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[Guest Post] CJEU weighs in on supplementary protection certificates in Merck v Teva/Clonmel decision

The IPKat

Here's what Claudio and Federico have to say: Two Kats, hungry to hear the outcome of the two CJEU referrals, via the Public Domain Image Archive "In a long-awaited decision issued on 19 December 2024, the Court of Justice of the European Union ("CJEU") ruled on two joint cases ( C-119/22 and C-149/22 ).

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New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)

The IPKat

Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin. However, neither is it necessary that the product in some way corresponds to the "core inventive concept" of the patent.

Art 119
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Traditional Knowledge on the agenda for 2024

The IPKat

It was not until 2009 that the IGC received a mandate for text-based negotiations. Likewise, for inventions based on traditional knowledge associated with genetic resources, the applicant must disclose the Indigenous peoples or local community that provided the knowledge, or if the origin is unknown, the source of the knowledge.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. With the information in the public domain, the Rural Telephone Service issued a phone book. A publishing company called Feist Publications Inc.

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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! The defendants applied for registration of their mark on 13th April 2009.

Trademark 104
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WIPIP Session 8 (copyright)

43(B)log

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Justin Hughes: discoveries just means inventions. Tension b/t invention and discovery. That might shed some light; George is writing around the same time as Baker v. Where does he get it from?

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Protecting Indigenous Traditional Knowledge Using An Approach Based On Holistic Principle

IP and Legal Filings

Numerous attempts have been made to incorporate TK and related advancements into the IPR framework because TK is predominantly made up of intellectual inventions and creations, which is the traditional field of intellectual property protection. But it was immediately apparent that employing IPR for TK has its limitations. ix] Ibid. [x]