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Tag Archives: generic

EU SPC Manufacturing Waiver now in force

The SPC Manufacturing Waiver (the “Waiver“) is now in force, effective from 1 July 2019 (Regulation 2019/933 amending the SPC Regulation 2009/469). The Waiver has been introduced with the stated aim of putting EU generic and biosimilar manufacturers on a level playing field with their competitors in third countries. The Waiver carves out of SPC

WIPO: Be aware of generic terms in domain name dispute resolution

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel denied the transfer of a domain name because the Complainant failed to demonstrate that the Respondent lacked rights or legitimate interests in the disputed domain name. Background The Complainant was Pharming Group N.V.

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The Coca-Cola Co. (“TCCC”) over the registrability and, correspondingly, the inherent protectibility of the term ZERO as applied to