Never too late!
A bumper Never too Late for you, including the summary of a number of important recent cases.
Copyright
Katfriend Sami Sunila summarised the recent judgement issued by the Finnish Market Court in whether collecting societies have standing to sue for copyright infringement and do internet access providers commit acts of communication to the public when they give access to their customers of TV programs that are also broadcasted simultaneously free to air?
Kat Eleonora Rosati informed us about the upcoming deadline (16 September) for article submissions for the Journal of Intellectual Property Law & Practice (JIPLP) in its special “Image Rights” issue to publish in early 2020.
GuestKat Nedim Malovic commented on the High Court of Justice of England and Wales’ judgment concerning trade mark infringement and passing off in Beauty Bay and Dotcom Retail v Benefit Cosmetics [2019] EWHC 1150 (Ch).
Katfriend Riana Harvey, a soon-to-be graduate of the University of Southampton, summarised the denial of US copyright registration for the Tommy Hilfiger Flag on the ground of insufficient originality.
Continuing the flag theme, Riana then discussed the The reemergence of issues surrounding copyright and the Australian Aboriginal Flag.
BookReviewKat branched out into a commentary on the civil complaint brought against model Gigi Hadid for alleged copyright infringement in posting a picture of herself on Instagram.
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| Thankfully, the Kat can post this selfie |
Patents
Katfriend Alexander de Leeuw reported on the latest instalment of the pemetrexed saga. In particular, the Dutch District Court of The Hague’s decision that tromethamine cannot be considered equivalent to disodium in contrast to many other national courts.
GuestKat Rose Hughes summarised the appeal in J 05/18 and in particular the finding that an isolated error in a well-functioning system is not equivalent to all due care.
This was followed up with a further post from Rose on the refusal of Mr Justice Birss to grant an arrow declaration in Pfizer v Roche [2019] EWHC 1520 (Pat).
Rose also commented on the question relating to SPCs for a second indication of a product that has been referred to the CJEU (C-354/19).
On the theme of SPCs, Rose further summarised the SPC manufacturing and stockpiling waiver (amending Regulation (EC) No 469/2009) that came into force on 1 July 2019. Controversially, the legislation provides a waiver not only for the manufacture of generics and biosimilars for export, but also provides a waiver for stockpiling for day-1 release following expiry of an SPC.
Finally, Rose updated us on the latest step in the FRAND/SEP saga with the UK High Court decision on the validity of Conversant's patent for 3G mobile phone technology. Mr Justice Arnold found that Conversant's patent is essential and infringed by Huawei and ZTE, but invalid for added matter: Conversant v Huawei [2019] EWHC 1687 (Pat).
Katfriend D. Wayne Taylor provided a strong rebuttal of the attack on IP in the name of drug prices.
Trademark
Kat Eleonora Rosati summarised the opinion of AG Bokek to annul the General Court’s judgement in T‑69/17. This provides the CJEU with the opportunity to clarify - for the first time - what legal test is to be applied when considering whether to reject an application for a trade mark on the basis of Article 7(1)(f): when can a sign be considered to be ‘contrary to public policy or to accepted principles of morality’?
GuestKat Nedim Malovic commented on the decision of the EUIPO Second Board of Appeal on when a Trademark Opposition may be withdrawn before the decision or appeal becomes final.
General
There is an IPKat Reader Discount for the IP Seminar at Volvo Cars in Sweden on 8 and 9 October as reported by Kat Annsley Merelle Ward. The seminar will be an in-depth look into the emerging challenges and future developments of IP in the automotive industry.
Asia Correspondent Kat Tian Lu updated us on the rise of questions relating to Intellectual Property in the Gaokao (高考) college entrance examination in China.
Katfriend Fredy Sánchez Merino provided his latest review of recent IP developments in Latin America, including industrial designs in Brazil, and copyright infringement in Columbia.
GuestKat Alex Woolgar summarised the highlights from the two day conference on ‘AI: Decoding IP’ at the London Stadium in the Olympic Park in a couple of posts available here and here.
There were two book reviews in this period. The first was on The State of Creativity: The Future of 3D Printing, 4D Printing and Augmented Reality. The second was Copyright in the Information Society: a guide to national implementation of the European Directive.
Never Too Late 226 [Week ending 16 Jun] Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration| China introduces 'intent to use' to combat trade mark squatting in its recent law amendment | General Court confirms invalidity of (one of the) adidas three-stripe mark(s) | Yeezy Boost 350 shoes may be registered, says US Copyright Office Review Board | DSM Directive Series #6: 'hyperlinking' in the press publishers' right | U.S. Second Circuit cannot agree on the meaning of 'volitional conduct' | There is No Substitute for a Porsche – Except another Porsche? | Italian court confirms that unauthorized use of Audrey Hepburn's likeness infringes (post mortem) image rights | Conference report - More Than Just a Game (Maastricht edition) | Event Report: Institutions And Regulation For The Fourth Industrial Revolution | Book Review: Sterling on World Copyright Law | Book Review: Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights | Book review: Copy This Book – An Artist’s Guide to Copyright | Book review: Copyrighting God | In memoriam Patricia Battin-- influential warrior in the battle over the library of the future | Looking to catch up with the latest fashion (law) trends? Here's a course with an IPKat readers discount.
Never Too Late 225[Week ending 9 Jun]Digging Designs - a six month review (& farewell) | Will Marvel Studios face copyright infringement claim for using Ghanaian kente designs in the Black Panther movie? | Beware of your old expert reports, as Henry Carr J allows hearsay expert evidence in Illumina v Ariosa | Still want to be a UPC judge? UPC Preparatory Committee seeking new "top-up" applicants | Nuances in the definition of accidental anticipation (T 1218/14) | What is your SEP "licensing concept"? The Higher District Court of Düsseldorf in Unwired Planet puts some further constraints on SEP owners | First the Italian torpedo and now the Haar-poon – Geography is Not the Only Issue in G2/19 | “The internet’s not written in pencil, it’s written in ink” … yet content removal can be done on a worldwide basis, says AG Szpunar | Sampling Mumbo Jumbo: Minecraft YouTuber receives copyright claims on hundreds of videos in a matter of hours | Milk, Brands and Duty Free: The return of lactose intolerance | California Privacy Law: Too Good to be True?
Never Too Late 224 [Week ending 2 Jun] Following CJEU Syed ruling, Swedish Supreme Court establishes criminal liability through warehouse storage of copyright infringing goods | Opposition proceedings before the EUIPO: a lesson from the General Court | Sprint Electric v Potamianos: High Court finds an implied copyright assignment based on equitable title | Henry Carr J refuses Abbott's mitral valve preliminary injunction | Not quite "One in a Million", says Court of Appeal | Sir Hugh Laddie and the Lectures: A story about a new publication | A publishing opportunity for anyone with an interest in the wine industry (and who doesn't?) | Wine, beer and chocolate-all with a Southern flavor | In memoriam Grumpy Cat: IP and beyond
Never Too Late 223 [Week ending 26 May] How does the average consumer perceive the term "SPA"? | 'Guns ‘N’ Rosé' Beer: Sounds Familiar? | Skykick - why does it matter & what could it mean for trade marks? Counsel's perspective | Mr Justice Nugee and the Superhose: The potentiality of disclosure | Dutch Court of Appeal injuncts unwilling licensee in first post-Huawei v ZTE FRAND decision | English High Court seizes patent infringement jurisdiction once again | No knowledge in secondary copyright infringement of Eminem's first album | Ariana Grande, thank you, next: copyright infringement on Instagram | DSM Directive is now Directive 2019/790 and Member States will need to transpose it by 7 June 2021 | Error in the Italian translation of Article 17 of the DSM Directive ... but is Italian the only instance? | Conversant v LG: No FRAND rate in sight, as the Paris Cour d'appel tackles essentiality and German trade secrets | Does a “Launch At Risk” Automatically Exclude the Right to Appropriate Compensation for a Wrongfully-Issued Preliminary Injunction? | TILTing Perspectives 2019 | Book review: Public rights – Copyright’s Public Domains | The Agreement on African Continental Free Trade Area (AfCFTA) - Protocol on IP | Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence & more | Book Review: Intellectual Property, Finance and Corporate Governance | IP law in Cambridge this summer
