Pipers

Stay up to date with the latest intellectual property developments from New Zealand and around the world.

Proposed Changes to Canadian Patent Examination Seek to Motivate Focussed Prosecution

25th August 2021

Stemming mainly from its obligations under the Canada-United States-Mexico Agreement (CUSMA) the Canadian federal government has notified amendments to the Patent Rules that it seeks to implement.

Clarification that Divisional Double Patenting Objection Resolvable by Surrender of Parent Patent

6th August 2021

In Ganymed Pharmaceuticals GmbH (and Anor) 2021 NZIPOPAT 6 the Assistant Commissioner has clarified that Regulation 82(b) does not prevent an applicant from avoiding a double patenting objection on a divisional application by surrendering the patent granted from the parent.

It’s a Long Way to the Top Shelf if You Want Your Mimic to Roll

5th August 2021

In William Grant & Sons Irish Brands Limited v Lidl Stiftung & Co KG 2021 CSIH 38 the Scottish Court of Session for the Inner House (CSIH) upheld the Outer House interim interdict finding that Lidl’s rebranded gin bottle takes unfair advantage of the reputation William Grant has in its HENDRICK’S gin bottle.

Spiky Questions Around Patenting of Spike Proteins

28th July 2021

In an interview David E. Martin, the Chairman of the world’s largest underwriter of intangible assets gave his sceptical take on patents concerning SARS-CoV. These were further elaborated in a subsequent interview.

Appeals Court Finds Agreements Restricting Search Engine Keyword Bidding Not Anti-Competitive

21st July 2021

In 1-800 Contacts Inc v FTC 18-3848 the Court of Appeals for the Second Circuit (CA2C) has reversed the controversial majority decision of the Federal Trade Commission (FTC), which held that agreements that prevent competitors from bidding for their competition’s trademarked terms as search engine ad generating keywords are anti-competitive.