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For those who are interested in recent cases and developments
about copyright and related matters there have been several
developments since the last entry.
The Supreme Court of Canada Grants Leave
In
Agency 174 C.P.R (4
th) (FCA) 1leave to appeal
to the Supreme Court of Canada has been granted. It appears that
issues to be considered by the court include the following
When determining whether copying in
the educational context constitutes “fair dealing” (and
thus not infringement) under ss. 29, 29.1 and 29.2 of the Copyright
New ITC 337 Investigation Powered by Battery Design Patents Friday, February 5, 2021
, 337-TA-1244, is notable as the first time in recent memory that a battery company has sued in the US International Trade Commission (ITC) for design patent infringement. Battery patents typically cover new and useful features of a battery,
e.g. a cathode composition, an electrode architecture, a battery housing, or management software. That which is patented is rarely visible on a battery or a product a consumer might buy. In this case, One World Technologies, Inc. and Techtronic Power Tools Technology Ltd. (“One World”) allege that a list of defendants infringe their battery patents by importing batteries that
Tuesday, February 2, 2021
US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the UK was the most appropriate forum to try the dispute. This is the first injunction under the relatively new UK Trade Secrets Regulations 2018 based on the EU Trade Secrets Directive. The judgment, which has now been confirmed on appeal to the Court of Appeal, contains a number of helpful clarifications on the approach that the UK courts will take to the protection of confidential information, particularly on a cross-border basis.