Broad antibody claims under attack – USPTO issues memorandum raising written description requirements

Upon discovery of a novel biological target, an applicant may attempt to patent antibodies directed to the target, as such antibodies may have diagnostic and/or therapeutic applications. In the past, it has been possible to claim such antibodies in the US by merely stating that they are capable of binding the new biological target, and it was not necessary to characterise the structure or sequence of the antibody. Such an approach appears to be […]

By | March 8th, 2018 ||

Canada: Are Cover Bands Copyright Pirates?

When your favourite local cover band performs an exact rendition of Brown-Eyed Girl, Sweet Home Alabamaor Wagon Wheel, are they infringing the copyright of the song’s owner? Can cover bands and tribute bands be accused of “piracy” like the online file sharing community? Unfortunately, the current answer in copyright law is “yes” to both questions.
Copyright Act
As a starting point, under the Copyright Act, a reproduction of any work, such as performing a well-known song in a nightclub, without […]

By | March 6th, 2018 ||

USA: “Blurred Lines” Copyright Ruling Leaves Answers Blurry

On March 21, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict finding that Robin Thicke’s “Blurred Lines” infringed upon Marvin Gaye’s “Got to Give It Up.” This landmark, controversial case has shifted the paradigm of music and related entertainment, and we believe, will lead to a rise in copyright infringement litigation.

In June 2012, entertainers Robin Thicke and Pharrell Williams along with Clifford Harris, Jr. (a/k/a “T.I.”) wrote and […]

By | March 6th, 2018 ||