US courts have for decades applied the test to safeguard expressive works, but debate is raging over its scope and potential danger to trademarks. Muireann Bolger reports.
WTO‘s COVID deal: more vaccine ‘enabler’ than IP waiver?
The COVID-19 IP agreement promises to enable developing countries more autonomy to produce and distribute vaccines, but it has attracted many critics, finds Sarah Speight.
‘Echoes of the old boys club’: social mobility in IP
As a report highlights a social mobility gap in law, lawyers tell Muireann Bolger that a new mindset and a spot of rule-breaking is required to close it.
Cadbury’s sweet colour victory: a taste of things to come?
Cadbury has secured its distinctive colour purple but brands will be left wondering how to apply the arguments to their own registrations, finds Sarah Speight.
Trademarking ‘The’: a lesson in emphasis and cooperation
The Ohio State University has been granted rights to use ‘THE’ on its merchandise, and fashion brand Marc Jacobs is awaiting registration for the same. But, asks Sarah Speight, should we be surprised?
INTA’s Ukraine TM: the power of symbolic IP gestures
As the war continues in Europe, the influence of IP during times of crisis and hardship should never be underestimated, according to Agnieszka Sztoldman of Osborne Clarke.
In a unique case, the CAFC reversed its decision on a patent infringement and raised the standard for written descriptions of negative claim limitations.
How to determine similarity of goods in trademark disputes
Courts must consider a range of factors outside of the official classification rules when determining similar goods and services, says Ling Zhao of the CCPIT Patent and Trademark Law Office.
Ensuring medicines are fairly priced for consumers while enabling manufacturers to recoup their costs is a dilemma felt now more than ever. Robyn Merry of Dennemeyer & Associates explores some options that are aimed at balancing the scales.
