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… differences exist across jurisdictions around the world with regard to the concept of patent exhaustion. In 1911, Australia introduced the doctrine of implied license. A legal fiction was created whereby the patentee was assumed to have granted the buyer a license for the product via sale. This was done to resolve the legal tension that may otherwise exist between the patentee who retained rights in the product following the sale and the rights of the consumer. In a recent case, the doctrine of … courts to determine specific license amounts. Sources: JUVE Patent, 3 December 2020, available here. Lexology, 26 November 2020, available here. 3.3 HTC successfully nullifies LED patent HTC recently won a case over an LED technology patent before the German Federal Patent Court. The Court nullified the patent owned by Tridonic. The patent concerns LED technology used for backlights in mobile phones. Backlight is a feature in mobile phones that helps users switch on the lights and see in … claim. In the Federal Patent Court, the original version as well as 14 other auxiliary requests of the patentee were rejected. The patent was nullified in its entirety. In its reasoning, the Court stated that the patent was neither new nor inventive, when compared to prior art submitted by HTC. Source: JUVE Patent, 4 December 2020, available here. 4. Trademarks 4.1 No 3D trademark for wine bottles The CJEU recently denied trade mark protection for the shape of a wine bottle. It confirmed that EU …

… 2021, available here. 1.3 The epic Epic versus Apple grapple continues in the EU Epic Games recently filed an antitrust complaint against Apple with the European Commission. The complaint alleges that Apple’s practice of charging a 30% fee on App Store purchases is anti-competitive. Epic Games claims that Apple has “eliminated competition in app distribution and payment processes”. The complaint forms part of a series of actions initiated by Epic Games against Apple. Legal proceedings are already … in Spain, as Spanish copyright law affords protection to all original creations irrespective of the way or type of expression. Carlos’ case reignites the debate regarding the right of integrity under Article 6bis of the Berne Convention, particularly when such works are political in expression. Sources: El País, 9 February 2021, available here. IPKitten, 17 February 2021, available here. 2.3 Leaked letters raise questions of copyright over electronic drafts on private phones In February 2019, … 2020, attempted to rely on the deadline extension announced by the EPO in light to the COVID-19 pandemic before the Board of Appeal. The appellant had failed to state its reason for the delay in filing, while making only general reference to COVID-19. When considering the admissibility of the application, the Board opined that the notice in the Official Journal had created legitimate expectations that the extension of the deadlines would be permitted irrespective of whether the notice was justified. …