The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Monday, 19 June 2017

Never Too Late: If you missed the IPKat last week!

Don't let the sun go down on me...
Too busy soaking up the sun (which kindly decided to show up) to keep up with the latest IPKat news? No problem! Here is the 151st edition of Never Too Late!

Guest Kat Stephen reports on an event at UCL organised by the Institute of Brand and Innovation Law (IBIL). The theme was how composers in the time of Mozart made use of each other's material at a time before copyright law, compared with the modern position.

Tian reports on the 5th bi-annual TILTing Perspectives conference held at Tilburg University in the Netherlands. This, the first of two posts, focused on the healthcare sessions at the conference, including topics such as robot doctors and algorithm therapists; robotic cognitive therapeutic researchers and the law; and, expert systems and medical malpractice: reframing the notion of negligence.

This is the second of two posts on the TILTing Perspectives conference which reported on the panel discussions on new IP perspectives; the collective management of copyright; and, copyright law making in the EU. As well as the key note speech from Professor John M. Golden.

New Kat friend, Robyn Trigg (A&O) reports on HHJ Hacon’s judgment in Curt G. Joa, Inc. v Fameccanica Data SpA [2017] EWHC 1251 (IPEC), particularly considering the new trend to include added matter in the pleading point of patent cases.

Mathilde lets us know about the recent filing of a copyright infringement claim by internet chef Elizabeth LaBau (known as SugarHero) against Television Food Network, relating to LaBau's cooking video of her flagship recipe “Snow Globe Cupcakes”.

AmeriKat looks at the newly anointed FRAND injunction from the recent case of Unwired Planet v Huawei FRAND. Following Huawei’s failure to comply with the terms of the worldwide licence (at the time of the final judgment), a separate hearing was held at which the injunction was granted. This is contrary to the normal position under English law that once final relief is granted, parties are not entitled to come back to court. However, in recognising the special nature of a FRAND undertaking, the FRAND injunction is more flexible to allow parties to come back to court at the expiry of the licence.

In a reference for a preliminary ruling, the French Council of State asked the CJEU to clarify the compatibility of the 2012 French law on the digital exploitation of out-of-print 20th century books with the InfoSoc Directive. The CJEU stated that the system of the InfoSoc Directive is one of broad and preventative rights. Although national initiatives on out-of-commerce works are not against the directive per se, the Court clarified that nonetheless authors, not collecting societies that do not have any direct mandate from them, must consent to third-party uses of their works.

In the case of Chugai Pharmaceutical v UCB [2017] EWHC 1216 (Pat) the Japanese pharmaceutical company Chugai applied for a declaration that it did not have to continue paying royalties to UCB under a patent licence. The licence was originally for a portfolio of patents relating to an antibody known as tocilizumab of which all but one (the 771 Patent) had expired. Some of its tocilizumab products are manufactured and sold in the USA, so Chugai argued that those products fall outside the scope of the claims of the 771 Patent, meaning that it would no longer have to pay for them.

Elena Varese at DLA Piper in Milan, Italy dispels some notions about Italian court delays, the joys of being an expert in various fields and wine tasting with Advocate General Cruz Villalón.

AIPPI/AIPLA event on 15 June 2017 at Bird & Bird for a discussion on copyright law in the digital age with a particular focus on exhaustion of rights and the development of digital marketplaces for pre-owned digital copies.


PREVIOUSLY ON NEVER TOO LATE

Never Too Late 150 [week ending on Sunday 4 June] BREAKING: German court makes two (very important) copyright references to the CJEU I Implausibly incredible or just plain insufficient? I Marks misleading the public on the paternity of copyright works are fraudulent - say French Supreme Court I Should the court be indifferent to consumer indifference regarding the mark? I ‘Display At Your Own Risk’: A Tour into ‘Copyright Surrogacy’ I To UPC or not to UPC? That is the question... (Part 1) I Book Review: Patents for Technology Transfer I Event Report: Combat the Copycats
Never Too Late 149 [week ending on Sunday 28 May] IPSoc Event Report: The ever-evolving law on the "communication to the public" right | Nestlé loses yet another KitKat battle | Judge sounds alarm of weakened US patent system, while industry groups start amending Section 101 | BREAKING: Supreme Court limits US patentee's forum shopping capabilities | Shinder, Shinder, Shinder … will you ever be like Tinder? | US Supreme Court uses TC Heartland to blunt key troll tool, but will California welcome the next wave of troll litigation? | Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU | Big Data, products & processes: being a German patentee in the era of the Rezeptortyrosinkinase decisions | Life as an IP Lawyer: Singapore | Appointed Person issues first appeal decision in a design case | The meaning of "red carpet" in two and three dimensions: from Ancient Greece to Cannes | Judge Alsup driving forward Uber-Waymo trade secret dispute amongst "red flag" disclosure hearings | Monday Miscellany | Friday Fantasies.

Never Too Late 148 [week ending on Sunday 21 May] Book Review: Russell-Clarke and Howe on Industrial Designs I Scope of review by the General Court of decisions by the EUIPO Board of Appeal: the last act in LAGUIOLE I Dining out on trade marks - ZUMA - the own name defence for pets and groundless threats I The popular China copyright monitoring website 101 I Where are the women? Supreme Court hosts London launch of ChIPs with call to action to advance women in tech, law and policy I Br*x*t and brands – out of the EU in 680 days I In memoriam: Adolph Kiefer, Olympic gold medalist, innovator and inventor extraordinaire I Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? I German TV show allowed to call right wing politician 'Nazi sl*t', Hamburg court rules I Latest leak reveals that review of EU IP enforcement framework is currently in a deadlock I Sunday Surprises, Around the IP Blogs

Never Too Late 147 
[week ending on Sunday 7 May] Deterrence sentencing for copyright infringement: Court of Appeal gives guidance I AIPPI Event Report: Will the Unwired Planet v Huawei FRAND judgment lead to fewer NPEs? I Unjustified Threats Bill receives royal assent I"Socialistic brand": a unique category of vintage brand I Movement afoot in the patent scene in Argentina I‘Right to be forgotten’ may potentially apply to all top-level domains, says Swedish Data Protection Authority I A General Civil Restraint Order against issuing further IP claims - Is this the end of the Perry v Brundle saga? I Monday Miscellany, Wednesday Whimsies

Photo credit: Emily Schreck

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