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The IPKat BLOG

  • In: The IPKat BLOG

    From Open Access to Open Science; as open as possible as closed as necessary?

    http://ipkitten.blogspot.com/2022/06/from-open-access-to-open-science-as.html The Commission Report on Open Science and Intellectual Property Rights was published in April 2022 (read it here). According to the Commission, this report provides a critical analysis of the literature on the relation between Open Science (OS) and IPR protection and how they might live harmoniously, by scoping... Continue reading

     
  • In: The IPKat BLOG

    Long walk to copyright reform #4: South Africa’s Parliamentary Committee approves a revised Copyright Amendment Bill

    http://ipkitten.blogspot.com/2022/06/long-walk-to-copyright-reform-4-south.html Some progress has been made on the legislative front in terms of South Africa’s journey to amend its copyright statute. On Friday last week (10 June 2022), South Africa’s Portfolio Committee on Trade and Industry adopted its report on the Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment... Continue reading

     
  • In: The IPKat BLOG

    CJEU: existence of earlier local right sufficient to fend off trade mark claims

    http://ipkitten.blogspot.com/2022/06/cjeu-existence-of-earlier-local-right.html Trade marks are very strong rights, on the basis of which a proprietor can bring forward a wide variety of claims. Yet, the rights conferred by a trade mark may be limited, for instance when the proprietor faces an earlier right applying in a particular locality. With respect to... Continue reading

     
  • In: The IPKat BLOG

    Ten things to know about NFTs

    http://ipkitten.blogspot.com/2022/06/ten-things-to-know-about-nfts.html Recently, I spoke in the PRS London Members’ Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade). There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Here... Continue reading

     
  • In: The IPKat BLOG

    UK IPO report: use of intellectual property rights across UK industries

    http://ipkitten.blogspot.com/2022/06/uk-ipo-report-use-of-intellectual.html The UK Intellectual Property Office (IPO) has published a report which shows that over a third (34.95%) of UK industries are found to be ‘IP intensive’. The report, published on 9th June 2022 here, is an update to a similar publication by the IPO in September 2020. The research... Continue reading

     
  • In: The IPKat BLOG

    Could ‘COVIDIOT’ be a trade mark in the EU?

    http://ipkitten.blogspot.com/2022/06/could-covidiot-be-trade-mark-in-eu.html The rush to file trade mark applications to capitalize on a trending term or phrase is not new. Just to mention a few recent examples, the European Union Intellectual Property Office (EUIPO) received applications relating to ‘JE SUIS CHARLIE’ in the aftermath of the Charlie Hebdo attack and ‘BLACK... Continue reading

     
  • In: The IPKat BLOG

    EU General Court dismisses Apple’s appeal against revocation of ‘THINK DIFFERENT’ EU trade mark

    http://ipkitten.blogspot.com/2022/06/eu-general-court-dismisses-apples.html For long-time Apple users, followers, and fans, the phrase ‘THINK DIFFERENT’ will undoubtedly ring a bell or two. Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave... Continue reading

     
  • In: The IPKat BLOG

    UK court discusses copyright protection of fictional characters and defences for parody and pastiche

    http://ipkitten.blogspot.com/2022/06/uk-court-discusses-copyright-protection.html Derek “Del Boy” Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday – Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) – the Intellectual... Continue reading

     
  • In: The IPKat BLOG

    [Guest post] News in YouTube/Cyando: German Federal Court rules following CJEU decision

    http://ipkitten.blogspot.com/2022/06/guest-post-news-in-youtubecyando-german.html The YouTube/Cyando referrals kept EU copyright lawyers busy for a long time (Kat-coverage here). After last year’s ruling of the Court of Justice of the European Union, the ball was back in the (literal) court of Germany’s Federal Court of Justice (BGH). A few days ago, the BGH had... Continue reading

     
  • In: The IPKat BLOG

    All I Want for Christmas is…Everyone to understand what copyright infringement is (not)

    http://ipkitten.blogspot.com/2022/06/all-i-want-for-christmas-iseveryone-to.html Readers may have seen that the media have picked up on a claim made against Mariah Carey for copyright infringement by her infamous song “All I Want for Christmas is You“. Just in case there was any doubt in readers’ minds, here are the reasons why this Kat believes... Continue reading

     
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