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The IPKat was feeling naughty and opened a few IP stories under the Christmas tree early. Enjoy!

Trade Marks

Businesses often resort to placing keywords in the html code of a web page as meta tags, or in contextual advertising templates for promoting their products on the internet. Recently, in a case before the Arbitration Court of the Stavropol region in Russia, the defendant succeeded in proving that there was no infringement when a trademark, which was similar to another mark, had been included in an advertisement by a web service. In the appeal, the Supreme Court reaffirmed that keywords that are automatically generated in a search system does not constitute infringement under Russian intellectual property law. IPWatchdog has the details.

As an early Christmas present, IPTango reports that the Peruvian Instituto Nacional de Defensa de la Competencia y de la Proteccion de la Propiedad Intelectual (INDECOPI) has granted 164 collective marks to associations located in the Region of San Martin. Here is the full list (in Spanish).

Patents

Back in May, the Business Growth and Transformation Law (the so-called “PACTE Law”), inter alia, introduced new opposition proceedings against French patents before the French PTO. A draft amendment to the Intellectual Property Code is currently under consideration: it will aim to “allow third parties to request by administrative means the revocation or amendment of a patent while ensuring that abusive opposition proceedings are prevented”. Francois Pochart, Thierry Lautier and Lionel Martin, in Kluwer Patent Blog, ask readers to get ready for action because the order will be issued early next year.

Luis Fernández-Novoa, in EULAW blog, informs readers of the Commercial Courts of Barcelona’s issuance of a Protocol of Trade Secrets Protection in light of the recent approval of the law on Trade Secrets, which entered into force in March 13th, 2019, and which transposes the Directive on the protection of undisclosed know-how and business information (trade secrets).

Enjoy the Christmas Gifts!

The U.S. Supreme Court heard oral arguments in the case of Georgia v. Public.Resource.Org, Inc.. The issue is whether annotations of the Georgia State Code, provided by Lexis Nexis, a private company, is copyrightable. In Patently-O blog, you can read Dennis Crouch’s summary of the arguments and listen to the full oral arguments here.

In the Kluwer Copyright Blog, Melinda Rucz reports the judgment of the Paris Court of First Instance in the dispute between UFC-Que Choisir (“UFC”), a consumer organisation, and a videogame distribution platform operated by Valve. Among other issues, the court was asked to decide whether subscribers to Valve’s platform should be allowed to resell videogames purchased digitally. The court answered in the affirmative, finding the principle of exhaustion to be applicable to such cases.

In the SpicyIP blog, Divij Joshi reports on the liability of an online platform in India. In Google India Pvt. Ltd. vs M/s Visakha Industries, the Supreme Court of India denied quashing defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service.

Money

Are you a business owner sitting on some valuable intellectual property that is not adding to your company's asset value? What are you waiting for? Head over to IP Finance to find out how to make it rain.

Around the IP Blogs

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Here are the greatest catches from IPKat's latest hunting trip around the blogs.

Copyright

The IP Watchdog wrote about how the Katy Perry decision demonstrates that American copyright law is "out of tune in several ways". Katy Perry is a pop star who, in her smash hit "Dark Horse", was accused of wrongfully using a melody by a Christian rapper named Flame. . The District Court of Central California held that Kate Perry had infringed the copyright of Flame and the jury awarded the plaintiff 2.8 million dollars.

In a series of three cases, the German Federal Supreme Court ruled the destruction of a work does not violate the moral rights of the author. More on Kluwer Copyright Blog.

This Kat is always thinking.

On the 1709 blog, Ken Moon discussed the Court of Appeal for the 2nd Circuit's case of Capitol Records v. ReDigi concerning the exhaustion of the rights of distribution over the Internet. Ken suggested that a statutory licence may be a solution to allow 'second-hand sales' of internet-delivered content

Trademarks

In the TrademarkNow blog, IIianna Soto examined some of the reasons why there is now a growing trend for applicants to submit their Chinese trademark through the CNIPA rather than the WIPO.

Patent

Patently-O reported that a defamation suit, filed by Automated Transactions, LL, a company holding several patents on automatic teller machines (ATMs), against potential licensees who called it a "patent troll", was dismissed by the New Hampshire State Court .The decision has now been affirmed by New Hampshire Supreme Court.

EPLaw Patent blog published Erik Ficks and Fredrik Nilsson's reports on the efficiency and reliability of patent cases adjudicated by the Swedish Patent and Market Court during the first three years since its establishment.

IP & Government Subsidies

As reported by IP Finance, Video Games Tax Relief was introduced by the UK government in 2014 to provide targeted support for “culturally British” video games produced by small and medium sized businesses. Concerns over whether the relief is properly targeting these companies were raised in light of the fact that 19% of the total relief was claimed by a producer of the game, Grand Theft Auto.

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