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Fordham IP Conference 2019

Bloomsbury IP/IT Law Briefing

James Nurton
Bloomsbury Professional

Judges, academics and IP practitioners participated in the 27th Annual Intellectual Property Law & Policy Conference at Fordham Law School, New York on 25 and 26 April.

Among those taking part from the UK were Mr Justice Arnold, who reviewed the case law on blocking injunctions in copyright and trade mark cases and criticised the UK Supreme Court’s judgment in Cartier, and Professor Sir Robin Jacob, who expressed dissatisfaction with the current practice on exhaustion of rights. He proposed the development of an international system where the default is worldwide exhaustion, and there are rational exceptions dictated by the nature of the product rather than the kind of IP right involved.

One of the main topics discussed by speakers from the United States was patent eligibility under Section 101. USPTO Director Andrei Iancu said: “This must be fixed now” and argued that the Court of Appeals for the Federal Circuit can tackle the problem, including by hearing cases en banc where appropriate. However, other speakers including former Federal Circuit Chief Judge Paul Michel and Don Dunner of Finnegan Henderson suggested that Congress needs to pass new legislation to resolve the issue.