Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
UK Updates Unjustified Threats Law
The recently assented Intellectual Property (Unjustified Threats) Act 2017 will replace the current law on groundless threats once it is fully enacted by way of further regulations.
Entitlement to Priority Cannot be Retrospectively Assigned
In the recently published decision Tenaris Connections Ltd v Vallourec Oil and Gas France the EPO Boards of Appeal confirmed that entitlement to priority cannot be retrospectively assigned and must have been assigned for a claim to entitlement to be valid.
United States of America
CAFC Confirms Continuing Relevance of On-Sale Bar
In Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc the Court of Appeals for the Federal Circuit (CAFC) held that a conditional supply and purchase agreement that was entered into before obtaining FDA approval can invalidate on account of contravening the on-sale bar.
3. Trade Marks
Classification Practice by IB Clarified
WIPO has now produced a document outlining the classification guidelines that it applies, with the intention that it will reduce the number of non-compliant specifications.
Reputation can Accrue evn though Use Contrary to Law
An Assistant Commissioner has held that an opponent can establish awareness of the marks it relies on under s 17(1)(a) of the Act even when use of those marks may have been a technical breach of other legislation.