hit Squad China's Quality Brand Committee has recognised undercover sting by GlaxoSmithKline operatives, posed as traders to infiltrate Xing Tai Ming Shen, distributing counterfeit drugs across Asia and Africa 26.04.07 Times, China Trade, Counterfeit Goods, Pharmaceuticals
Apple Faces Huge EU Fine EU has issued formal protest to Apple over price differentials between UK and Continent on iTunes, threatening £300m fine Times Apple and EMI are to offer 'premium' service with songs stripped of digital rights management (DRM) software, allowing music to be sold on any player 03.04.07 Guardian, Apple, EU Competition, Entertainment Law, Internet Piracy, Media Law
Microsoft Targets Cybersquatters Microsoft has initiated four suits in the UK, five in the US, against cybersquatters, websites using domain names similar to famous brands, settled with Dyslexic Domain Name Company Times How sites make money from fake sites 16.03.07 Times, Cybercrime, Fraud, Microsoft, Trademark
Route Round Drug Patents Imperial College has instructed lawyers to patent Hepatitis drug developed by Sunil Shaunak and Steve Brocchini, based on Roche and Schering's pegylated interferon, but alternative structure by-passes existing patent 03.01.07 Guardian, Medical Law, Patent Law, Pharmaceuticals
Patents for Business Methods, Software Whether software and business methods are patentable or not is a hot topic, on 13 March the High Ct gave the first judgments on the issue since Aerotel and Macrossan, Cappellini's application was for a new algorithm which determined routes a carrier should take when delivering packages, Bloomberg's was for a data distribution method 07.05.07 Eversheds, EU Software Patent, Patent Law
Patent Litigation Insurance Following the publication of the Gowers Review of Intellectual Property the issue of a workable patent litigation insurance scheme has returned to the legal and political agenda, desire to encourage more successful patent applications ensures it will not shift until the situation is addressed 23.04.07 Law Now, Gowers Review, Insurance, Litigation, Patent Law
Macrossan May Re-Apply to Lords President of EPO has refused to answer questions put by Lord Jacob arising from Macrossan Application, on grounds there is 'insufficient legal basis for a referral', Macrossan, refused patent for 'business method', may re-apply for leave to appeal to the Lords 12.04.07 Eversheds, Aerotel v Telco, EU Software Patent, Patent Law
Diddy Website Directed at UK The US pop star Sean 'Puffy' Combs (aka 'Puffy' and 'P Diddy'), who changed his name to 'Diddy' in 2005, was found to have infringed earlier rights in the name owned by Mr Dearlove, also known as 'Diddy', judgment was awarded to Mr Dearlove in respect of certain website and lyric-related aspects of the claim, other control-related aspects reserved for full trial 24.03.07 Clintons, Entertainment Law, Internet Regulation, Trademark
Copyright on Video Games Appeal Ct has refused appeal in Nova Productions v Mazooma Games and Bell Fruit Games [2007] EWCA Civ 219 (reported 14 March), the Court found that, although there had been copying, it was 'just too general to amount to a substantial part' of Nova's game 22.03.07 Clintons, Copyright, Entertainment Law, Information Technology
Value of Sports Data Rights Despite an ECJ ruling that its database enjoyed no intellectual property rights, the British Horseracing Board (BHB) continued to seek revenues from its data and in the case of Attheraces Limited (ATR) it did so aggressively 03.03.07 Michael Simkins, Competition Law, Sports Law
Appeal Against BlackBerry Rejected The English Court of Appeal has upheld rejection of Inpro claim against RIM and T-Mobile (UK) that the BlackBerry infringed one of its patents, the patent was revoked as being obvious over prior art and the judge's refusal to allow the patent to be amended (the amended claims also being obvious) was also upheld 20.02.07 Eversheds, Mobile Telecoms, Patent Law
Traps in Gowers Gowers Review of intellectual property upset much of the music community by failing to suggest that the term of copyright in sound recordings should become aligned with US law, but there is more to Gowers than this 08.01.07 Michael Simkins, Copyright, Gowers Review
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US Complaints About China to WTO The US has filed two complaints with the WTO in respect of China, abuse of intellectual property and restrictions on free trade in books, films, music Guardian China expresses 'deep regret and strong dissatisfaction' at US action 11.04.07 NY Times, China Trade, World Trade
Oracle Says SAP Stole Know-How Oracle has filed a suit in California accusing arch-rival SAP of posing as clients to download software and technical documents, these were used to rapidly develop support service for Seibel software 23.03.07 NY Times, Information Technology
Jurisdiction in EU Patent Diputes Justice Pumfrey rules English courts have no jurisdiction in EU cross-border disputes unless abuse originated, or material damages arose, in England, hearing claim from by SanDisk against Koninklijke Philips Electronics 22.03.07 Times, EU Law, Patent Law
TM for 3D Mouse Blocked The Trade Marks Registry has allowed an opposition by Direct Line Insurance Plc to an application by esure Insurance Limited to register a three-dimensional mark consisting of a computer mouse on wheels 02.03.07 Law Now, Insurance, Trademark
Freshfields Advises on Wii Freshfields has advised Nintendo on product development and worldwide introduction of the Wii console, led by Frankfurt IP/IT partner Stefan Krüger, advice focused on regulatory aspects of data protection, e-commerce, copyright, contract and the protection of young people online 14.12.06 Freshfields Bruckhaus Deringer, Data Protection, E-Commerce