This month’s IP and IT Briefing covers three important copyright cases from the CJEU – the Kraftwerk case on samples (Pelham GmbH, Moses Pelham, Martin Haas v Ralf Hütter, Florian Schneider‑Esleben), a question on the reporting exception (Spiegel Online GmbH v Volker Beck) and one on the publication of government documents (Funke Medien NRW GmbH v Federal Republic of Germany). All three cases were referred from Germany and concerned the interpretation of the 2001 InfoSoc Directive.
Four judgments from the UK courts published at the end of January are also included. In Coloplast A/S v Salts Healthcare Ltd, Mr David Stone (sitting as a Deputy High Court Judge) refused an application to stay proceedings in a patent case where opposition proceedings are pending at the EPO. Considering the balance of justice overall, he said that the claimant had demonstrated that there were sufficient reasons to displace the default option of a stay.
In Quinn Packaging Ltd v Linpac Packaging Ltd & Anor, an IPEC case, His Honour Judge Hacon found two patents for food containers invalid for lack of inventive step.
There were two trade mark judgments from the IPEC, both given by Mr Recorder Douglas Campbell QC. Claridge’s Hotel Ltd v Claridge Candles Ltd & Anor concerned an attempt by Claridge’s Hotel to stop the sale of CLARIDGE branded candles and other goods. The judge found infringement under Section 10(3) and passing off. In NXP BV v ID Management Systems the judge found for the claimant in a case concerning the sale of allegedly counterfeit RFID smart cards.
Our regular Brexit update looks at a paper on an ideal future trading relationship for legal services published by the Law Society, as well as recent comments from the CIPA President.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.