Category Archives: Intellectual Property

Megaupload founder Kim Dotcom loses extradition appeal

New Zealand's Court of Appeal has ruled that Internet entrepreneur Kim Dotcom, born Kim Schmitz, is eligible for extradition to the United States. The German national, who is accused of industrial-scale online piracy, had asked the court to overturn two previous rulings that he and his three co-accused be sent to the US to face charges. Instead, a panel of three judges backed the FBI-led case, which has dragged on for more than six years. The saga is widely seen as a test for how far the United States can reach globally to apply American firms' intellectual property rights. The court said in a statement that: "The evidence relied on by the United States discloses a clear prima facie case to support the allegations that the appellants conspired to, and did, breach copyright wilfully...
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€35k court award costs over €2m in legal fees 

He found Nualtra had infringed NutriMedical’s trademark in relation to the nutritional supplement drink Nutriplete. The drink is only sold to medical professionals and not directly to the consumer. Nualtra marketed its drink under the name Nutraplen with very similar visual and aural marks and with a limited conceptual similarity, the judge found. Nualtra renamed and rebranded the product after the legal proceedings began. The chief executive of Nualtra told the court it had never occurred to him to give an undertaking to NutriMedical not to use Nutriplen which could have obviated the need for litigation, said the judge. Nualtra said the cost to it of just defending the proceedings amounted to €1.3m. If it has to pay Nutrimedical’s costs, this will be over €2m, said the judge. Source:...
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New court for intellectual property rights

  The establishment of a new court described as crucial to securing the future of the so-called “knowledge economy” will require a referendum to amend the Constitution, possibly by the end of this year or early in 2016. Last November, the Government confirmed that a local division of the Unified Patent Court will be established in Ireland, which would allow businesses to resolve disputes around intellectual property rights IPR locally rather than in other EU member states. A single court case will therefore decide on the validity of a patent throughout up to 25 states, eliminating the need for country-by-country litigation. The European Commission has proposed the establishment of a “seamless, integrated single market for intellectual property rights”, which will also include the establishment of a unitary patent for Europe. Patent protection is...
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