Apr
16

IP Hurdles in the Race for a Covid-19 Vaccine? (Part II)

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On June 12 of last year, a few short months into a pandemic which, by then, had already reached all corners of the globe, the present author made a prediction concerning the IP barriers to distribution of the various Covid vaccines that were, at the time, in the very early stages of their development " Hurdles in the Race for a Covid-19 Vaccine? " . The general thesis put forward in that article was that governments across the world would sooner guillotine their IP consultants in a public square than take their opinions seriously on the subject of vaccine rollouts...
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193 Hits
Jul
10

Iconic Ferrari 250 GTO Trademark (Partially) Cancelled

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" Cancellation Division considers that genuine use of the contested EUTM has been sufficiently demonstrated for the relevant factors in relation to toy vehicles, scale-model vehicles, whereas no use of the mark or proper reasons for non-use have been demonstrated in relation to any of the other goods for which it is registered . " Hardcore car enthusiasts (or just casual followers of the Top Gear series) know that the Ferrari 250 GTO is the holy grail of the automotive world – a car so valuable and revered that Jeremy Clarkson himself was denied the privilege of d...
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  1282 Hits
1282 Hits
Jun
12

IP Hurdles in the Race for a Covid-19 Vaccine?

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Perhaps the most common complaint about modern legal systems is that they stifle justice for want of simplicity. Lately, however, it seems that what most people had simply regarded as a disappointing (some might say necessary) feature of the law, has become a real and immediate danger. After all, every day wasted on regulatory bureaucracy in the pursuit of a globally available vaccine represents thousands more human lives lost to the disease. Now it is not merely justice that the legal system may stifle, but the availability of treatments for a deadly global pande...
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  2145 Hits
2145 Hits
Nov
13

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

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The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  [1] is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks. One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in orde...
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4412 Hits
Sep
08

Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users

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Early last month the Court of Justice of the European Union (CJEU) ruled that the reproduction of a photo on a website, not being the website through which the rightholder initially made that photo available to the public, constitutes a new communication to the public for the purpose of determining a copyright infringement claim. The Facts:- In case C-161/17, [1] Mr Renckhoff brought proceedings before the Courts of Hamburg against the local authorities having the direct supervision of a secondary school. Mr Renckhoff was a photographer by profession and in 2009 i...
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3330 Hits