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, 13 November 2017

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

Been away and want to catch up with the recent IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 169th edition of Never Too Late (for the week ends on Oct. 22nd, 2017).


Merpel Reports: the EPO has announced that Antonio Campinos has been elected as its new President. His appointment will be for a five-year term starting 1 July 2018. 


IPKat's Neil Wilkof was recently reviewing a book on IP in India, during which he became aware of Waldemar Haffkine, the great bacteriologists/microbiologists of the late 19th and early 20th century. Touched by his life story, Neil wrote this post commemorating this “savior of humanity”.


IPKat's Eleonora Rosati analyses a judgment (308 O 151/17) issued by the Regional Court of Hamburg this year, which shows a certain disagreement with recent CJEU case law on the right of communication to the public, including in the linking context, and warns against the dangers of intending the GS Media presumption of knowledge in too a broad sense. 


After the Hamburg court’s ruling, IPKat's Eleonora Rosati reports onnanother recent ruling of the Federal Court of Justice (BGH) [here] which questioned or, at least, proposed a restrictive meaning and application of the recent decisions of the CJEU on the right of communication to the public and linking to protected content under Article 3(1) of the InfoSoc Directive.


In a sunny fall morning in Manhattan, AmeriKat Annsley sent the IPKat readers a recap of what has been going on in the trade secrets world recently. 

Immersive conference reports!
Last week, AmeriKat Annsley published in total 10 reports covering the AIPPI's World Congress in Sydney – Kudos to her productivity and timeliness!

AIPPI Congress Report 13: The Business of IP: Big Data, Big Issues
AIPPI Congress Report 12: Sparkling wine corks pop as AIPPI passes resolution on geographical indications
AIPPI Congress Report 11: What's the (technical) problem?
AIPPI Congress Report 10: Digital Health
AIPPI Congress Report 9: The middleman - intermediary liability
AIPPI Congress Report 8: Innovator v Innovator – injunctions
AIPPI Congress Report 7: Medical devices and patents
AIPPI Congress Report 6: The business of IP – venturing with IP
AIPPI Congress Report 5: Pharma Day I - Sufficiently plausible
AIPPI Congress Report 4: The business of IP – IP and competition


IPKat's Nicola Searle introduces the second edition of Catherine Seville's EU Intellectual Property Law and Policy, which brings an updated account of key topics and considerations of the EU's law and policy in the digital realm. Part of the Elgar European Law series, the book covers EU IP law and policy in a "compact and accessible" manner.


InternKat Tian Lu reviews the book Intellectual Property Rights and Climate Change – Interpreting the TRIPS Agreement for Environmentally Sound Technologies recently launched by Cambridge University Press. The book is (very well-)written by Dr. Wei Zhuang, who takes a clear-eyed view of the interface between the TRIPS Agreement and innovation and transfer of ESTs.


GuestKat Eibhlin Vardy cuts her patent litigation teeth on smartphones - She had a wave of nostalgia delving into the acronyms of mobile telecommunications standards in the recent Court of Appeal decision of Koninklijke Philips N.V. v Asustek Computer Incorporation, HTC Corporation and others [2017] EWCA Civ 1526. The judgment concerns an appeal from a decision of Arnold J on a preliminary issue [2016] EWHC 2220 (Pat), regarding the construction of a California law governed patent cross-licensing agreement containing a covenant not to assert patents against third parties. 


Together with a group of scholars active in copyright issues, Professor Martin Senftleben (Vrije Universiteit Amsterdam) has published a Recommendation on measures to safeguard fundamental rights and the open internet in the framework of the EU copyright reform. In this post, Professor Senftleben explains more in detail the content of the proposal.


The German Federal Court of Justice once again confirmed its reputation for being the most shape mark-friendly court in Europe. In four decisions of 18 October 2017, it overturned four decisions by the Federal Patent Court invalidating shape marks. In all four cases, it was undisputed (before the BGH) that the shapes had acquired distinctiveness through use – IPKat's Mark Schweizer brings readers a neat summary. 


IPKat's Eleonora Rosati reminds readers the annual conference on Standards, Patents and Competition law returns to London on 6 and 7 December, in which the latest developments in law and litigation will be discussed.


Keen IPKat readers will know that The IPKat was born out of a wish to support and emulate the teaching and learning of intellectual property law, including copyright law. Week in week out, its team of Kats continue in their mission through their writing and celebrate the initiatives of others who do the same. In this spirit, this post brings your attention to the mini-series of short animated films ‘The Game is On!’ written and directed by Ronan Deazley and Bartolomeo Meletti, available on the Copyrightuser.org.



Photo courtesy of He Gong.

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 168 [week ending Sunday 15 October] Book review--Create, Copy, Disrupt: India’s Intellectual Property Dilemmas | Freedom of Panorama: would it hurt architects? Survey among Italian-based architects says NO | The new unjustified threats bill – do's and dont’s| International Copyright Law returns to London| Retromark Volume II: the last six months in trade marks and Volume I| Book Review Times Two: GI at the Crossroads of Trade, Development, and Culture and GI - Global and Local perspectives|Does the retreat from internationalism mean the retreat of IP? |Event report: I3PM General Assembly 2017 at WIPO in Geneva |copyright and music 

Never Too Late 167 [week ending Sunday 8 October] Is the German press publishers' right lawful? More details on the CJEU reference | Community registered designs & the CJEU - Nintendo v Big Ben | In memoriam Maurice Bluestein: "Baby--it's cold outside"; the story and nomenclature of the Wind Chill Index | Book Review: The Fundamental Right to Data Protection | Brexit: The IP Position Paper and trade marks | Brexit and Brands: 536 days and counting – what is the UK going to do? | Sunday Surprises

Never Too Late 166 [week ending Sunday 1 October] Book Review: What if we could reimagine copyright? | Italian Supreme Court confirms availability of copyright protection to TV formats | EU certification mark: It's coming your way on October 1st | Pemetrexed pops up in Milan | Medical data in a twist - Technomed v Bluecrest | Proposed EMA relocation: staff survey update | Event: The impact of Brexit on the UK copyright regime | Waiting for the approval of the EU Directive on copyright in the Digital Single Market | 'TOBBIA' EU trade mark declared invalid for conflict with 'PEPPA PIG' EU trade mark

Never Too Late 165 [week ending Sunday 24 September] German Federal Court of Justice rules that GS Media presumption of knowledge does not apply to Google Images| Life as an IP Lawyer: Washington, D.C.| Furie-ous creator of Pepe the Frog determined to use copyright to get his green creation back | Book Review: Marketing and Advertising Law in a Process of Harmonisation | Special interview with the Chief Executive of the Intellectual Property Office of Singapore on new one billion dollar innovation fund (and more) | Conference Report: Zurich IP Retreat 2017 - Patents and Hindsight (Part I and II) | Does Allergan's Saint Regis Mohawk Tribe transactional move "rip off consumers"?

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