[The IPKat] Never too late: if you missed The IPKat last week
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Aug 7, 2019, 3:44:37 AM8/7/19
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Never too late: if you missed The IPKat last week
Summer may be more than half way over here in Europe but, as always, it’s never too late to catch up on the latest IPKat posts!
Patents
In Takeda v Roche: "Is it plausible? Is it true?", GuestKat Rose Hughes analyses the recent example of patent cases coming before the UK courts on the topic of growing clinical and economic significance of antibody-based therapeutics.
Rose Hughes also looks at the recent press release on the opinion of the Enlarged Board of Appeal in G 1/18here.
In Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa. Africa Correspondent Kat Chijioke Okorie looks at the flexibility available from the TRIPS Agreement and seeing how they can be adapted to suit the socio-economic realities of different countries.
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| Is the sun too much and you're staying in the shade like this Kat? |
Copyright
Mathilde Pavis looks at the recent of launch of the website ‘Cartography and Copyright’, by Professor Isabella Alexander from University Technology Sydney here.
GuestKat Ieva Giedrimaite looks at whether Andy Warhol’s use of a photograph of Prince Rogers Nelson (best known as Prince), is considered as fair use in Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York.
In English High Court raises eyebrows over request to disclose ISP customer data, GuestKat Alex Woolgar looks at an application made against Virgin Media to disclose the personal details of broadband subscribers identified by their IP address to have downloaded copyright films.
Mathilde Pavis also comments on the less (compared to the DSM Directive) reported Regulation 2019/1150 in The EU Regulation on fairness in the platform economy is a let down for intellectual property.
Kat friend Fredy Sánchez Merino provides a succinct round-up of IP matters in the Latin America region in Vallenato and Raicilla, take me south.
Following the CJEU’s ruling last year, the German Federal Court of Justice handed down its final decision regarding a case revolving around a picture of Cordoba in Spain. Peter Ling analyses this in Copyright Infringement Confirmed, but No Damages for "Cordoba" Photographer.
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| This Kat is enjoying the sun in Reunion Island while he can |
In a flurry of breaking news from the CJEU (in one day nonetheless!), Kat Eleonora Rosati looks at these rulings considering questions: whether use of a protected work for the reporting of current events requires authorisation; whether non-transformative sampling can infringe a phonogram producer’s right and whether German free use is compatible with EU law; and whether the freedom of information and the press can or cannot justify a derogation from the rights of copyright holders beyond allowed exceptions and limitations. Each post can be found here, here, and here respectively.
Trade marks
The question of whether trade mark law, and in particular the five-year grace period to commence “genuine use” (Art. 18(1) EUTMR), be adapted to account for the time lost waiting for the marketing authorization? Is looked at by GuestKat Peter Ling in his post "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks.
GuestKat Nedim Malovic breaks down the recent judgment of the Court of Justice of the European Union in CJEU dismisses Red Bull’s appeal concerning its colour combination marks.
In The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? Kat friend Shawn Poon tackles that question in a recent decision from Singapore.
Marriot Worldwide Corp. recently opposed Associazione Calcio Milan SpA’s (AC Milan) application to register their figurative mark (below) in Class 43. Asia Correspondent Kat, Tian Lu, looks at the EU General Court’s recent ruling in her post Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition.
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| The mark AC Milan sought to register |
Events
Rose Hughes also covers the CIPA seminar on the revised Rules of the Procedure of the Board of Appeal, which was held in London late July.
Book Reviews
Book Review Kat – Hayleigh Bosher delves into Justin Koo’s The Right of Communication to the Public in EU Copyright Law. She also reviews The Sir Hugh Laddie Lectures: The First Ten Years, which are a collection of the first decade events in the Sir Hugh Laddie Lecture series. Don’t forget IPKat readers can enjoy a 15% discount, using the code SHLL15 by placing an order before 1st September 2019!
Misc
Kat Annsley Merelle Ward dedicates a touching obituary for the late Sir Henry Carr QC, where colleagues share their memories of Mr Justice Carr.
Tosshan Ramgolam
GuestKat
The IPKat
Aug 13, 2019, 9:17:08 AM8/13/19
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Never too late: if you missed The IPKat last week
In The IPKat team: arrivals, farewells, and news, PermaKat Merpel introduces the new Kats and says goodbye to those Kats who will not continue with the blog. In spite of these changes, for Kat readers, it is always “never too late” to catch up on the latest IPKat posts.
Patents
In Nokia v. Daimler: (anti-)anti suit injunctions and the Brussels I regime in global FRAND litigation, new GuestKat Léon Dijkman reports on the dispute before the Munich Regional Court between Nokia and Daimler concerning standard essential patents in the automobile industry.
Léon further reports in Are FRAND-dispute too complex for PI proceedings? on the decision of the District Court of the Hague in Sisvel v. Xiaomi, addressing the issue of preliminary relief in a FRAND-related case.
GuestKat Rose Hughes, in When will the appeal fee be refunded?: G 1/18, the decision, reports on the opinion of the Enlarged Board of Appeal in G1/18 concerning the correct interpretation of Article 108 EPC in the context of Rule 101(1) EPC about the notice of appeal.
In Coloplast v Salts: Should UK infringement proceedings be stayed if the patent has been opposed? Rose reports on the decision of the UK High Court in Coloplast v Salts, in which the court applied the IPCom guidance (IPKat post here) to decide whether proceedings should be stayed in view of EPO opposition.
GuestKat Frantzeska Papadopoulou reports in Patent infringement in public procurement? Still awaiting an answer on a recent patent case in Sweden rejecting a claim of contributory infringement in connection with submission of a public tender.
Copyright
SpecialKat Hayleigh Bosher discusses in Jury awards Joyful Noise $2.8M in copyright infringement damages for Katy Perry's Dark Horse the reasons why the case of Marcus Gray v. Katheryn Elizabeth is a worrying precedent for songwriters because the threshold for infringement appears to have been driven ever lower.
Hayleigh Bosher reports and comments in Gigi Hadid Instagram copyright infringement case dismissed in the case Xclusive v. Jelena Noura Hadid concerning a celebrity’s use in her social media of an image taken by a photographer.
In US Senate Judiciary Committee approves small-claims copyright bill (CASE Act) and reports its to legislature without amendment, new Guest Kat Thomas Key reports on the approval by the US Senate Judiciary Committee of the small claims copyright bill (CASE Act) and explores the contents of the bill.
Trade marks
In AG opinion regarding Aceto Balsamico leaves a sour taste for Modena, GuestKat Alex Woolgar reports on the AG opinion in Case C-432/18, in which the AG advises the CJEU to rule that the terms “Aceto”, “Balsamico” and “Aceto Balsamico” should not be qualified for protection as protected geographical Indications (PGIs).
New InternKat Kan He summaries in 'Going down' is a trade mark that causes a bad influence on morality, says the Beijng High Court in China a trademark decision in China concerning the refusal to register a trade mark consisting of a common English phrase because it may have meaning that is contrary to public morality.
Kat friend Fredy Sanchez Merino reports in Latin-America – a whole lot of trademark activity is going on about trade mark activities in this region, including the Designation of Origin (DO) for Tequila in Brazil.
Thomas Key, in SportFuel is running empty after losing appeal: US 7th Circuit Court affirms that Gatorade’s slogan “Gatorade The Sports Fuel Company” is fair use, reports on the decision of the US 7th Circuit Court in SportFuel, Inc. v. PepsiCo, Inc. regarding whether use of another’s trademark in a marketing slogan is fair use.
Book Reviews
Previous GuestKat Eibhlin Vardy reviews the book, “Unified Patent Protection in Europe A Commentary”, by Winfried Tilmann & Clemens Plassmann. This book covers legal instruments of European patent protection in relation to unitary patent protection and the unified patent court.
Miscellaneous
PermaKat Neil Wilkof, reports here that Professor Shamnad Basheer, a renown IP scholar in India and the founder of the iconic IP blog, Spicy IP, has tragically passed away at the age of 42.
In Remembering Shamnad Basheer, Neil recounts Shamnad's manifold achievements in IP and his support in enabling poor Indian students' access to the National Law Schools.
New InternKat Riana Harvey in Thursday Thingies inter alia reported on the reduced copyright dispute mediation costs in Singapore.
TechieKat Verónica Rodríguez Arguijo, in WIPO launched its first program on IP for indigenous women, introduces the training and mentoring program on IP for women entrepreneurs from indigenous people and local communications.
SpecialKat Tian Lu reports in IP Tribunal of SPC opens first circuit trail in July 2019 on the first circuit trial of the IP Tribunal within the Supreme People’s Court of China and explains the reasons for the establishment of this court.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 229 [Week ending 4 August] Takeda v Roche: "Is it plausible? Is it true?" | Enlarged Board of Appeal in G 1/18 | Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa | ‘Cartography and Copyright’ | Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York. | English High Court raises eyebrows over request to disclose ISP customer data | The EU Regulation on fairness in the platform economy is a let down for intellectual property | Vallenato and Raicilla, take me south | Copyright Infringement Confirmed, but No Damages for "Cordoba" Photographer | breaking news from the CJEU (in one day nonetheless!) | "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks | CJEU dismisses Red Bull’s appeal concerning its colour combination marks | The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? | Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition | “Intellectual Property and the Visual” ISHTIP 2019 | CIPA seminar on the revised Rules of the Procedure of the Board of Appeal | Book Review: The Right of Communication to the Public in EU Copyright Law | Book Review: The Sir Hugh Laddie Lectures: The First Ten Years
Never Too Late 228 [Week ending 21 Jul] Celebrity misadventures in trade mark land | Chanel’s ‘Double C’ trade mark loss in China – an unacceptable conclusion? | Freedom of expression transcends morality in US trademark registration | Red Bull sues rival F1 sponsor Rich Energy for trade mark infringement | The copyright question that no one wanted: the rights of immigrant minors in their drawings in connection with their detention along the U.S./Mexico border | India's first dynamic injunction issued to block access to 'rogue websites' | Today's the 10-year anniversary of the CJEU judgment that changed EU copyright | Has the Cat Got Your Copyright? The dilemma of animal-created works | Guest post: YouTube shifts the burden: requires manual copyright claimants to timestamp the allegedly infringing material; simplifies the rectification process | Rome Court finds videosharing platform directly liable for content uploaded by users | Illumina v TDL (Round 2): Mr Justice Arnold finds NIPT novel, inventive and sufficient | No benefit of hindsight: BA rejects ex tunc assessment of an intervention in opposition (T 0439/17) | EQEs - don't speculate beyond the content of the paper (D 11/18) | Court of Appeal cancels RAND trial in ZyXEL v TQ Delta | Design litigation stats from the English courts make for good news for designers | Book Review: Research Handbook on Intellectual Property and Creative Industries | Book Review: The Protection of Non-Traditional Trade Marks | Book review: Copyright and fan productivity in China | Book review (and discount code!): Copyright and the Court of Justice of the European Union | Book review (and discount code!): Copyright and the Court of Justice of the European Union | South African IP researchers’ (AIPLITL) conference report – The IP and IT Law Innovation Interface | Event report - Second IP Researchers Europe Conference in Geneva | Why is there less innovation? Blame old geezers like me | Mr Justice Arnold to become Lord Justice Arnold: congratulations! | Join the UK IPO working group on IP enforcement
Never Too Late 227 [Week ending 7 Jul] This is original broadcast, says the Finnish Market Court on IPTV transmissions | Into image rights? Here's the call for articles for the JIPLP special 'image rights' issue! | BEAUTY & THE BAY not an infringement of BEAUTY BAY, says High Court | US copyright registration for the Tommy Hilfiger Flag denied due to insufficient originality | The reemergence of issues surrounding copyright and the Australian Aboriginal Flag… | Gigi Hadid, Smile for the Copyright | Eli Lilly v Fresenius Kabi: a decision far from equivalent to what has been decided before | Re-establishment: An isolated error in a well-functioning system may not be equivalent to all due care (J 05/18) | Roche shields itself from a UK Arrow: Pfizer v Roche | SPC manufacturing and stockpiling waiver comes into force | BREAKING: Mr Justice Arnold finds Conversant patent infringed but invalid for added matter in Conversant v Huawei | Guest post: "Growing war on intellectual property, a threat to health for all" | AG Bobek advises CJEU to annul the 'Fack Ju Göhte' decision and distinguish between 'public policy' and 'morality' (and, yes, freedom of expression also matters in trade mark law) | EUIPO Second Board of Appeal reminds that an opposition may be withdrawn at any time before a decision on appeal becomes final | Reader Discount: IP Seminar at Volvo Cars in Sweden on 8 and 9 October | Cars, sarapes and green beans, all southern style | AI: Decoding IP conference - day 1 highlights | AI: decoding IP conference - day 2 highlights | Book Review: The State of Creativity: The Future of 3D Printing, 4D Printing and Augmented Reality | Book Review: Copyright in the Information Society
Patents
In Nokia v. Daimler: (anti-)anti suit injunctions and the Brussels I regime in global FRAND litigation, new GuestKat Léon Dijkman reports on the dispute before the Munich Regional Court between Nokia and Daimler concerning standard essential patents in the automobile industry.
Léon further reports in Are FRAND-dispute too complex for PI proceedings? on the decision of the District Court of the Hague in Sisvel v. Xiaomi, addressing the issue of preliminary relief in a FRAND-related case.
GuestKat Rose Hughes, in When will the appeal fee be refunded?: G 1/18, the decision, reports on the opinion of the Enlarged Board of Appeal in G1/18 concerning the correct interpretation of Article 108 EPC in the context of Rule 101(1) EPC about the notice of appeal.
In Coloplast v Salts: Should UK infringement proceedings be stayed if the patent has been opposed? Rose reports on the decision of the UK High Court in Coloplast v Salts, in which the court applied the IPCom guidance (IPKat post here) to decide whether proceedings should be stayed in view of EPO opposition.
GuestKat Frantzeska Papadopoulou reports in Patent infringement in public procurement? Still awaiting an answer on a recent patent case in Sweden rejecting a claim of contributory infringement in connection with submission of a public tender.
Copyright
SpecialKat Hayleigh Bosher discusses in Jury awards Joyful Noise $2.8M in copyright infringement damages for Katy Perry's Dark Horse the reasons why the case of Marcus Gray v. Katheryn Elizabeth is a worrying precedent for songwriters because the threshold for infringement appears to have been driven ever lower.
Hayleigh Bosher reports and comments in Gigi Hadid Instagram copyright infringement case dismissed in the case Xclusive v. Jelena Noura Hadid concerning a celebrity’s use in her social media of an image taken by a photographer.
In US Senate Judiciary Committee approves small-claims copyright bill (CASE Act) and reports its to legislature without amendment, new Guest Kat Thomas Key reports on the approval by the US Senate Judiciary Committee of the small claims copyright bill (CASE Act) and explores the contents of the bill.
Trade marks
In AG opinion regarding Aceto Balsamico leaves a sour taste for Modena, GuestKat Alex Woolgar reports on the AG opinion in Case C-432/18, in which the AG advises the CJEU to rule that the terms “Aceto”, “Balsamico” and “Aceto Balsamico” should not be qualified for protection as protected geographical Indications (PGIs).
New InternKat Kan He summaries in 'Going down' is a trade mark that causes a bad influence on morality, says the Beijng High Court in China a trademark decision in China concerning the refusal to register a trade mark consisting of a common English phrase because it may have meaning that is contrary to public morality.
Kat friend Fredy Sanchez Merino reports in Latin-America – a whole lot of trademark activity is going on about trade mark activities in this region, including the Designation of Origin (DO) for Tequila in Brazil.
Thomas Key, in SportFuel is running empty after losing appeal: US 7th Circuit Court affirms that Gatorade’s slogan “Gatorade The Sports Fuel Company” is fair use, reports on the decision of the US 7th Circuit Court in SportFuel, Inc. v. PepsiCo, Inc. regarding whether use of another’s trademark in a marketing slogan is fair use.
Book Reviews
Previous GuestKat Eibhlin Vardy reviews the book, “Unified Patent Protection in Europe A Commentary”, by Winfried Tilmann & Clemens Plassmann. This book covers legal instruments of European patent protection in relation to unitary patent protection and the unified patent court.
Miscellaneous
PermaKat Neil Wilkof, reports here that Professor Shamnad Basheer, a renown IP scholar in India and the founder of the iconic IP blog, Spicy IP, has tragically passed away at the age of 42.
In Remembering Shamnad Basheer, Neil recounts Shamnad's manifold achievements in IP and his support in enabling poor Indian students' access to the National Law Schools.
New InternKat Riana Harvey in Thursday Thingies inter alia reported on the reduced copyright dispute mediation costs in Singapore.
TechieKat Verónica Rodríguez Arguijo, in WIPO launched its first program on IP for indigenous women, introduces the training and mentoring program on IP for women entrepreneurs from indigenous people and local communications.
SpecialKat Tian Lu reports in IP Tribunal of SPC opens first circuit trail in July 2019 on the first circuit trial of the IP Tribunal within the Supreme People’s Court of China and explains the reasons for the establishment of this court.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 229 [Week ending 4 August] Takeda v Roche: "Is it plausible? Is it true?" | Enlarged Board of Appeal in G 1/18 | Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa | ‘Cartography and Copyright’ | Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York. | English High Court raises eyebrows over request to disclose ISP customer data | The EU Regulation on fairness in the platform economy is a let down for intellectual property | Vallenato and Raicilla, take me south | Copyright Infringement Confirmed, but No Damages for "Cordoba" Photographer | breaking news from the CJEU (in one day nonetheless!) | "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks | CJEU dismisses Red Bull’s appeal concerning its colour combination marks | The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? | Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition | “Intellectual Property and the Visual” ISHTIP 2019 | CIPA seminar on the revised Rules of the Procedure of the Board of Appeal | Book Review: The Right of Communication to the Public in EU Copyright Law | Book Review: The Sir Hugh Laddie Lectures: The First Ten Years
Never Too Late 228 [Week ending 21 Jul] Celebrity misadventures in trade mark land | Chanel’s ‘Double C’ trade mark loss in China – an unacceptable conclusion? | Freedom of expression transcends morality in US trademark registration | Red Bull sues rival F1 sponsor Rich Energy for trade mark infringement | The copyright question that no one wanted: the rights of immigrant minors in their drawings in connection with their detention along the U.S./Mexico border | India's first dynamic injunction issued to block access to 'rogue websites' | Today's the 10-year anniversary of the CJEU judgment that changed EU copyright | Has the Cat Got Your Copyright? The dilemma of animal-created works | Guest post: YouTube shifts the burden: requires manual copyright claimants to timestamp the allegedly infringing material; simplifies the rectification process | Rome Court finds videosharing platform directly liable for content uploaded by users | Illumina v TDL (Round 2): Mr Justice Arnold finds NIPT novel, inventive and sufficient | No benefit of hindsight: BA rejects ex tunc assessment of an intervention in opposition (T 0439/17) | EQEs - don't speculate beyond the content of the paper (D 11/18) | Court of Appeal cancels RAND trial in ZyXEL v TQ Delta | Design litigation stats from the English courts make for good news for designers | Book Review: Research Handbook on Intellectual Property and Creative Industries | Book Review: The Protection of Non-Traditional Trade Marks | Book review: Copyright and fan productivity in China | Book review (and discount code!): Copyright and the Court of Justice of the European Union | Book review (and discount code!): Copyright and the Court of Justice of the European Union | South African IP researchers’ (AIPLITL) conference report – The IP and IT Law Innovation Interface | Event report - Second IP Researchers Europe Conference in Geneva | Why is there less innovation? Blame old geezers like me | Mr Justice Arnold to become Lord Justice Arnold: congratulations! | Join the UK IPO working group on IP enforcement
Never Too Late 227 [Week ending 7 Jul] This is original broadcast, says the Finnish Market Court on IPTV transmissions | Into image rights? Here's the call for articles for the JIPLP special 'image rights' issue! | BEAUTY & THE BAY not an infringement of BEAUTY BAY, says High Court | US copyright registration for the Tommy Hilfiger Flag denied due to insufficient originality | The reemergence of issues surrounding copyright and the Australian Aboriginal Flag… | Gigi Hadid, Smile for the Copyright | Eli Lilly v Fresenius Kabi: a decision far from equivalent to what has been decided before | Re-establishment: An isolated error in a well-functioning system may not be equivalent to all due care (J 05/18) | Roche shields itself from a UK Arrow: Pfizer v Roche | SPC manufacturing and stockpiling waiver comes into force | BREAKING: Mr Justice Arnold finds Conversant patent infringed but invalid for added matter in Conversant v Huawei | Guest post: "Growing war on intellectual property, a threat to health for all" | AG Bobek advises CJEU to annul the 'Fack Ju Göhte' decision and distinguish between 'public policy' and 'morality' (and, yes, freedom of expression also matters in trade mark law) | EUIPO Second Board of Appeal reminds that an opposition may be withdrawn at any time before a decision on appeal becomes final | Reader Discount: IP Seminar at Volvo Cars in Sweden on 8 and 9 October | Cars, sarapes and green beans, all southern style | AI: Decoding IP conference - day 1 highlights | AI: decoding IP conference - day 2 highlights | Book Review: The State of Creativity: The Future of 3D Printing, 4D Printing and Augmented Reality | Book Review: Copyright in the Information Society
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