Podcast Location:
Download it here [file size: 52.5 MB]
Categories:
Intellectual Property Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

How did a dispute involving replacement parts of patented Intermediate Bulk Containers reach the Supreme Court? This podcast explains the long-awaited ruling in Schutz v Werit [2013], only the second patents case to ever be heard by the Supreme Court. It explains the Supreme Court’s approach to the question of whether the replacing of a part amounted to ‘making’ the product, an infringing act under s.60(1)(a) of the Patents Act 1977. It further explains the implications of the distinction between ‘repairing’ and ‘making’ for intellectual property practitioners advising on these issues in the future.

Outcomes:
After completing the course you will:
  • Understand the implications of the Supreme Court’s decision in Schutz v Werit;
  • Know the way in which the Supreme Court approached and ruled on the meaning of the word ‘makes’ in relation to patent infringement;
  • Understand the controversial issue of the inventive concept and how it has been approached by the courts.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Nestec SA & others v Dualit Ltd & others [2013] EWHC 923 (Pat);
  • Patents Act 1977;
  • Shutz v Werit [2013] UKSC 16 (13 March 2013);
  • United Wire Ltd v Screen Repair Services (Scotland) Ltd [2004] All ER 353.

In this podcast James Rowlands from Wragge & Co explains what the Supreme Court’s recent ruling on patent infringement will mean for IP practitioners.

Date Recorded: 13th June 2013

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