It is usual for a court to grant a final injunction after a finding of patent infringement. There has been some doubt about how this applied when the patents covered essential medical products. In Evalve v Edwards Lifescience [2010] EWHC 513 (Pat), the court explored the role of the public interest in withholding injunctions and awarding damages in lieu. It construed the public interest narrowly in

The global movement and use of genetic resources remain vital to sustaining humankind. An enclosure or re-appropriation of these resources requiring regulated access and benefit sharing is evolving under the United Nations’ Convention on Biological Diversity and related instruments. The potential to replace the physical materials with information about those materials, including genetic sequence data

The Court of Appeal delivered its eagerly awaited judgment in the appeal filed against Birss J's judgment in the Unwired Planet v Huawei case on 23 October 2018. Birss J's judgment included an analysis of some of the most controversial issues related to standard essential patents (SEPs) and particularly the fair, reasonable and non-discriminatory (FRAND) concept. The Court of Appeal reviewed these

This is the author accepted manuscript. The final version is available from Edward Elgar Publishing via the DOI in this record

This article discusses the protection of new plant varieties in Africa and the AfricanModel Law through the lens of its key protagonist, Professor Johnson Ekpere. It urges African countries to consult the AfricanModel Law as a guide when designing plant variety protection systems. It is hoped that by offering Professor Ekpere’s biography, personal experiences, and first-hand account of the African

The aim of this paper is to define the scope of protection afforded to ‘marks with reputation’ under EU Directives and Regulations. The authors argue that the protection granted to said marks also in relation to ‘not similar’ goods requires that, having regard to all the circumstances of the specific case, the consumer could be induced to reasonably suppose that the trade mark owner is somehow (industrially

In this article, we evaluate an initiative recently launched by the national government in Mexico to create 'Patenting Centers' in various universities and research institutions in diverse regions of the country. We focus particularly on elucidating how the installation of these Patenting Centers has augmented the number of national filings for intellectual property (IP) protection, and how the Centers

Inventions have been protected, in England, by patents since the sixteenth century. The patent system has undergone significant change since that time - in the nineteenth century, major legislative reforms were undertaken in the shadow of an abolitionist movement; and in the twentieth century, the system began to accommodate radical technological developments. This research applies insights from evolutionary

This article analyses and compares the two main approaches that deal with the relationship between patent exclusive rights and the artefacts embodying patented inventions (usually chattel). Namely, it examines the implied licence approach and the exhaustion approach, at the national and international level, and extrapolates the scope of patent exclusive rights under these two models. The article uses

Photographs of cultural collections are an essential means of disseminating art and democratizing access to culture. This article reviews the policies of five major Australian galleries on access to their collections. It finds they tend to claim copyright in photographs of their collections, including of public domain works. This reflects a perceived entitlement to control access to their digital collections

In 2012, Eli Lilly, a US pharmaceutical corporation, initiated an investor-state arbitral claim against the Canadian government after the Canadian courts invalidated two of Eli Lilly's Canadian patents, claiming that the application of the so-called ‘promise doctrine’ violates international patent law agreements. Even though this is not the first investment arbitration case in which intellectual property

As innovative firms have considerable competitive advantage; more foreign direct investment (FDI) research has been related to the innovation. The primary aim of this study is to explore how intra-regional economies interact with host countries’ innovative performance, and how they are affected by FDI. Azerbaijan, Georgia and Turkey, located in the South Caucasus region, are selected as examples. Numbers

The Report of the Parker Committee, formed in 1916 to consider potential reforms to patent law, was not published. It was concerned, in part, with the abuse of the British patent system by foreigners, proposing significant reforms to address the perceived issues. Ultimately, its proposals were the basis of the failed Patents and Designs Bill 1917. Significantly, the Committee considered issues around

The evidence heard before the House of Lords Select Committee which considered the Letter Patent for Invention Act 1835 was never published in the Sessional Papers. This corrects that oversight and provides valuable primary evidence on patent reform in the 1830s.

The German Federal Constitutional Court has delivered an important decision with regards to the permissibility of sampling which is widely used in hip hop and electronic music. With this decision, the Court ended a dispute that has been ongoing for almost 20 years. Furthermore, the Court has applied a fundamental rights discourse between the countervailing rights of the original authors and those of

Handicrafts often demonstrate indigenous knowledge, traditional cultural expressions of artisans, small or big tribes and even nations at large. Crafting communities invest their labours and merits from generation to generation to create aesthetic and artistic handicrafts that both reflect their intellectual inputs and represent their community life styles, enabling them to benefit from protection

The application of exceptions to copyright infringement in news articles that are published online has become contentious with the widespread practice of aggregation and curation in online journalism. The specific concern is whether reproducing or adapting original news articles that are published on competitors’ websites without permission and attribution fall within the scope of the exceptions to

The focus of much of the analysis of the intellectual property (IP) system is on the role of IP rights as incentives. This neo-classical economics approach does not acknowledge the range of circumstances and decisions that constitute the IP system. If the work of behavioural economists is considered instead, then a more nuanced understanding is available. The research here adopts the concept of ‘motivators’

Edmund Burke, one of England's great thinkers and orators of the eighteenth century, has been lauded as a champion of the anti-intellectual-property movement by scholars past and present. This reputation arises largely through his opposition to James Watt's Fire Engine Act 1775. However, the article examines the contemporary evidence and challenges this dominant interpretation, showing that Burke's

Although in the European Union (the Union) the substantive rules for the patenting of biotechnological inventions are governed by Directive 98/44, the actual examination and grant of patents in Europe is provided by the European Patent Office (EPO), which is not part of the Union legal order and acts according to a non-Union legal instrument, the European Patent Convention (EPC). This hybrid situation

On 27 November 2015, an appellate bench of the Delhi High Court in F Hoffmann-La Roche v Cipla Ltd issued a 184-paragraph opinion, overturning in part a 2012 single judge decision and holding that Cipla had infringed Roche’s Indian patent over erlotinib hydrochloride. However, it turned out that large swathes of the appellate decision had been lifted verbatim from an article I co-authored for this

The interface between intellectual property law and competition law is complicated. The interaction between prohibited abuse of market power under EU competition law and national intellectual property rights has been a perennial issue for courts on both the EU and the member state level. The issue became even more complicated by the ongoing standardisation movement which raised concerns about the anti-competitive

In June and October 2014 a number of amendments to the Copyright, Designs and Patents Act 1988 came into effect, introducing new copyright exceptions and amending several existing exceptions. Whilst following recent judicial review the private copying exception has been quashed, many of the remaining new exceptions significantly alter the relationship between copyright exceptions and contract, making

Criminal sanctions have long been accepted as an important component of domestic copyright systems. However, the beginnings of the application of criminal law to copyright infringements - which are essentially private wrongs - in national copyright regimes have been generally inadequately explored. This article seeks to shed light on the origins and reasons for introducing criminal sanctions in Malaysia