[The IPKat] Never too late: if you missed the IPKat last week ...
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Blogger
Jun 8, 2015, 7:21:59 AM6/8/15
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Anyway, here is Alberto's summary:
It's a crime -- or might be, as another software exhaustion case heads for Luxembourg
After UsedSoft [on which see Eleonora’s post here], another copyright-exhaustion-and-software reference is on its way to the Court of Justice of the European Union (CJEU), Jeremy reports.Opposition is golden as Kraft's ORO marks do their job
Valentina writes about the General Court’s decision in Cases T-218/13 and T-271/13, involving the ‘ORO’ Italian and Community trade marks and addressing signs having different meanings depending on which EU language you refer to.The Last Miles, or still edging along? Patent reform in Europe
Jeremy presents the next Premier Cercle conference, entitled "Unitary Patent & Unified Patent Court 2015: The Last Miles". It takes place on Thursday 16 July in the fabulous land of Eponia.Copyright in the Bahamas: a tale of art and septic tanks
Is a technical drawing worthy of protection under the Bahamian Copyright Act? This question, posed in relation to the law of the Bahamas, was answered by the Privy Council in Gold Rock Limited v Nylund Hylton [2015] UKPC 17, about which guest blogger Kevin Winters tells all.Copyright cases for the CJEU: have your say
Two more references, respectively from Germany and the Netherlands, are heading the CJEU’s desks. The first one regards TV screens in rehabilitation institution’s rooms and communication to the public. The second [already reported by the IPKat here and here] could save us all from CJEU’s earlier ambiguity in terms of liking-and-copyright.When trade secrets lead to a herd mentality in investing: the FoMO phenomenon
FoMO is "a pervasive apprehension that others might be having rewarding experiences from which one is absent”. What has this to do with investing in companies that own trade secrets? Neil explains.Trowel and Error: power-tools aren't similar to manual ones, says General Court
Valentina reports on another GC decision, this time in Case T-254/13 Stayer Ibérica, SA v OHIM, ZAO Korporaciya ‘Masternet’, addressing when goods are complementary or in competition for the purposes of their similarity.
Independence of the Boards of Appeal - EPLAW and CCBE comment
Back in March, Merpel penned on the proposal by the President of the European Patent Office for plans to reform the administration of the Boards of Appeal [proposals here and here; Merpel's comments here]. Readers may recall that there is currently running a consultation on these proposals, and that both AMBA (the Association of Members of the Boards of Appeal) and the Presidium of the Boards of Appeal have commented on them already. Now it is the turn of EPLAW (the European Patent Lawyers Association) and the CCBE (the Council of Bars and Law Societies of Europe) turn to have their say -- and for Merpel to have her say on those associations’ having their say.******************PREVIOUSLY, ON NEVER TOO LATENever too late 48 [week ending on Sunday 31 May] - The meaning of EPO appeal system | 3D Printing and the law | Epo and external investigation firms | Umbrella designs | US Supreme Court in Commil USA, LLC v Cisco Systems | European Inventor Award | FIFA and brand integrity | Warner-Lambert v Actavis | Wine in Black GmbH v OHIM | IP and busking | Swiss-style claims.Never too late 47 [week ending on Sunday 24 May] - Nicolas Sarkozy and the IP | Another reference on TM licences to the CJEU | UPC test-drive | Swatch v Swatchball | New Lisbon Treaty on appellations of origin and geographical indications | UP renewal fees | Synthon v Teva | GC on Yoshida | UPC Court fees event | EPO staff under fire | The trade-secret option | Damages |AstraZeneca AB & Another v KRKA dd Novo Mesto & Another | F1 back on stage.Never too late 46 [week ending on Sunday 17 May] – Whyte & MacKay Ltd v Origin Wine UK Ltd and Dolce Co Invest Inc | "Three aspects of information: Current issues in trade secrets, client confidentiality and privilege" -- a new event | CJEU upon distribution right inDimensione Direct Sales srl and Michele Labianca v Knoll International SpA| UK Supreme Court on Mere reputation and passing-off | 14 million kat-thanks | Actual confusion at INTA | Italy's twist on UP Package | Moral authorship over promotional spot in Italy.Never too late 45 [week ending on Sunday 10 May] – INTA 2015 and the Kat | IP and Competition Law | Sky v Skype | CJEU v Spain| Digital Single Market Strategy | IPCom v HTC | European Qualifying Examination appealed | UPC fees | CJEU and 3-D marks | EPO Oral Proceedings.
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Posted By Blogger to The IPKat on 6/08/2015 12:20:00 p.m.
Jeremy Phillips
Jun 15, 2015, 10:21:37 AM6/15/15
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Never too late: if you missed the IPKat last week ...
Don't forget: there's also a mini-summary at the bottom of the post that lists the features carried by this weblog over the previous month.
Last week's substantive Katposts look like this:
After posting this report of the Court of Appeal, England and Wales, judgment delivered by Lord Justice Floyd in Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others [2015] EWCA Civ 556, Darren reflects on what it all means and asks if maybe all the judges in this litigation got it wrong.* Play the name game with Giovanni? General Court does not duck the issue
Valentina explains Case T-559/13 Giovanni Cosmetics Inc. v OHIM, Vasconcelos & Gonçalves SA, where the Court had to decide on a likelihood of confusion between two Italian-sounding marks for cosmetics.* IP litigation and enforcement: the pendulum effect -- and a new event
IP enforcement and IP conferences are like a pendulum, Jeremy says. In times of plenty, people avoid going to court and spend their time making money through commercial exploitation. In times of recession, though, they rush to litigate in order to preserve their rights. The past couple of years, though, has been a bit on an exception -- and “IP litigation and Enforcement”, the next IQPC event (London, 2 and 3 July), demonstrates this. Kat-discounts available!* Save our open WiFi: an open letter
A few months ago, Eleonora reported on a new reference to the Court of Justice of the European Union (CJEU). seeking clarification as to whether -- among other things -- the provider of password-free free WiFi may be liable for third-party copyright infringements. Now, the Electronic Frontier Foundation has just published an open letter on that point. Katfriend Martin Husovec tells all.* "Spy scandal" - EPO hits the news in Germany
A German newspaper reports that computers on the EPO premises which were available for use by the public, by attorneys visiting the office, and by members of the Administrative Council, had keylogger software installed, which could have recorded all user inputs as well as taken snapshots of the screen and photos. Merpel has her say on that Eponian spy-story.* Robin reliant on opposition, but can he fend off Fenty?
There’s a tussle between superstar Rihanna and DC Comics over a name in which they have a mutual interest. Katfriend and former guest Kat Rebecca Gulbul covers it.* What the ...! Wathelet gives Nestlé application a bit of stick
CJEU’s Advocate General Wathelet delivered his Opinion in the keenly-awaited dispute in Case C‑215/14Société des Produits Nestlé SA v Cadbury UK Ltd, a reference from Mr Justice Arnold in the Chancery Division of the High Court, England and Wales [noted by the IPKat here and here]. As Jeremy explains, it deals with the ‘Kit Kat’ chocolate-snack and its protection as trade mark.* A taste of things to come? Dutch court rejects sensory copyright claim
In the Netherlands, the Gelderland District Court has just rejected an attempt to protect through copyright the taste of an allegedly original work of authorship, this being a snack ...* Is connectivity a human right? Filling a gap between uncertainty and opportunity
The title of Valentina’s great post is quite self-explanatory* "Three aspects of information: Current issues in trade secrets, client confidentiality and privilege": a report
Again Katfriend Rebecca Gulbul provides this report on "Three aspects of information: Current issues in trade secrets, client confidentiality and privilege", a CIPA-IPKat seminar that took place past Wednesday.* Is 3D printing good or bad for counterfeiting?
How might 3D printing affect the counterfeiting business? Neil tries to foresee what consequences the most debated -- and, perhaps, overrated – new technology may have for the dark side.* A prelude to patent litigation? Ericsson tackles Apple in Europe
Occasional IP blogger and Katfriend Thomas Dubuisson has sent us the following account of some forthcoming patent litigation which should be of the greatest interest to fair, reasonable and non-discriminatory (FRAND) IP licence enthusiasts in Europe.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.
Never too late 48 [week ending on Sunday 31 May] - The meaning of EPO appeal system | 3D Printing and the law | Epo and external investigation firms | Umbrella designs | US Supreme Court in Commil USA, LLC v Cisco Systems | European Inventor Award | FIFA and brand integrity | Warner-Lambert v Actavis | Wine in Black GmbH v OHIM | IP and busking | Swiss-style claims.Never too late 47 [week ending on Sunday 24 May] - Nicolas Sarkozy and the IP | Another reference on TM licences to the CJEU | UPC test-drive | Swatch v Swatchball | New Lisbon Treaty on appellations of origin and geographical indications | UP renewal fees | Synthon v Teva | GC on Yoshida | UPC Court fees event | EPO staff under fire | The trade-secret option | Damages |AstraZeneca AB & Another v KRKA dd Novo Mesto & Another | F1 back on stage.Never too late 46 [week ending on Sunday 17 May] – Whyte & MacKay Ltd v Origin Wine UK Ltd and Dolce Co Invest Inc | "Three aspects of information: Current issues in trade secrets, client confidentiality and privilege" -- a new event | CJEU upon distribution right inDimensione Direct Sales srl and Michele Labianca v Knoll International SpA| UK Supreme Court on Mere reputation and passing-off | 14 million kat-thanks | Actual confusion at INTA | Italy's twist on UP Package | Moral authorship over promotional spot in Italy.
Jeremy Phillips
Jun 23, 2015, 3:14:48 AM6/23/15
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As usual, our dear friend Alberto Bellan has given up some of his precious weekend time to update readers on the many and various items that have been plastered across the blogosphere by the IPKat, Merpel and their human colleagues. This is what happened on this weblog last week:
* The Loi Hamon: France sets new standards for industrial and artisanal GIsFollowing the recent successful outcome of the Geneva diplomatic conference on the revision of the Lisbon Agreement on Appellations of Origin and Geographical Indications [on which see earlier Katpost here]. There's further news now, coming from France, where an Implementing Decree for the 2014 Loi Hamon was issued last week. Katfriend Marie-Gabrielle Plasseraud tells all.* Monarchy in the United States: validity is king, for patents at any rate
This is the first post from Jeremy on IPBC Global 2015 Intellectual Property Business Conference of San Francisco. The first three sessions, dealing respectively with patent sales and purchases, inventor-entrepreneurs, and small businesses have been posted on the IP Finance blog here, here, and here. This post deals with a more mainstream IP topic, patent validity, which was the subject of the "Validity is king" breakout session.* Given up on following the EPO posts? Here's a recap of the year to date
Merpel has had a busy year to date, writing primarily about the governance crisis at the European Patent Office (EPO). This is a recap post written by the very same Merpel, who intends to bring new readers up to speed, as well as to assist regular readers who may have skipped past those posts and who want a synopsis of what exactly is rotten in the state of Eponia.* Not the only regional ogre: does EPO have a soul-mate in OAPI?
If you thought that the European Patent Office (EPO) was the only international intellectual property administration that was coming under the scrutiny of an increasingly critical world for behaviour that ill befits its status, think again: the African Intellectual Property Organization -- better known by its French acronym OAPI -- seems to be suffering from the same malaise. The floor goes to Katfriend Tove Graulund.* Lego 3D manikin mark valid, says General Court
Jeremy reports on Case T‑395/14 Best-Lock (Europe) Ltd v OHIM, Lego Juris A/S, a General Court of the European Union decision regarding the validity of a Lego Community trade mark that will be familiar to many readers who are children, have children or are movie buffs: the three-dimensional shape of a little Lego man.* Swiss cheese, Innocence and a question of guilt: Garcia v Google explained
Valentina discusses the US Court of Appeals for the Ninth Circuit reversing its earlier decision in Garcia v Google [the first round was noted on the IPKat here].* Harmonious global patent harmonisation? B+ subgroup asks for comments
The UK Intellectual Property Office's CEO, John Alty CB is chairman of a group of representatives from countries and organisations known as Group B+ which focuses on patent harmonisation. The Thoughts of Chairman Alty, which is in subject of this Jeremy’s post, are nothing less than Alty’s memo on the sub-group's progress.* Slowly stopping counterfeits in transit: EU prepares to prepare to act ...
The Committee of Permanent Representatives of the EU agreed, on 10 June 2015, the final compromise text of the Council of the European Union on the proposal for a new EU Regulation on the (to be renamed) EU Trade Mark, which includes a provision which strengthens the fight against counterfeit goods in transit through the territory of the EU. Katfriend Joe Cohen (Collyer Bristow LLP) tells what it is about.* French toast leaves a sour taste for Battistelli on EPO's big day
The management of the European Patent Office has generally been able to count on public expressions of support and smiling photo opportunities with national politicians when EPO President Benoît Battistelli goes offsite on his travels. What a shock it must have been, therefore, for him to be pointedly reminded of his shortcomings by a member of the French government when visiting his home country. Merpel tells all.* When the business is over: an IP enthusiast's thoughts from San Francisco
IP conferencing may be hard, and even harder it would be without people (i) who actually attend certain events and (ii) who have enough energy to reflect and draft a report on the conference. Jeremy, who is one such specimen, drafts the final report of IPBCGlobal 2015 [reported in nine blogposts on IP Finance and one on this weblog too].* Pots and kettles, glass houses and stones -- the USA and Canada exchange views on jurisdiction
In this guest post, long-time Katfriend Dan Bereskin (Bereskin & Parr LLP) gently chides the United States for its regular criticism of its northern neighbour's failure to take sufficient steps to deal with piracy and counterfeiting.* Going Dutch: a national initiative on data breach notification overtakes EU proposal
Valentina tells us all about recent Dutch Parliament reforms regarding the notification of data breaches.* The Supreme Court in Starbucks (HK); on adjectives and reluctance to embrace change
Neil further reflects on UK Supreme Court’s decision in Starbucks (HK) and another v British Sky Broadcasting Group [here], focusing on the Court’s use of adjectives and proof of goodwill.* Lack of fair compensation requirement in UK private copying exception not supported by sufficient evidence, High Court rules
Many words have been written on Green J’s judgment in BASCA v The Secretary of State for Business, Innovation and Skills, where compatibility of UK-version of private copying exception with EU law was at stake, most of them being at the very least misleading. Fortunately, the Kat-readership has eLAWnora, someone you can trust.* Letter from AmeriKat: The patent "wrist" race begins, copyright bother for Bieber & 2016 election preview
Annsley serves a delicious summer cocktail of patent litigation, music, and politics. Enjoy it!* Letter from Japan 1: product placement
(Almost) directly from Japan, Laetitia Lagarde pens the first of an occasional series of Japan-related blog posts. This one is on product placement.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 50 [week ending on Sunday 7 June] - Swiss claims | Italian-sounding trade marks for cosmetics | “IP litigation and Enforcement” event | Saving WiFi | Spy scandal at the EPO | Rihanna v DC Comics | KitKat trade mark | Taste trade marks in the Netherlands | Connectivity and human rights | Trade secrets, client confidentiality and privilege | 3-d printing and counterfeiting | Ericsson v Apple in the FRAND battlefield.
Never too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.Never too late 48 [week ending on Sunday 31 May] - The meaning of EPO appeal system | 3D Printing and the law | Epo and external investigation firms | Umbrella designs | US Supreme Court in Commil USA, LLC v Cisco Systems | European Inventor Award | FIFA and brand integrity | Warner-Lambert v Actavis | Wine in Black GmbH v OHIM | IP and busking | Swiss-style claims.Never too late 47 [week ending on Sunday 24 May] - Nicolas Sarkozy and the IP | Another reference on TM licences to the CJEU | UPC test-drive | Swatch v Swatchball | New Lisbon Treaty on appellations of origin and geographical indications | UP renewal fees | Synthon v Teva | GC on Yoshida | UPC Court fees event | EPO staff under fire | The trade-secret option | Damages |AstraZeneca AB & Another v KRKA dd Novo Mesto & Another | F1 back on stage.
Labels: round-up
Jeremy Phillips
Jun 29, 2015, 12:44:16 PM6/29/15
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Valentina provides a useful summary of the major innovations of the European Trade Mark Reform draft just issued by the EU Council [on which the IPKat recently reported here].* Hello goodbye: no estoppel as licensee gets the push
Motivate Publishing FZ LLC and another v Hello Ltd [2015] EWHC 1554 (Ch) is a Chancery Division, England and Wales, ruling concerning termination, (non)-renewal, and estoppel within the context of an international publish licence agreement.* Poll results: Inventor of the Year
A few weeks ago, the IPKat asked whether the European Patent Office (EPO) ought to be organising and funding the European Inventor of the Year award. His concerns were twofold: the resources that are devoted to this event, and the fundamental question of whether the EPO ought to be seen to be ranking different inventions in terms of their merits. Also, the IPKat ran a sidebar poll to see how readers feel about this event. Here are the results, presented by David.* Are you a new IP lawyer in search of a network? Here's something for you
Are you a 'new' IP practitioner or academic -- whether with a legal or non-legal background -- looking for a network to join in order to share ideas and discuss topical issues facing this great area of the law? Then you may be interested in the recently created New IP Lawyers Network, which Eleonora presents in this post.* Delfi v Estonia: ISPs and the freedom to impart information
Katfriend Christina Angelopoulos writes about Delfi v Estonia, a bizarre decision in which the European Court of Human Rights ruled on whether an online newspaper could be liable for the comments of its readers.* Consultation event on Court Fees for the Unified Patent Court - and news on timing of UK implementation
Darren reports on the consultation event on the Court fees for the Unified Patents Court, a joint enterprise between the Intellectual Property Office, the IP Federation, and the Chartered Institute of Patent Attorneys.* Not so secret agent: when Bond isn't 007 but 0.77
In "The wounded patent survived, was only just infringed, but no injunction", here, Darren wrote about the decision of Birss J in Smith & Nephew Plc v ConvaTec Technologies Inc [2013] EWHC 3955 (Pat), a technically detailed case which amused Merpel, who commented that a case that started off being basically about chemistry ended up being basically about mathematics. The Court of Appeal (Lords Justices Kitchin, Briggs and Christopher Clarke), at [2015] EWCA Civ 607 , then allowed ConvaTec's appeal and dismissed Smith & Nephew's cross-appeal. Jeremy offers an introduction …* Round, round: how to round? How do we round?
… and then Darren takes the floor for a more in-depth analysis.* Canary Wharf: great place name, not much hope for a trade mark ...
Jeremy writes upCanary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks [2015] EWHC 1588 (Ch), a Chancery Division, England and Wales, decision with a history, and a curious trade mark tale too.* A novel becomes a saga - Actavis v Lilly set to go on and on
The IPKat blogged last year about the masterful and erudite judgment of Mr Justice Arnold in Actavis v Lilly (judgment on BAILII here), concerning pemetrexed. In the brand-new Court of Appeal decision just out - Actavis UK Ltd & Others v Eli Lilly & Company [2015] EWCA Civ 555 (25 June 2015), Lord Justice Floyd (Lords Justices Kitchin and Longmore concurring) disagreed with Arnold J on two main issues. The floor goes to Darren.* Council of Europe focuses on Eponia, and there's more to come
Pierre Yves le Borgn' [the apostrophe is not a typo -- it belongs to his name], a French Representative in the Parliamentary Assembly of the Council of Europe, has initiated a Declaration concerning recent developments in Eponia that has been signed by 82 MPs/senators, including four or the five main political group leaders. And who could tell this story better than our own lovely Merpel?* Freedom of panorama: what is going on at the EU level?
A few days ago the Legal Committee of the European Parliament voted on an amended version of the draft Report prepared by MEP and Pirate Party member Julia Reda on the implementation of the InfoSoc Directive. Among the relevant amendments, there’s one concerning freedom of panorama. Do you know what that’s about? If not, Eleonora is here to give you the full scenario.* Will proof of a well-known mark ultimately be determined by a brain scan?
A futuristic Neil imagines a time when consumers’ psychological/neurological associations could be measured (also) for the sake of assess a trade marks’ reputation* Case management decisions in the Lyrica case
The ongoing case between Warner-Lambert (a subsidiary of Pfizer) and Actavis concerning pregabalin (sold by Pfizer under the trade mark Lyrica, and by Actavis under the trade mark Lecaent) seems set to be the case of the year, Darren says. After one Court of Appeal decision (reported by IPKat here and here) and four first instance decisions (see here,here, here and here), the IPKat has learned that there was a flurry of case management motions resulting in a decision that is not available on BAILII, but that the same Darren comments in this post.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 51 [week ending on Sunday 14 June] - GIs in France | IPBC Global 2015 | EPO recap | EPO and OAPI bff? | 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.
Never too late 50 [week ending on Sunday 7 June] - Swiss claims | Italian-sounding trade marks for cosmetics | “IP litigation and Enforcement” event | Saving WiFi | Spy scandal at the EPO | Rihanna v DC Comics | KitKat trade mark | Taste trade marks in the Netherlands | Connectivity and human rights | Trade secrets, client confidentiality and privilege | 3-d printing and counterfeiting | Ericsson v Apple in the FRAND battlefield.Never too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.Never too late 48 [week ending on Sunday 31 May] - The meaning of EPO appeal system | 3D Printing and the law | Epo and external investigation firms | Umbrella designs | US Supreme Court in Commil USA, LLC v Cisco Systems | European Inventor Award | FIFA and brand integrity | Warner-Lambert v Actavis | Wine in Black GmbH v OHIM | IP and busking | Swiss-style claims.
Blogger
Jul 6, 2015, 3:37:58 PM7/6/15
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Case C 147/14 Loutfi Management Propriété intellectuelle SARL v AMJ Meatproducts NV, Halalsupply NV is a Court of Justice of the European Union (CJEU) ruling regarding trade marks containing both Arabic and Latin letters. It emanates from a reference asking whether the meaning of Arab words should be taken into account and give useful guidance for many trade marks that feature non-Latin script writes Jeremy.* Is UberPOP a transport service? A new reference to the CJEU
Many readers will be familiar with Uber, the on-demand ride-sharing platform which has revolutionised the concept of urban transport and which is in deep trouble in a number of EU countries due to its alleged non-compliance with laws and regulations governing on-demand transportation. Thanks to a Barcelona Court reference, the CJEU has been called on to enter the debate -- which goes far beyond taxis and concern the much broader relation between traditional and sharing economy, explains Katfriend Revital Cohen (Baker & McKenzie, Barcelona).* Jumpin' through hoops? A copyright claim that never got off the ground
Here's a note from Katfriend and occasional contributor Kevin Winters, who takes a look at a recent US copyright dispute concerning the alleged infringement of Michael Jordan’s iconic ‘”Jumpman” logo by Nike.* Payment for use of protected barley seeds: when prospects for dodging payment recede ...
Jeremy takes a look at Case C‑242/14 Saatgut-Treuhandverwaltungs GmbH v Gerhard und Jürgen Vogel GbR, Jürgen Vogel, Gerhard Vogel, a request for a preliminary ruling to the CJEU made by the Landgericht Mannheim (Germany), on a Community plant variety matter concerning reasonable compensation and farmers’ freedom to propagating purposes under Article 94(1) of Regulation 2100/94.* Letter from AmeriKat: Spiderman's web ensnares the US Supreme Court in Kimble v Marvel
Annsley gives an account of US Supreme Court’s decision in Kimble v Marvel, relating to a toy-patent allowing children to role-play as a "spider person" by shooting webs "from the palm of [the] hand" by way of pressurized foam string.* Patent Déjà vu - Hospira v Genentech and another patent dies
Darren sinks his claws in the latest decision in the apparently endless Hospira v Genentech saga. In this episode (Hospira UK Ltd v Genentech Inc [2015] EWHC 1796 (Pat)), Hospira is seeking to invalidate all of Genentech's secondary patents relating to the cancer drug trastuzumab (Herceptin) so that it can market a generic version now that the SPC for the basic patent has expired.* Are EU policy-makers fighting the right copyright battles?
Debate is currently being undertaken at the level of EU institutions as to whether the current legislative framework in the area of copyright should be updated, with initiatives characterised by a complete lack of support on the side of the public opinion. Is this the right direction to take, wonders Eleonora.* The IPKat and his friends: the latest round-up of our IP weblog news
Once every three months or thereabouts, the IPKat and Merpel post an update of the goings-on both on this weblog and on other IP-flavoured blogs to which members of the IPKat's blog team contribute. Here’s your chance to know all the relevant IP places of the blogosphere and to get to know the new guest and resident kats.* No go for GO: Skechers scupper trade mark applications
In the next few weeks, Jeremy will be posting on a number of cases that are still of interest though they are no longer "hot news", these being decisions on which was unable to comment at the time they were published since he was up to his whiskers in conferencing and foreign travel. The first of these is GO Outdoors Ltd v Skechers USA Inc II [2015] EWHC 1405 (Ch), a 19 May decision of Mrs Justice Rose, sitting in the Chancery Division, England and Wales, on an appeal from a decision of the UK Intellectual Property Office. The point, there, was the inherent distinctiveness of “GO walking” and “GO running” for rucksacks and bags (Nice Class 18) and retail services connected with the sale of clothing and accessories (Class 35).* Allfiled allegations and interim relief: balancing the interests of litigants -- and customers
Another in Jeremy's series of not-quite-so-recent cases that he is writing up now because they flashed past him when he was too busy to grasp hold of them a couple of months ago is Allfiled UK Ltd v Eltis & 16 Others [2015] EWHC 1300 (Ch), a 19 May 2015 decision of Mr Justice Hildyard, in the Chancery Division, England and Wales, in an action seeking an interim injunction to stop a total of 17 defendants -- former directors and employees and three companies -- from using its confidential information and intellectual property and from carrying on a trade similar to its own.* Uninsured -- and unregistrable: the OAEE 'victims' mark in Greece
In his debut post, new guest Kat Nikos tells us of an interesting story involving the (perhaps) first trade mark application refusal by the Greek Patent and Trade Mark Office. The application at stake belonged to an association meant to help lawyers and freelances to comply with (or survive) the Freelancers’ Social Security Organization. Unfortunately, it also included the latter organisation’s trade mark.* Icons, flags and the Hazzards of intellectual property toxicity
Viacom subsidiary TV Land has just decided to pull the plug on a current re-run on US screens following the tragic Charleston church massacre. While the Confederate flag is not a brand in the commercial sense, both flags and brands attract loyalties and generate passions that are often irrational and difficult, if not impossible, to suppress, reflects Jeremy.* Why Finland is not Silicon Valley: farewell Matti Makkonen, the "father of SMS"
Matti Makkonen, the Finnish father of SMS, passed away this week. He never patented his revolutionary invention, and diverging approaches to IP might be one of the reasons why creating a Silicon Valley in Europe is as easy as finding a Boldrin/Levine book based on a strict, scientific research. The floor goes to Neil.* Sofa, so good? How to lose both your two trade marks and still come out on top ...
The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC), is a recent decision of Judge Richard Hacon in the Intellectual Property Enterprise Court, England and Wales. As Jeremy recounts, it deals with genuine use, acquired distinctiveness, infringement, passing-off, and many, many sofas.* Ukunono, The Battle of the Ukulele Orchestras Plays its Last Tune
Jani introduces himself with The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) [2015] EWHC 1772, another trade mark decision regarding “The Ukulele Orchestra of Great Britain” soundly opposing The United Kingdom Ukulele Orchestra.* Arnold J rules on the Beatles, a documentary on their first US concert ever ... and US fair use
Can the unauthorised use of copyright-protected works amounting to nearly 42' in a 95' film be considered fair use under §107 of the US Copyright Act? This, together with other issues, is what Arnold J had been asked to determine in Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another [2015] EWHC 1853 (Ch) (1 July 2015), an intriguing case decided earlier this week, having to do with the Beatles and a documentary concerning their first US concert ever. Eleonora tells all.* Le rouge et le noir: when colour hits the IP headlines
Jeremy pens this post on red roses and black cabs. Red roses are those which are included both in UK Labour and Scottish Labour Party’s trade marks, with the first not so happy with the second using a red rose, so that a dispute arose. The black cabs are those examined by Richard Spearman QC (sitting as a deputy Judge of the Chancery Division, England and Wales) in The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd [2015] EWHC 1840 (Ch), a curious tale of taxi look-alikes and bizarre surveys.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 52 [week ending on Sunday 14 June] - EU TM reform | Motivate Publishing FZ LLC and another v Hello Ltd | EPO’s Inventor of the Year: poll results | New network for new IP people | Delfi v Estonia | UPC fees | Smith & Nephew Plc v ConvaTec Technologies Inc | Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks | Actavis v Lilly | Council of Europe v EPO | Freedom of Panorama | TM reputation and brain scan | Case management decisions in the Lyrica case.
Never too late 51 [week ending on Sunday 14 June] - GIs in France | IPBC Global 2015 | EPO recap | EPO and OAPI bff? | 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.Never too late 50 [week ending on Sunday 7 June] - Swiss claims | Italian-sounding trade marks for cosmetics | “IP litigation and Enforcement” event | Saving WiFi | Spy scandal at the EPO | Rihanna v DC Comics | KitKat trade mark | Taste trade marks in the Netherlands | Connectivity and human rights | Trade secrets, client confidentiality and privilege | 3-d printing and counterfeiting | Ericsson v Apple in the FRAND battlefield.Never too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.
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Posted By Blogger to The IPKat on 7/06/2015 08:36:00 p.m.
Blogger
Jul 13, 2015, 6:58:37 AM7/13/15
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The US Supreme Court dismisses Google's writ of certiorari to re-examine the 2014 decision of the Court of Appeals for the Federal Circuit in favour of Oracle regarding API copyright protection, as Microsoft and Kyocera make peace and end their smartphone patent lawsuits. Annsley tells all.* The General Court declines to visit Nagoya: challenges inadmissible
As the IPKat reported a while ago, German and Dutch associations of plant breeders had challenged EU Regulation 511/2014 (the Regulation implementing the Nagoya Protocol and setting out compliance measures for EU users) before the General Court in order to seek its annulment. Well, the General Court has just rejected both challenges as inadmissible, informs Darren.* Life sciences come to life again, this time in Berlin
In "A matter of life and death? No, it's more important than that. Life sciences in the limelight", here, Jeremy presented the Life Sciences IP Summit 2014. Well, now he is looking at the programme for the Life Sciences IP Summit 2015, which is coming up in Berlin on Thursday 22 and Friday 23 October.* Katonomics: Anything Under the Tuscan Sun
Nicola’s back on track, and this first post of the new Katonomics era provides delicious food for thought on changes to economic understanding of patents, from the American Supreme Court's 1980 comments on patentability to Lessig’s version, passing through Howkins 2000 book, "The Creative Economy."* Multiple personality disorder amongst the public for Community designs?
This is the question posed by Katfriend Gerben Hartman (Brinkhof N.V.) in relation to the recent judgment of the General Court (GC) in Group Nivelles v OHIM, T-15/13.* Aster: Ancient Greek words, modern CTM battles under the starry sky
The ancient Greek word 'αστήρ' (transliterated as ‘aster’) found itself in the centre of Community trade mark (CTM) opposition proceedings and the General Court's judgment in Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu. Nikos tells all.* Convatec v Smith & Nephew: why the Court of Appeal was wrong
The IPKat has reported already twice on the interesting Court of Appeal, England and Wales, decision in Smith & Nephew Plc v ConvaTec Technologies Inc, relating to ConvaTec's patent EP (UK) 1,343,510 on silverised wound dressings (see Jeremy here and Darren here). After the Court of Appeal reversed the first instance decision of Mr Justice Birss, the very same Darren further reflects on it: wasn’t Birss J basically right?* Ops and Robbers? Amazon's trade mark travails in the US
The doctrine of initial interest confusion [Mr Justice Arnold was in favour here and here; "no, no, no" said the Court of Appeal for England and Wales] is a fascinating doctrine that is of great potential value to trade mark-owning litigants in the United States, where it is still alive and kicking. Katfriend Kevin Winters guides readers through the Court of Appeals for the Ninth Circuit in Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC, a recent decision in which an action brought against Amazon has been effectively brought back to life on appeal, in part on account of initial interest-based arguments.* EU Parliament rejects restrictions on freedom of panorama and ancillary right over news content
Last week the plenary of the European Parliament voted on the draft Report on the implementation of the InfoSoc Directive, as originally drafted [here] by MEP and Pirate Party member Julia Reda and as approved (with amendments) [here] by the Legal Committee a few days ago. Eleonora brings the readers through the Parliament’s resolution, adopted which assesses the implementation of the key aspects of this EU directive ahead of upcoming Commission plans [here] to update the relevant legislative framework in the area of copyright.* 3D printing "choked" by IP: a designer complains, or is he just 'Teesing'?
"3D printing has stagnated", and the fault is of intellectual property law, says designer Francis Bitonti. Is it, wonders Nikos?* Washington Redskins' Trade Marks tackled: disparaging, says District Court
Jani writes up Pro-Football Inc v Amanda Blackhorse et al. (No. 1:14-cv-01043-GBL-IDD), a trade mark v Constitution litigation relating to to six trade marks owned by the American football team, the Washington Redskins. The marks were invalidated almost a year ago by the Appeal Board, after they saw that the marks were disparaging to Native Americans under section 2(a) of the Lanham Act.* Were the condoms "made in Germany" and why does it matter?
When can a product be described as having been “made in” a given place? After tackling the issue in the context of the use of “Swiss made” for watches, Neil gets back to it examining “German made” for condoms in light of a recent Bundesgerichtshof’s decision.* "Make it last forever": the enduring legacy of the Beckham brand?
Former guest kat and current katfriend Rebecca Gulbul provides this brief but fascinating insight into Victoria Beckham's IP activities.Letter from AmeriKat: Hospira's Angiomax win, Apple jury award vacated & Obama's Pacific trade deal
In this late Sunday update, Annsley writes about the Court of Appeals for the Federal Circuit decision that Hospira’s generic version of The Medicines Company's anticlotting drug bivalirudin was not infringing, as well as US District Judge Rodney Gilstrap orderng that the jury's February damages verdict of $532.9 million in Smartflash's patent infringement suit against Apple be vacated.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 53 [week ending on Sunday 28 June] - EU trade marks in Arabic in Case C 147/14 | Is UberPop a transport service? The floor goes to the CJEU | Is Michael Jordan’s ”Jumpman” logo a copyright infringement? | Plant variety in Case C‑242/14 | US Supreme Court on spiderman patent | Hospira v Genentech saga | Are EU policy-makers fighting the right copyright battles? | The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another | The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd.Never too late 52 [week ending on Sunday 21 June] - EU TM reform | Motivate Publishing FZ LLC and another v Hello Ltd | EPO’s Inventor of the Year: poll results | New network for new IP people | Delfi v Estonia | UPC fees | Smith & Nephew Plc v ConvaTec Technologies Inc | Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks | Actavis v Lilly | Council of Europe v EPO | Freedom of Panorama | TM reputation and brain scan | Case management decisions in the Lyrica case.
Never too late 51 [week ending on Sunday 14 June] - GIs in France | IPBC Global 2015 | EPO recap | EPO and OAPI bff? | 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.Never too late 50 [week ending on Sunday 7 June] - Swiss claims | Italian-sounding trade marks for cosmetics | “IP litigation and Enforcement” event | Saving WiFi | Spy scandal at the EPO | Rihanna v DC Comics | KitKat trade mark | Taste trade marks in the Netherlands | Connectivity and human rights | Trade secrets, client confidentiality and privilege | 3-d printing and counterfeiting | Ericsson v Apple in the FRAND battlefield.
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Posted By Blogger to The IPKat on 7/13/2015 11:51:00 a.m.
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Jul 20, 2015, 5:44:54 AM7/20/15
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"Economics is not heartless", writes Nicola, and she somehow proves that with this delicious post on the economics of traditional knowledge (TK) as it relates to indigenous peoples.* Traditional knowledge and cultural genocide: a letter from Canada’s West Coast
After Nicola’s economic analysis, TK is immediately back on the agenda thanks to Katfriend Mira T. Sundara Rajan, who writes about the treatment of an indigenous minority culture in Canada.* Email addresses as a trade secret; email addresses as a Trojan Horse?
Bezos keeps applying solutions from the technology world to the challenges of newspaper journalism. Among these challenges: what role do subscribers’ emails play, wonders Neil.* Knowledge is Power; Traditional Knowledge is ... ?
The trouble with TK is that there is a very unbalanced dialogue between the parties involved in the debate moving towards a proper international TK system, writes Darren. Following on from the first two TK posts of the past week (here and here), you can ponder over Darren’s current concerns on that issue.* Shock ruling by top European Court: enforcing a patent is an abuse of process, except where it isn't
The Court of Justice of the European Union (CJEU) has just delivered its judgment in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH. a reference from the Landgericht Düsseldorf on a matter of great concern to the standard-essential patent (SEP) community. Jeremy brings the breaking news.* Bank in hot water over Hot Water: Coty ruling brings good news to brand owners
Here's a decision in Case C-580/13 Coty Germany GmbH v Stadtsparkasse Magdeburg, a reference for a preliminary ruling from the German Bundesgerichtshof seeking clarification as to whether national provisions allowing banks not to disclose alleged infringers’ data on the basis of banking secrecy is compliant with the ruthless IP Enforcement Directive.* Not Kool: EU General Court decides on the DINKOOL trade mark
Jani has often pondered whether the mere use of a part of a trade mark, or the inclusion of a mark in a new variant of a name, could prevent the registration of a new mark. He has finally got his answer, kindly provided by the General Court in Case T-621/14 Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM.* Samuel Slater and the American industrial revolution: trade secret misappropriation then and now
If you are keen to consider the moral ambiguity of trade secret protection and exploitation, especially where national interests are at stake, then this post by Neil is what you were waiting for.* The Case That Time Forgot: Dutch can now blow cobwebs off old Bacardi
Jeremy explains Case C 379/14 TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd, a juicy trade-mark case where the CJEU focused on the boundaries of trade mark owners’ powers, providing guidance, among other things, as to whether the mere storage of infringing products may amount to trade mark infringement.* Letter from Japan 2: non-traditional trade marks embraced as new tradition?
Late on an otherwise quiet Sunday night comes Laetitia Lagarde’s second blog post from Japan (the first, on product placement, can be read here), where she is spending some time imbibing the local IP experience, making friends and practising her karaoke technique. This time, Laetitia tells us a bit about non-conventional trade marks.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 54 [week ending on Sunday 5 July] - Google v Oracle and Microsoft/Kyocera settlement | GC and Nagoya | Life Science IP Summit 2015 | (Kat)onomics of patents | Case T-15/13 Group Nivelles v OHIM | Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu | Smith & Nephew Plc v ConvaTec Technologies Inc | Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC | EU reform on freedom of panorama and (Google) News ancillary right | 3-D Printing choked by IP? | Pro-Football Inc v Amanda Blackhorse et al. | Condoms made in Germany | the Beckhams’ IP.Never too late 53 [week ending on Sunday 28 June] - EU trade marks in Arabic in Case C 147/14 | Is UberPop a transport service? The floor goes to the CJEU | Is Michael Jordan’s ”Jumpman” logo a copyright infringement? | Plant variety in Case C‑242/14 | US Supreme Court on Spiderman patent | Hospira v Genentech saga | Are EU policy-makers fighting the right copyright battles? | The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another | The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd.
Never too late 52 [week ending on Sunday 21 June] - EU TM reform | Motivate Publishing FZ LLC and another v Hello Ltd | EPO’s Inventor of the Year: poll results | New network for new IP people | Delfi v Estonia | UPC fees | Smith & Nephew Plc v ConvaTec Technologies Inc | Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks | Actavis v Lilly | Council of Europe v EPO | Freedom of Panorama | TM reputation and brain scan | Case management decisions in the Lyrica case.Never too late 51 [week ending on Sunday 14 June] - GIs in France | IPBC Global 2015 | EPO recap | EPO and OAPI bff? | 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.
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Posted By Blogger to The IPKat on 7/20/2015 10:43:00 a.m.
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Jul 27, 2015, 12:38:39 PM7/27/15
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A few weeks ago Green J issued a judgment concerning the recently-introduced UK exception for personal copies for private use, concluding that it does not currently envisage a fair compensation requirement [here]. Now he issues the follow-up order commented in this post, addressing the effects of his judgment and the chance of a new reference to the Court of Justice of the European Union (CJEU). Eleonora explains.* Letter from AmeriKat: US patent litigation boom, Netflix's Rovi win, Triumphant Tory and Ford trade secrets
Record numbers of US patent actions, an update on Netflix v Rovi, and a millionaire's compensation awarded to fashion designer Tory Burch are just some of the issues addressed in this letter from Annsley.* Read the fine print: IP Statistics
“IP statistics are thrown about on a regular basis without sufficient caveats, out of context and, in some cases, stats are so poorly calculated they should never leave the back of the envelope”, says Nicola. How come?* India's claims to Traditional Knowledge washed up and spat out
Last week (and even before then, here and here), Darren has expressed concerns that many cited examples of alleged expropriation of Traditional Knowledge simply do not stand up to scrutiny. As former Kat David Pearce (Tufty) explains in this post, another example has recently arisen: it concerns allegations of misuse of Traditional Knowledge from India relating to various herbs.* Law Down Under: New Censorship Bill Passed in Australia
As Jani explains, the Australian Parliament has just passed the Copyright Amendment (Online Infringement) Bill 2015, which aims to give the Australian courts more tools to combat online copyright infringement. While the provisions owe something to the UK (and some other European) Copyright Laws, it goes well-beyond them.* Gone with the wind: Wobben’s patent found invalid and not infringed
Darren writes up Wobben Properties GmbH v Siemens PLC & Others [2015] EWHC 2114 (Pat), a decision of Birss J concerning validity and infringement of a patent covering a “Method of Operating a Wind Power Station”.* Hosepipe Ban to Continue - Blue Gentian patent upheld in appeal
And here’s Darren again, this time reporting on the Court of Appeal decision in Blue Gentian v Tristar Products (earlier covered on the IPKat here), which discusses, among other things, misconstruction of a prior art document.* Copyright reform through competition law? The Commission’s statement of objections in the pay TV investigation
Is geo-blocking [here] really a copyright issue? Or is it rather a competition law one? Following the EU Commission’s statement of objections to Sky UK and the ‘Big Six’ Hollywood majors, Eleonora hosts this contribution by fellow blogger (Chillin' Competition) Pablo Ibanez-Colomo (London School of Economics), who explain what’s going on.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 55 [week ending on Sunday 12 July] - Traditional Knowledge and indigenous people | Traditional Knowledge in Canada | Traditional Knowledge and unbalanced dialogues | E-mail addresses as trade secrets | CJEU on essential patents in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH | CJEU on disclosure of infringers’ bank data in Coty Germany GmbH v Stadtsparkasse Magdeburg | Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM | Moral ambiguity of trade secrets | CJEU on limits of TM exclusive right in TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd | Non-traditional trade marks in Japan.
Never too late 54 [week ending on Sunday 5 July] - Google v Oracle and Microsoft/Kyocera settlement | GC and Nagoya | Life Science IP Summit 2015 | (Kat)onomics of patents | Case T-15/13 Group Nivelles v OHIM | Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu | Smith & Nephew Plc v ConvaTec Technologies Inc | Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC | EU reform on freedom of panorama and (Google) News ancillary right | 3-D Printing choked by IP? | Pro-Football Inc v Amanda Blackhorse et al. | Condoms made in Germany | the Beckhams’ IP.Never too late 53 [week ending on Sunday 28 June] - EU trade marks in Arabic in Case C 147/14 | Is UberPop a transport service? The floor goes to the CJEU | Is Michael Jordan’s ”Jumpman” logo a copyright infringement? | Plant variety in Case C‑242/14 | US Supreme Court on Spiderman patent | Hospira v Genentech saga | Are EU policy-makers fighting the right copyright battles? | The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another | The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd.Never too late 52 [week ending on Sunday 21 June] - EU TM reform | Motivate Publishing FZ LLC and another v Hello Ltd | EPO’s Inventor of the Year: poll results | New network for new IP people | Delfi v Estonia | UPC fees | Smith & Nephew Plc v ConvaTec Technologies Inc | Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks | Actavis v Lilly | Council of Europe v EPO | Freedom of Panorama | TM reputation and brain scan | Case management decisions in the Lyrica case.
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Posted By Blogger to The IPKat on 7/27/2015 05:35:00 p.m.
Blogger
Aug 3, 2015, 3:40:10 AM8/3/15
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Anyway, here is Alberto's summary of last week's substantive features:
In 2012, France adopted a law allowing the digital exploitation of out-of-print 20th century books. Being unsure whether allowing exploitation of works without prior permission from the relevant rightholder is permitted, the French Council of State has just sought guidance from the CJEU. Eleonora tells all.Mark writes up a Swiss Supreme Court decision on one of the hottest topics of the moment, private copying. This case relates to the Federal Institute of Technology in Zurich (ETH) offering a document delivery service for scientific articles which includes scanning and online forwarding.The unsatisfying U.S. Supreme Court decision in Brulotte v Thys Co. (379 U.S. 29 (1964)) fixed a bright-line rule that a patentee cannot charge royalties for the use of its invention after the expiry of the patent. In delivering Kimble v Marvel Entertainment, LLC (as reported by the AmeriKat on 30 June), the very same Supreme Court has missed a chance to provide some more clarity on the issue, Neil says.Gama Healthcare Ltd v Pal International Ltd in a decision from Judge Richard Hacon in the Intellectual Property Enterprise Court (IPEC), England and Wales addressing look-alike between packages of wet wipe products. Jeremy explains the decision and launches a poll.Here’s this week’s letter on exciting US IP issues from Annsley, whose contents are well described in the title.Twitter has begun to comply with DMCA takedown requests relating to tweets, notably jokes, lifted in their entirety from someone's own account and re-tweeted without any attribution as to their original author. Eleonora analyses the social network’s decision in light of EU and US’ originality criteria, as well as moral rights.The Toronto 2015 Pan Am and Parapan Am Games’ Terms of Use provide bizarre guidelines as regards linking to and from the Games’ website. How could this occur, wonders Eleonora?With recent changes to IP crime laws, Nicola casts her gaze criminalisation and the economics of crime.Former guest Kat Darren Meale has blown the dust off his abacus and actually totted up how many websites British browsers aren't supposed to be able to reach any more, due to blocking injunctions.After PETA launched a petition against the use by Hermès of crocodile and alligator-skin accessories, Ms Birkin asked the fashion house to remove her name from one of the company’s bags. Does she have any legal ground to do so, wonders Eleonora?In a decision of 26 February 2015 (published in May), the German Bundesgerichtshof addresses the extent to which innovations in user interface design are patentable. Marks tells all.After many posts on Smith & Nephew v Convatec (Court of Appeal judgment here, here, and here; first instance judgment of Mr Justice Birss here), Neil covers the last episodes of the series, both in the UK and in Eponia.Jeremy presents a brand-new report, which Katfriend Luke McDonagh co-authored with two economists, Christian Helmers and Yassine Lefouili, and which examines the impact of the 2010-2013 reforms undertaken at the former PCC, now the Intellectual Property Enterprise Court ("IPEC").Neil’s question is simple: does Twitter have a long-term future? The answer, based on the words of the company’s senior management following the company’s earnings announcement the past week seems to be: at bes t—maybe.The IPKat's weblog has just recorded its 15 millionth page view. Thank you, thank you, thank you!Jeremy reviews Secrets: Managing Information Assets in the Age of Cyberespionage, by James Pooley, Andrea Stazi’s Biotechnological Inventions and Patentability of Life: The US and European Experience, and The New European Patent, by Alfredo Ilardi.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 56 [week ending on Sunday 19 July] - Private copy in the UK | IP statistics | India and TK | Copyright enforcement in Australia | Wobben Properties GmbH v Siemens PLC & Others | Blue Gentian v Tristar Products | EU Copyright reform: IP or competition law?
Never too late 55 [week ending on Sunday 12 July] - Traditional Knowledge and indigenous people | Traditional Knowledge in Canada | Traditional Knowledge and unbalanced dialogues | E-mail addresses as trade secrets | CJEU on essential patents in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH | CJEU on disclosure of infringers’ bank data in Coty Germany GmbH v Stadtsparkasse Magdeburg | Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM | Moral ambiguity of trade secrets | CJEU on limits of TM exclusive right in TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd | Non-traditional trade marks in Japan.Never too late 54 [week ending on Sunday 5 July] - Google v Oracle and Microsoft/Kyocera settlement | GC and Nagoya | Life Science IP Summit 2015 | (Kat)onomics of patents | Case T-15/13 Group Nivelles v OHIM | Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu | Smith & Nephew Plc v ConvaTec Technologies Inc | Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC | EU reform on freedom of panorama and (Google) News ancillary right | 3-D Printing choked by IP? | Pro-Football Inc v Amanda Blackhorse et al. | Condoms made in Germany | the Beckhams’ IP.Never too late 53 [week ending on Sunday 28 June] - EU trade marks in Arabic in Case C 147/14 | Is UberPop a transport service? The floor goes to the CJEU | Is Michael Jordan’s ”Jumpman” logo a copyright infringement? | Plant variety in Case C‑242/14 | US Supreme Court on Spiderman patent | Hospira v Genentech saga | Are EU policy-makers fighting the right copyright battles? | The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another | The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd.
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Posted By Blogger to The IPKat on 8/03/2015 12:01:00 a.m.
Blogger
Aug 10, 2015, 4:46:31 AM8/10/15
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* Taking the pH? Trial judge's decision on psoriasis patent doesn't come up to scratch
In Teva UK Ltd & Another v Leo Pharma A/S [2015] EWCA Civ 779 the Court of Appeal for England and Wales warned against hindsight in its latest foray into the wonderful world of inventive step for patents. Merpel reports.
* No traditional knowledge for hair loss treatment: another alleged attempt to patent traditional knowledge does not bear scrutiny
Darren takes a look at another allegation that the Traditional Knowledge Digital Library, a unit of the Council of Scientific and Industrial Research (CSIR-TKDL), had once again thwarted an attempt to get a patent -- this time on a medicinal composition containing turmeric, pine bark and green tea for treating hair loss.
* The AMBA Consultation on the Reform of the Boards of Appeal
AMBA (the Association of the Members of the Boards of Appeal) launched a consultation on its proposed new structure of governance for the Boards of Appeal of the European Patent Office. Merpel has had a chance to purr-ruse the proposal: here she shares her thoughts.
* From Robin Ray to Purple Penguin: a muddle over a commissioned logo
From Katfriend and one-time guest Kat Rebecca Gulbul comes this post on a recent decision of Judge Richard Hacon, of the Intellectual Property Enterprise Court, England and Wales, in Atelier Eighty Two Limited v Kilnworx Climbing Centre CIC & Others [2015] EWHC 2291 (IPEC) in a fight over ownership of a logo.
* Productivity Increase at the EPO: How and Why?
It was a busy week for Merpel, who takes time here to increase her own productivity by looking at productivity in the hard-pressed European Patent Office.
* Lone Rangers and Invention
Ahh, the myth of the lone inventor. Once a revered symbol of innovation and human advancement, now pushed sadly to the wayside of more compelling figureheads. Does this fallen hero suggest a wider change in the process of innovation? Or do these heroes just need better publicists? Good questions from our pet Katonomist Nicola.* From Batsman to Biscuit: family frets as Foundation flourishes
Cricket series may be won or lost, but the legend of Sir Donald Bradman, now secured by a portfolio of IP right, can carry on forever. The late Don's family are not so happy about this. Katfriend Emma Perot explains.
* C-151/15: Most predictable CJEU order ever?
Is the least interesting copyright reference for a preliminary ruling ever to have been made to Europe's top court? Mark writes its obituary.
* IP professionals: "exclusive" sounds classy, but "inclusive" is better
"We are a group of like-minded professionals working in IP, committed to improving equality, diversity and inclusivity in our community". This is the claim of IP Inclusive, an initiative that dates back to the beginning of this calendar year and which has only now fallen under the Kats' scrutiny. Jeremy opens the discussion.* No Air for Jordan: Michael Jordan Loses Fight over Marks in China
Basketball star Michael Jordan faces problems protecting his image in the world's most populous jurisdiction, writes sports-loving guest Kat Jani.
* When performance is fear and trembling: performers and stage fright
Always prepared to be different, Neil considers the remuneration and legal position of performers -- and how their condition has been affected by the introduction of new technologies.* We’re still waiting for some help with lookalike brands, Baroness!
One-time guest Kat Darren Meale recites the problems faced by independent brands in recent times in the British Courts against lookalike specialists Aldi, reminding the UK's Minister for IP that these issues still await attention.
* User Upload Platform-Lubbers Beware -- IFPI is Circling Safe Harbours
Is it somehow wrong or unfair to take advantage of exceptions to copyright infringement? The answer is, well -- it may be. Former guest Kat Kate Manning tells us why.
* Crumbs! Bake Off parody goes off-air
The Sound of Music has now been silenced, as copyright owners object to BBC's marketing parody. Need the Beeb have been so cautious? Katfriend Rebecca Gulbul reports.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 57 [week ending on Sunday 2 August] - French Law on out-of-print works | Swiss rule on delivery of scientific documents | Post-expiry patent royalties in the US | Confusingly similar wet-wipe packaging | Copyright infringement and Twitter jokes | Permission to link? | Criminalisation of IP and economics | Keeping count of blocked websites in the UK |Birkin Bags | Patentability of user interface designs in Germany |Smith & Nephew v ConvaTec | Report on IPEC litigation |does Twitter have a future? | New books on cyberespionage and patenting of life forms.
Never too late 56 [week ending on Sunday 26 July] - Private copy in the UK | IP statistics | India and TK | Copyright enforcement in Australia | Wobben Properties GmbH v Siemens PLC & Others | Blue Gentian v Tristar Products | EU Copyright reform: IP or competition law?Never too late 55 [week ending on Sunday 19 July] - Traditional Knowledge and indigenous people | Traditional Knowledge in Canada | Traditional Knowledge and unbalanced dialogues | E-mail addresses as trade secrets | CJEU on essential patents in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH | CJEU on disclosure of infringers’ bank data in Coty Germany GmbH v Stadtsparkasse Magdeburg | Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM | Moral ambiguity of trade secrets | CJEU on limits of TM exclusive right in TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd | Non-traditional trade marks in Japan.Never too late 54 [week ending on Sunday 12 July] - Google v Oracle and Microsoft/Kyocera settlement | GC and Nagoya | Life Science IP Summit 2015 | (Kat)onomics of patents | Case T-15/13 Group Nivelles v OHIM | Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu | Smith & Nephew Plc v ConvaTec Technologies Inc | Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC | EU reform on freedom of panorama and (Google) News ancillary right | 3-D Printing choked by IP? | Pro-Football Inc v Amanda Blackhorse et al. | Condoms made in Germany | the Beckhams’ IP.
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Posted By Blogger to The IPKat on 8/10/2015 09:44:00 a.m.
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Aug 17, 2015, 4:00:05 AM8/17/15
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The two most popular posts from last week are the AmeriKat's revelation of the identity of the site which London is making available for its division of the Unified Patent Court and Darren's post on some tricky questions on partial priority and 'poisonous provisions' which an Enlarged Board of the European Patent Office's Board of Appeal will have to address. Most popular non-patent posts are from Jani on registrability of parody trade marks in Australia and Roland Mallinson's guest feature on why the 3D Kit Kat chocolate finger shape may well be registrable as a trade mark in the UK after all.
Last week's posts (apart from round-ups) read like this:
* When does a fundamental deficiency not lead to remittal? Decision from the EPO Board of Appeal
It seems that a decision might be unreasoned -- and therefore fundamentally deficient -- but not unreasonable. Darren explains why proceedings before the EPO can be such fun, if you are not a litigant.
* Benedict Cumberbatch and all those naughty theatre goers: can performers' rights be of any help?
The IPKat weblog's theatre correspondent Eleonora reviews divergent sentiments concerning the need of mobile device owners to record what they're watching rather than take the trouble to experience it first-hand.
* Rime and reason? Fashion flare-up over vandal-eyes'd graffiti
This guest post by Emma Perot introduces readers to the seamy world where celebrity style intersects with spray-paint signage.
* BREAKING: Jack the Ripper, Victorian Pubs & Curry: Welcome to London's UPC location & UPC Industry Coalition's conduct-based court fees
Annsley the AmeriKat shocks readers with news of the location of a court which, if the UK edges out of the European Union, may never be used for its chosen purpose ...
* Cool, confident and healthy
Nicola the Katonomist demonstrates her mastery of wearable keep-fit technology and the struggle of Jawbone, Fitbit and others to seize control of this lucrative, patent-rich market.
* Partial Priority - questions for the Enlarged Board now revealed
* Who knew planning permission could be so exciting? Plans for London's UPC courtroom
Another AmeriKat expose, revealing the inner workings of a court we all want to see, but never as defendants ...
* Missed the Target: Registration of Parody Trade Marks in Australia
In one of the week's most popular posts, Jani writes up a dispute from Down Under over the Target/Tar-Jay marks,
* Tinkering with IP threats: Commission consults, Parliament proposes and Robin roars
Thanks so some handy updating from Vicki Salmon, the Kats are able to reveal that a sincere attempt to tidy up one of the messiest bits of British IP law looks like causing some further messes.
* Protection of Traditional Knowledge - governments are the problem and Nagoya is not the solution
Veteran Katfriend Professor Graham Dutfield lends us his measured judgement on a subject that raises passions as well as problems.
* Alphabet: Google spells out its reasons -- but does this also spell trouble?
One-time guest Kat and long-time Katfriend Miri Frankel returns to make some pertinent observations about a sudden re-brand that has raised many eyebrows
* Co-branding and multiple brands; what they don't teach in your trade mark course
When Mondelēz, OREO and Acccenture combine, Neil is bound to offer a perceptive comment.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 58 [week ending on Sunday 9 August] - Teva UK Ltd & Another v Leo Pharma A/S | Traditional Knowledge Digital Library | Governance of the EPO Boards of Appeal |Atelier Eighty Two Limited v Kilnworx and ownership of copyright in logos | Productivity at the EPO | The Lone Inventor: a Katonomist report | Bradman Foundation v Sir Don's family| IP Inclusive |Michael Jordan in China | Stage fright and performances | Lookalikes and inactivity | Taking unfair advantage of exceptions to copyright infringement | Great Bake Off parody goes off-air.
Never too late 57 [week ending on Sunday 2 August] - French Law on out-of-print works | Swiss rule on delivery of scientific documents | Post-expiry patent royalties in the US | Confusingly similar wet-wipe packaging | Copyright infringement and Twitter jokes | Permission to link? | Criminalisation of IP and economics | Keeping count of blocked websites in the UK |Birkin Bags | Patentability of user interface designs in Germany |Smith & Nephew v ConvaTec | Report on IPEC litigation |does Twitter have a future? | New books on cyberespionage and patenting of life forms.
Never too late 56 [week ending on Sunday 26 July] - Private copy in the UK | IP statistics | India and TK | Copyright enforcement in Australia | Wobben Properties GmbH v Siemens PLC & Others | Blue Gentian v Tristar Products | EU Copyright reform: IP or competition law?
Never too late 55 [week ending on Sunday 19 July] - Traditional Knowledge and indigenous people | Traditional Knowledge in Canada | Traditional Knowledge and unbalanced dialogues | E-mail addresses as trade secrets | CJEU on essential patents in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH | CJEU on disclosure of infringers’ bank data in Coty Germany GmbH v Stadtsparkasse Magdeburg | Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM | Moral ambiguity of trade secrets | CJEU on limits of TM exclusive right in TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd | Non-traditional trade marks in Japan.
Posted By Blogger to The IPKat on 8/17/2015 12:01:00 a.m.
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Aug 24, 2015, 7:51:14 AM8/24/15
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For the record, the most popular posts, out of the selection listed below, are the Google-to-Alphabet name change item, Part V of the test-drive for the Unified Patent Court and the Parmigiano Porn post.
A test-drive for the Unified Patent Court: Part V the case management hearing
This has been a busy week for reporting the Bristows real-time test of Europe's maybe-soon-to-be-operating Unified Patent Court. Here's what happened in the case management session -- and the hearing itself gets a mention below.From food porn to porn with food: the case of PornHub and Parmigiano Reggiano
Many people enjoy sprinkling a little Parmesan cheese over their spaghetti bolognese. It seems however that this famous cheese, not normally associated with sex, has been involved in a melt-down of a rather different variety. Eleonora reports.
The Kats are always pleased to hear from one of their former colleagues, never more so when they contact us with a ready-to-post guest blog up their sleeves. Here's a post from recent guest Kat Suleman Ali on a topic that touches the heart of patent protection.
A test-drive for the Unified Patent Court: Part VI At the hearing
More of the same from Bristows. Who would be a patent litigator in the New Europe, Merpel wonders ...
From guest Kat Nikos comes the story of some energetic litigation in Greece over a fairly well-known trade mark. Were the criteria of global assessment of the likelihood of confusion correctly applied?
Biker, biker, biker gang!
The irrepressible Katonomist Nicola roars into action with a fun piece about the apparent attempt of the US government to control biker gangs through the use of ... trade mark law. A great read for anyone wanting to know about man buns and fixies.
C-681/13: How to pay damages for an entirely lawful customs seizure
Guest Kat Mark picks up on a Court of Justice of the European Union ruling that nearly escaped unnoticed, on Diageo's bad luck in having to pay rather more than it might have expected for the privilege of seeking to enforce its Johnny Walker whisky trade mark.
Not Buying It: Dallas Buyers Club's Demands (Largely) Rejected in Australia
Speculative invoicing -- or demanding money from consumers for watching films? No money for copyright assertion entity, says the Australian court. Guest Kat Jani explains.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 59 [week ending on Sunday 16 August] - Fundamental deficiency in an EPO decision need not be a problem |Benedict Cumberbatch versus admiring audience | Emma Perot on graffiti as dress art | Location of London's division of the UPC | Cool, confident and healthy: Katonomy meets Jawbone and Fitbit |Planning permission and that London UPC venue |Partial priority and poisonous provisionals: questions for EPO Enlarged Board |Target TM parody in Australia | IP threats in the UK | Traditional knowledge and Nagoya | From Google to Alphabet | Co-branding and multiple brands.
Never too late 58 [week ending on Sunday 9 August] - Teva UK Ltd & Another v Leo Pharma A/S | Traditional Knowledge Digital Library | Governance of the EPO Boards of Appeal |Atelier Eighty Two Limited v Kilnworx and ownership of copyright in logos | Productivity at the EPO | The Lone Inventor: a Katonomist report | Bradman Foundation v Sir Don's family| IP Inclusive |Michael Jordan in China | Stage fright and performances | Lookalikes and inactivity | Taking unfair advantage of exceptions to copyright infringement | Great Bake Off parody goes off-air.
Never too late 57 [week ending on Sunday 2 August] - French Law on out-of-print works | Swiss rule on delivery of scientific documents | Post-expiry patent royalties in the US | Confusingly similar wet-wipe packaging | Copyright infringement and Twitter jokes | Permission to link? | Criminalisation of IP and economics | Keeping count of blocked websites in the UK |Birkin Bags | Patentability of user interface designs in Germany |Smith & Nephew v ConvaTec | Report on IPEC litigation |does Twitter have a future? | New books on cyberespionage and patenting of life forms.Never too late 56 [week ending on Sunday 26 July] - Private copy in the UK | IP statistics | India and TK | Copyright enforcement in Australia | Wobben Properties GmbH v Siemens PLC & Others | Blue Gentian v Tristar Products | EU Copyright reform: IP or competition law?
Posted By Blogger to The IPKat on 8/24/2015 12:49:00 p.m.
Blogger
Aug 31, 2015, 4:48:28 AM8/31/15
to ipkat_...@googlegroups.com
If you were away last week, or too busy working to check us out, this is what you missed (courtesy of Jeremy together with Alberto Bellan):
Star Wars? It's all Greek, but opposition succeeds in the end
Case T‑521/13 Alpinestars Research Srl v OHIM, Kean Tung Cho and Ling-Yuan Wang Yu is a grand old General Court scrap in which everyone guesses how modern Greek consumers might view a word that orginated from Classical Greek.
Breaking News: PTAB declines Bass hedge fund IPR challenges in Ampyra dispute
The Coalition for Affordable Drugs (brain child of hedge-fund manager Kyle Bass) experiences disappointment as the USPTO opts not to review a couple of big-value pharma patents. The AmeriKat reports.
Rule of Reason curbs Basic Instinct as trade mark loses its appeal
Case C-400/14 P Basic AG Lebensmittelhandel v OHIM), Repsol YPF SA intervening see the Court of Justice of the European Union dealing with the conflict of two figurative marks containing the word "basic".
BGH: not so fast, look-alike fasteners
Guest Kat Mark guides us through a fascinating German decision on the extent to which so mundane an object as a fastener for attaching electrical installations to walls might be affected by not just IP but the EU's unharmonised unfair competition law.
Armor, Glory and ... religion in a US trade mark clash
From guest Kat Nikos comes this account of the clash of two heavily-armoured brands in the US: Under Armor and Armor & Glory.
Fashion Law and Debates - from Balenciaga to DVF
Katonomist Nicola derives yet more blogging inspiration from her holidays -- but she still takes time out from her holidaying to ask whether the US needs more, or better, legal protection for fashion.Does the EU want to get rid of geoblocking through a review of the SatCab Directive?
Another piece of bravura blogging from Eleonora, on some potentially unintended consequences of a review of the Satellite and Cable Directive.
Acquired distinctiveness of product shape marks: AG Wathelet does not “rely” on the UK approach – but on what else?
Recently the IPKat hosted a post on the subject of Nestlé's application to register its chocolate finger shape as a trade mark: has this application been treated to a premature burial, he asked. That post's thrust has been bolstered by this guest post by Thomas Farkas.
Posting comments on the IPKat: a new policy
Don't go on and on being anon, the Kats say: people struggle to work out who you are. But you can still post comments in disguise ...
******************
SPECIAL SINGAPORE GFIP* “Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report INeil provides this series of reports from the Global Forum on Intellectual Property 2015 (GFIP), hosted in Singapore by the Intellectual Property Office of Singapore and the Singapore IP Academy. The event’s theme was “Simple Past, Present Continuous…Future Perfect?” In the first plenary session, the focus was on the evolving architecture of the global IP system and the influence of national IP systems, along with the tension between the territoriality of IP rights and the global scope of IP exploitation.
* “Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report IIThe second plenary session was devoted to the topic of ASEAN Economic Integration 2015 - Opportunities, Interoperability and Synergies in IP. ASEAN is a political and economic organization consisting of 10 member states—Singapore, Indonesia, the Philippines, Malaysia, Thailand, Brunei, Cambodia, Laos, Vietnam and Myanmar. It really is a big deal, says Neil.
* “Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report IIIThe second day of the programme moved from discussions on national, regional and international aspects of IP to a consideration of two main pillars of IP practice—the courts and the creation of value from IP. First came the courts …
* “Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report IV… and then a session entitled “IP Value Creation—Strategies for the 21st Century”.
* “Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report VTrade secrets and copyrights came under scrutiny here, not to mention a note on the contribution made to this event by another Kat, our very own Eleonora.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 60 [week ending on Sunday 23 August] - Test-drive of the Unitary Patent Court, Parts V and VI |From food porn to porn with food: passion with Parmesan | USPTO Guidelines on patent eligibility | Red Bull fends off Crazy Bull in Greece | Biker Biker Biker Gang! Another offbeat look at IP from Katonomist Nicola | How to pay damages for a perfectly lawful customs seizure | Dallas Buyers Club copyright demands rejected in Australia.
Never too late 59 [week ending on Sunday 16 August] - Fundamental deficiency in an EPO decision need not be a problem |Benedict Cumberbatch versus admiring audience | Emma Perot on graffiti as dress art | Location of London's division of the UPC | Cool, confident and healthy: Katonomy meets Jawbone and Fitbit |Planning permission and that London UPC venue |Partial priority and poisonous provisionals: questions for EPO Enlarged Board |Target TM parody in Australia | IP threats in the UK | Traditional knowledge and Nagoya | From Google to Alphabet | Co-branding and multiple brands.
Never too late 58 [week ending on Sunday 9 August] - Teva UK Ltd & Another v Leo Pharma A/S | Traditional Knowledge Digital Library | Governance of the EPO Boards of Appeal |Atelier Eighty Two Limited v Kilnworx and ownership of copyright in logos | Productivity at the EPO | The Lone Inventor: a Katonomist report | Bradman Foundation v Sir Don's family| IP Inclusive |Michael Jordan in China | Stage fright and performances | Lookalikes and inactivity | Taking unfair advantage of exceptions to copyright infringement | Great Bake Off parody goes off-air.
Never too late 57 [week ending on Sunday 2 August] - French Law on out-of-print works | Swiss rule on delivery of scientific documents | Post-expiry patent royalties in the US | Confusingly similar wet-wipe packaging | Copyright infringement and Twitter jokes | Permission to link? | Criminalisation of IP and economics | Keeping count of blocked websites in the UK |Birkin Bags | Patentability of user interface designs in Germany |Smith & Nephew v ConvaTec | Report on IPEC litigation |does Twitter have a future? | New books on cyberespionage and patenting of life forms.
Posted By Blogger to The IPKat on 8/31/2015 12:01:00 a.m.
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Sep 7, 2015, 4:03:47 PM9/7/15
to ipkat_...@googlegroups.com
* Letter from Japan 3: Copyright and industrial design: trapped in the Tripp Trapp ...
Here's the third in the series of occasional guest posts from Japan from one-time guest Kat and Class 46 trade mark blogger Laetitia Lagarde. Laetitia's first post, on product placement, can be read here, and her second post, covering non-traditional marks, is here. Now she looks at the copyright/design interface.* Lack of originality, slogan similarity and the Greek elections
In a rush to make their mark and put their slogans into everyone's mouth, Greek party SYRIZA and the main opposition party NEA DIMOKRATIA (or New Democracy) managed to get themselves caught up in a mark - slogan row over Greek word "ΜΠΡΟΣΤΑ" (BROSTA), which means forward. GreeKat Nikos tells all.* Even regulations have a heart -- Italian court on moral rights in legal texts
Here's a moving story about a Court of Venice decision addressing moral rights in legal works, kindly hosted by Eleonora and passionately told by myself.* Point: The Economist is Infallible - Patents need to be questioned
An Economist article from this recently-passed August kicks off with the fundamental economic question for IP: how does it incentivise innovation? Pointing to a number of shortcomings in patents in agriculture and pharmaceuticals, The Economist concludes that patents don’t. Here's Nicola's point…* Counterpoint: The Economist's attack on the patent system-- it's all about controlling the narrative
… and here's Neil's counterpoint.* Will Impulse shoppers be Impulsive? CJEU gives guidance
Five-and-a-bit months after the Opinion of Advocate General Wahl was published in Case C-125/14, [here, with Katnote here] in Iron & Smith Kft v Unilever NV, the Court of Justice of the European Union (CJEU) has delivered its decision in this trade mark dispute concerning relevant territorial scope to assess a trade mark's reputation under Article 4(3) of Directive 2008/95.* Criminal Copyright: Should Copyright Protection not be Given to Works by Criminals?
Should copyright take morality into account when awarding protection or the benefit from said rights? The Munich District Court has addressed this matter in a controversial litigation involving royalties from a Goebbels work. Guest Kat Jani explains.* IPEC puts its Sensitive Touch on joint authorship claim in a musical work
A few months ago the Intellectual Property Enterprise Court (IPEC) issued a very interesting decision regarding post-punk bands, copyright and joint authorship in musical works. The case is Minder Music & Another v Sharples. At the time when this judgment was released the IPKat did not have the chance to report on it. This is why it is particularly grateful and truly delighted to host the following analysis by music and IP enthusiast Nedim Malovic (Stockholm University), who takes a look over the decision and offers this insightful analysis.* Apple’s European slide-to-unlock patent declared invalid in Germany
The fate of the slide-to-unlock technique has been the subject of a much-litigated Apple's patent. Occasional guest contributor Thomas Dubuisson updates the readership on the final chapter in this tale.
******************PREVIOUSLY, ON NEVER TOO LATE
Never too late 61 [week ending on Sunday 30 August] - Alpinestars Research Srl v OHIM, Kean Tung Cho and Ling-Yuan Wang Yu | PTAB declines Bass hedge fund IPR challenges in Ampyra dispute | Basic AG Lebensmittelhandel v OHIM), Repsol YPF SA and a basic litigation | BGH on IP zombie through unfair competition law | Under Armor and Armor & Glory, a story of religious IP | Fashion law and debates | SatCab Directive and geoblocking | Again on KitKat and acquired distinctiveness | New IPKat policy on comments | Singapore GFIP.
Never too late 60 [week ending on Sunday 23 August] - Test-drive of the Unitary Patent Court, Parts V and VI |From food porn to porn with food: passion with Parmesan | USPTO Guidelines on patent eligibility | Red Bull fends off Crazy Bull in Greece | Biker Biker Biker Gang! Another offbeat look at IP from Katonomist Nicola | How to pay damages for a perfectly lawful customs seizure | Dallas Buyers Club copyright demands rejected in Australia.
Never too late 59 [week ending on Sunday 16 August] - Fundamental deficiency in an EPO decision need not be a problem |Benedict Cumberbatch versus admiring audience | Emma Perot on graffiti as dress art | Location of London's division of the UPC | Cool, confident and healthy: Katonomy meets Jawbone and Fitbit |Planning permission and that London UPC venue |Partial priority and poisonous provisionals: questions for EPO Enlarged Board |Target TM parody in Australia | IP threats in the UK | Traditional knowledge and Nagoya | From Google to Alphabet | Co-branding and multiple brands.
Never too late 58 [week ending on Sunday 9 August] - Teva UK Ltd & Another v Leo Pharma A/S | Traditional Knowledge Digital Library | Governance of the EPO Boards of Appeal |Atelier Eighty Two Limited v Kilnworx and ownership of copyright in logos | Productivity at the EPO | The Lone Inventor: a Katonomist report | Bradman Foundation v Sir Don's family| IP Inclusive |Michael Jordan in China | Stage fright and performances | Lookalikes and inactivity | Taking unfair advantage of exceptions to copyright infringement | Great Bake Off parody goes off-air.
Posted By Blogger to The IPKat on 9/07/2015 09:02:00 p.m.
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