Stay up to date with the latest intellectual property developments from New Zealand and around the world.
Simulations Based on Technical Principles Not Sufficient for Solving a Technical Problem
In G 1/19 (Simulation) the Enlarged Board of the Boards of Appeal held that whether a computer implemented simulation of a technical system or process solves a technical problem by producing a technical effect that goes beyond the simulation’s implementation on a computer needs to be determined on a case-by-case basis.
US Appeals Court Finds Redbubble Online Marketplace Potentially Directly Infringing
In The Ohio State University v Redbubble Inc 19-3388 the Court of Appeal for the Sixth Circuit (CA6C) found that Redbubble’s online marketplace more than merely facilitated infringement of Ohio State University (OSU) trademarks and so reversed and remanded the District Court’s summary judgment of non-infringement.
Should Unregistered Marks Have a Special Circumstances Exception for Non-Use?
As a common law country New Zealand's trade mark legislation favours use over registration. However, the privileges available for unregistered marks appear vulnerable to non-use due to circumstances outside the control of the owner.
In Olaf Sööt Design LLC v Daktronics Inc 2020-1009, 2020-1034 one of the Court of Appeal for the Federal Circuit (CAFC) Judges expressed concern about the misuse of the doctrine of equivalents and sought to reaffirm the primacy of the claims in determining the scope of a patent’s monopoly.