IP In The News – 5 February 2015


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Summary: Our regular update on developments in the world of IP, this week UK Patent Court ruling on an infringement of a “Swiss-type” patent claim, legislation on packaging of tobacco products and a US Court ruling on copyright of recipe ingredients.

 Swiss claims, intention and patents

The UK Patents Court has ruled that when considering infringement of a “Swiss-type” patent claim (e.g. one which claims a particular use for a medicament) the subjective intention of the manufacturer must be considered, namely whether the manufacturer intended the drug to be used for the particular use covered by the patent. It was not enough that the manufacturer knew that it was likely to be used for the use covered by the patent (the Warner-Lambert case).

Tobacco and trade marks

The UK Government has announced that it now intends to pass legislation this year introducing a requirement for plain packaging for tobacco products.

Recipes and copyright

A US Court has ruled that there is no copyright in the list of ingredients for a recipe appearing in a recipe book. This is an interesting issue which is treated in different ways in different jurisdictions, and extends beyond simply food recipes to issues such as the constituent elements of paint colours, for example “(the Tomaydo-Tomahhdo case)”.

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