http://ipkitten.blogspot.com/2019/02/breaking-new-referral-to-enlarged-board.html An EPO Board of Appeal has referred the question of double-patenting to the Enlarged Board of Appeal (EBA). The issue of double-patenting has been considered before by the EBA, in G 1/05 and G 1/06. In these decisions the EBA proposed that the principle that double patenting should be prohibited given... Continue reading
http://ipkitten.blogspot.com/2019/02/never-too-late-if-you-missed-ipkat-last_21.html The 213th edition of Never Too Late takes a look at what the Kats have been blogging about between the 14th and 20th of January! Disclaimer: not an actual photo of ourKats reviewing books here First, our GuestKats have been busy reviewing books that week: Mathilde Pavis provides a... Continue reading
http://ipkitten.blogspot.com/2019/02/britannia-rules-on-seps-but-is-it-frand.html As the debate continues as to whether the UK courts have taken command of global FRAND determinations or whether it is all storm in a teacup, Michael Burdon (Simmons & Simmons) has some critical analysis to share as to the role of the English courts in FRAND determinations in the absence... Continue reading
http://ipkitten.blogspot.com/2019/02/facebook-found-liable-for-hosting-links.html Kilari and Valentina Ponzone For the first time under Italian law a platform (Facebook) has been found liable for hosting third-party links to unlicensed content. The decision was issued by the Rome Court of First Instance a few days ago: it is Tribunale di Roma, sentenza 3512/2019. The judgment is both... Continue reading
http://ipkitten.blogspot.com/2019/02/book-review-assessing-intellectual.html With great interest in China’s IP system and its WTO commitments, Dr. Kristie Thomas in her book Assessing Intellectual Property Compliance in Contemporary China offers an interdisciplinary analysis of China’s compliance with the TRIPS Agreement using theories originating from international relations and law.This Kat’s attention was caught by reading... Continue reading
http://ipkitten.blogspot.com/2019/02/epos-administrative-council-powerless.html The IPKat recently reported on the EPO board of appeal decision on the patentability of plant products produced by essentially biological processes, a decision mired in political controversy. The Board ruled that Rule 28(2) EPC, excluding plant products produced by essentially biological processes from patentability was void in view of... Continue reading
http://ipkitten.blogspot.com/2019/02/digitized-images-of-works-in-public_19.html Ress-Engelhorn Museen A few days ago the German Federal Court of Justice (BGH) released the full text of its recent judgment concerning protection of digitized versions of public domain images. The IPKat is delighted to host, in two posts, the analysis provided by Tobias Lutzi (Research Fellow at the... Continue reading
http://ipkitten.blogspot.com/2019/02/digitized-images-of-works-in-public.html Reiss-Engelhorn Museen A few days ago the German Federal Court of Justice (BGH) released the full text of its recent judgment concerning protection of digitized versions of public domain images. The IPKat is delighted to host, in two posts, the analysis provided by Tobias Lutzi (Research Fellow at the... Continue reading
http://ipkitten.blogspot.com/2019/02/glen-buchenbach-is-misleading.html A bottle of Glen Buchenbach A few months ago former GuestKat Mirko Brüß reported on a decision of the Court of Justice of the European Union (CJEU) concerning Geographical Indications (GIs), whisky, and a particular liquor produced in Germany.Now, the referring court has decided the case after it returned from... Continue reading
http://ipkitten.blogspot.com/2019/02/around-ip-blogs_18.html There has been a flurry of activity on the IP blogs this week, from the new PTAB guidance in place to a couple of German cases looking at the interplay between fundamental rights and copyright. Copyright The 1709 Blog reports on rights owners’ call for a halt to EU Copyright reforms.... Continue reading