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IP News to Peruse

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.

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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.

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Consultation on Fees for Replacement Plant Variety Rights Act

15th July 2021

As part of the current review of the Plant Varieties Act 1987 (see summary) IPONZ has released a wide-ranging consultation paper on the amount and structure of fees that should apply.

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Obtaining Patents with Fictional Data - More Than Just Plausible

12th July 2021

In the USA it is possible to obtain a patent using fictional data as the basis for the patent’s claims.

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Guidance on Finding Distinctiveness and Specification Sweet Spots

7th July 2021

In Flujo Sanguineo Holdings Pty Ltd v Merisant Australia Pty Ltd [2021] NZIPOTM 11 the Assistant Commissioner clarified when disclaimers are appropriate and also made a rare finding that the scope of the application’s specification was too broad on account of likely use.

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