Around the IP Blogs!
Beginning with New Zealand and finishing with Guatemala, let's check the IP news around the world and...around the IP blogs!Copyright
The 1709 Blog reports on the ongoing review of the New Zealand Copyright Act, focusing on relevant issues, as identified in the Issues Paper by the Ministry of Business, Innovation & Employment, including the potential introduction of a fair use defence and the relationship between copyright and registered design protection.
On the Kluwer Copyright Blog, German BGH - Does YouTube Perform Acts of Communication to the Public, analyses the meaning of the expression "act of communication to the public" in the context of the reference for preliminary ruling (Case C-682/18). What would a no-deal Brexit mean for copyright in the UK? deals with the consequences of a no-deal Brexit in light of UK Government notice and on two significant copyright-related proposals in the context of the European Commission's Digital Single Market strategy.
Trade marks
No License No Cry: Ninth Circuit Nixes Jammin Java Appeal in Bob Marley Trademark Case, on IPWatchdog, reports on the recent decision of the U.S. Court of Appeals for the Ninth Circuit which has upheld damages award for trade mark infringement in favor of Hope Road, the Bahamas-based entity owning the Bob Marley intellectual property rights, against Jammin Java, which had licensed Marley's name and made material breaches of its contractual obligations.
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Colour Trade Marks Revisited: Use and Infringement, on the weblog of the Journal of Intellectual Property Law and Practice, focuses on the lack on inherent distinctive character of colours and consequently on the risk of revocation of registered colours per se trade mark.
Patents
On PatentlyO, Self-Harm: Company's own 102(e) prior art Cancels the Patent discusses the issue of prior art under pre-AIA 35 U.S.C. 102(e) and, in particular, the definition of "filed by another" and "owned by the same entity". Teams of Inventors: Trends in Patenting, shows the growth of inventions made by team, underlying that the average number of inventors per patent has been steadily increasing over the past 40 years, and consequently, expresses the need for patent law to foster and encourage teams project.
IPFinance reports on the attempts of the state of Louisiana to adopt the Netflix model of paying for pharmaceuticals in order to open up access to the drugs to more people.
Indications of Origin
IPTango reports on the recognition of Pisco as a Denomination of Origin produced in Peru by the Registry of Industrial Property of Guatemala. This means that the registration of the name and any marketing of Pisco in Guatemala is prevented if it does not comply with the Peruvian national regulation.
