Around the IP Blogs

The IPKat once again has selected blogposts that contribute to the discussions on IP thought and practice. 

Copyright 

In the Kluwer Copyright Blog, Christian Czychowski and Viktoria Kraetzig offer their insights on two judgments given by the CJEU, in Funke Medien (C-469/17) and Spiegel Online GmbH (C-516/17), respectively (here, here). The issue in both cases is whether copyright could be a right of censorship. 

The SpicyIP blog published Karan Dhalla's post that analyses the judgment rendered by the Bombay High Court in Tips v. Wynk. The court held that the statutory licensing scheme under Section 31D of the Copyright Act in India does not apply to internet broadcasting 

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Patent 

In the EPlaw Patent blog, Pierre Véron reports on the appeal decision in the Mermet v. Chavanoz industrie case in France. The first instance court had awarded the plaintiff the largest ever amount in Europe for damages in a patent infringement case (€25,000,000). The court of appeal overturned this decision on the ground that the patent is invalid due to lack of novelty - Chavanoz had sold the patented product before the priority date of the patent. 

In IPwatchdog blog, Gene Quinn criticizes the claim made by the R Street Institute that patents are too strong and are inhibiting American companies in the race for leadership in the 5G marketplace and continued leadership in Artificial Intelligence (AI), this due to assertion by the Chinese telecommunications company, Huawei, of more than 200 patents against Verizon Communications earlier this year. Quinn argues that there may be legitimate security concerns around Huawei’s infrastructure, but to suggest that the company's patents are at the root of these threats is in a word—Absurd! 

Trademark and GI 

Jeffrey H. Brochin, in Kluwer Trademark blog, reports the decision of the US Court of Appeals for the Federal Circuit in Cervejaria Petropolis SA v. Ambev S.A case. The court held that single instance of display of a trademark on race car and jumpsuit did not establish intent to use the mark for the registered product. 

In the IPTango blog, Patricia Covarrubia reports the decision of the Peruvian Ministry of External Relations to appeal to the ruling of the Court of First Instance of Thailand against the registration of a Chilean association that intends to use the term “Pisco". “Pisco” is a grape brandy produced in Chile and Peru.