The IPKat BLOG – Page 156

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AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

http://ipkitten.blogspot.com/2021/09/ag-hogan-advises-cjeu-to-rule-that.html Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? If so, can rightholders request the providers of such a service to impose a levy even if their... Continue reading
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New Zealand gold kiwifruit “returns” to China: when plant breeders’ rights meet geopolitical realities meet territorial considerations

http://ipkitten.blogspot.com/2021/09/new-zealand-gold-kiwifruit-returns-to.html Kat friend Doug Calhoun reports on the complicated follow-up to the New Zealand case of infringement of gold kiwifruit. In a previous post, this blogger described how a plant variety right for a gold kiwifruit variety in New Zealand had been infringed by a rogue grower. In that decision,... Continue reading
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Sony ‘Vita’ mark loses out in genuine use revocation proceedings before EU General Court

http://ipkitten.blogspot.com/2021/09/sony-vita-mark-loses-out-in-genuine-use.html Genuine use poses a unique quandary for trade mark owners when raised in revocation proceedings. Not only does the trade mark owner bear the burden of producing evidence to establish such use, but the trade mark owner should know that the ‘reputation’ of the mark does not mean that... Continue reading
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AIPPI Event Report: Lord Justice Birss looks to the future of civil justice

http://ipkitten.blogspot.com/2021/09/aippi-event-report-lord-justice-birss.html The AmeriKat enjoying her fullyremote existence… Last week, the UK Group hosted the latest in their remote series of events with Lord Justice Birss looking to the future of civil justice. The AmeriKat was elsewhere in the remote universe, but was lucky to have guest Kat, Anna Duch (Bristows) on... Continue reading
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Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

http://ipkitten.blogspot.com/2021/09/authorship-of-photographs-and-ownership.html The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. The decision... Continue reading
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Patentee doublethink in regulatory submissions and patent prosecution is inequitable conduct: Belcher v. Hospira (US)

http://ipkitten.blogspot.com/2021/09/patentee-doublethink-in-regulatory.html The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. The case serves to highlight the... Continue reading
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IPKat in conversation with Tim Moss, CEO of the UK IPO

http://ipkitten.blogspot.com/2021/09/ipkat-in-conversation-with-tim-moss-ceo.html This Kat was delighted to have the opportunity to chat with Tim Moss, Chief Executive Officer and Comptroller General of the UK’s Intellectual Property Office (IPO), on the topic of artificial intelligence (AI). Hayleigh Bosher: One of the IPO’s key priorities in its Corporate Plan is to understand the... Continue reading
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ERA’s Autumn events coming up with special IPKat readers’ 25% discount

http://ipkitten.blogspot.com/2021/09/eras-autumn-events-coming-up-with.html Trier The IPKat’s friends at the Academy of European Law (ERA) in Trier, Germany are always busy organizing new conferences and events. Among the IP-focused ones, ERA’s Autumn calendar features 3 conferences for which IPKat readers can register by claiming a 25% discount in the registration fee by using... Continue reading
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Reasons for an EBA referral on plausibility, post-published evidence and problem-solution

http://ipkitten.blogspot.com/2021/09/reasons-for-eba-referral-on.html As recently reported here on IPKat, we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. The potential for a referral on this topic may have come as a surprise to some, given... Continue reading
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The Global Innovation Index (GII) 2021

http://ipkitten.blogspot.com/2021/09/the-global-innovation-index-gii-2021.html The 14th edition of the Global Innovation Index (GII) was released today. Published since 2007, the GII has been a useful source of analysis for measuring innovation. The GII 2021 was published by the World Intellectual Property Organization (WIPO), in partnership with the Portulans Institute and with the support... Continue reading