Legal Updates
A recent decision of the European court of justice severely restricts the availability in Europe of patents for stem cell-based inventions. The court’s ruling indicates that inventions based on use of human embryonic stem cells cannot be patented. This decision applies to both stem cells obtained directly from human embryos, and also to inventions using human embryonic stem cell lines.
A disclaimer is a “negative” feature introduced into a patent claim that excludes a specific embodiment from the scope of the claim. In the life science and chemical fields, disclaimers are often used to exclude a specific gene sequence or chemical compound from the scope of a patent claim.
On 5 October 2011 the UK High Court handed down a judgment in Re Halliburton Energy Services Inc [2011] EWHC 2508 (Pat) concerning the patentability of computer-implemented inventions in the UK.
The Court of Justice of the European Union handed down its keenly anticipated decision on the use of trade marks in keyword advertising campaigns relating to the INTERFLORA trade mark on the 22nd September 2011.
The US is close to bringing its patent law into line with the rest of the world in turning to the First-to-File system.
Other important changes include increased USPTO fees (but reduced for universities and small companies), changes in what constitutes prior art and the introduction of an opposition system against granted US patents.
more...A report issued earlier this month by the Human Genetics Commission (HGC) entitled “Intellectual Property and DNA Diagnostics” draws attention once more to the tension between a commercial diagnostics sector, with desire to exploit the financial value of biomarker patents, and a public sector laboratory community which appears reluctant to acknowledge such property rights;
ICANN (Internet Corporation of Assigned Names and Numbers) has approved the addition of .xxx as a top-level domain (“TLD). Not surprisingly, .xxx is for adult entertainment industry websites and the creation of the TLD provides an internet address where adult entertainment can be located
The London Organising Committee of the Olympic Games (“LOCOG”) recently announced that it intends to actively police online keyword bidding on protected Olympic terms in the run up to the Olympic Games in London next year.
