http://ipkitten.blogspot.com/2021/10/around-ip-blogs_10.html

This Kat is having a haunted October

This post promises to take readers around the IP blogs in eight posts. 

Copyright

The Journal of Intellectual Property Law and Practice published an Author’s Take piece considering what the way forward for the press publishers’ right might be under EU copyright law. 

What effect could the recent Federal Court of Australia decision that an AI was eligible to be listed as an inventor have for the authorship concept? The Kluwer Copyright Blog thought it over.

Patents

Both FOSS Patents and JUVE Patent reported (here and here, respectively) on the invitation of the High Court of Justice (England & Wales) to Apple to take a licence on yet-to-be-determined FRAND terms or face an injunction in its dispute with Optis – with FOSS Patents in particular highlighting that Apple’s threats to leave the UK market held no water with the court.

Characterising it as a “welcome return to sanity”, Comparative Patent Remedies summarised the recent speech of Jeffrey Wilder, the U.S. Department of Justice Antitrust Division Economics Director of Enforcement, as to his department’s proposed approach to SEPs.

Over on Spicy IP came the question of how much a child’s life is worth, in relation to compulsory licensing of gene therapy medication – and whether the international regime thereto requires reform.

Trade marks

What is the impact of Brexit on exhaustion of rights? The current unevenness of arrangements in answer to this question from the UK and EU sides came under the spotlight, over on the Kluwer Trademark Blog.

On the other side of the pond, PatentlyO reported on Timberland’s filing of a civil action in the Eastern District of Virginia seeking a court order that it is entitled to register the shape of its boots as protected trade dress.

Other

Michael Geist has been taking an active role in tracking the Canadian Government’s Consultation on Online Harms, publishing both his own submission arguing that the proposed approach fails to balance protection from online harms and freedom of expression, and a separate roundup of other submissions.

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