The IPKat BLOG – Page 170

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Around the IP Blogs

http://ipkitten.blogspot.com/2021/05/around-ip-blogs_23.html To kick off the weekend, let’s take a walk around the blogs… Ready for this walk… Patents A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. Kluwer Patent Blog reported on Sweden’s position on launch at risk with regards to new... Continue reading
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Let not the Cancellation Division see your black and deep desires: (another) Banksy mark cancelled by EUIPO due to bad faith

http://ipkitten.blogspot.com/2021/05/let-not-cancellation-division-see-your.html Monkey business? The anonymous graffiti artist known as Banksy is no stranger to trade mark wrangling, with this week’s cancellation decision by the European Union Intellectual Property Office’s Cancellation Division following hot on the heels of similar proceedings last September, concerning the work ‘Flower Thrower’ (covered by the IPKat here). ... Continue reading
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How playlists are changing the nature of musical works

http://ipkitten.blogspot.com/2021/05/how-playlists-are-changing-nature-of.html Common copyright wisdom holds that technological developments primarily change the way that contents are reproduced and distributed. The obvious “then” and “now” are the printing press and the internet. “Then”, the ability to make multiple copies of contents created the conditions for the rise of the publishing industry; “now”,... Continue reading
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EPO responds to accusations of perceived bias in G1/21 (ViCo oral proceedings)

http://ipkitten.blogspot.com/2021/05/epo-responds-to-accusations-of.html The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties (IPKat). The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021). The EPO has... Continue reading
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Can a trade mark become misleading because it is transferred to a new owner? It’s all a matter of tradition

http://ipkitten.blogspot.com/2021/05/can-trade-mark-become-misleading.html The famous musical, “Fiddler on the Roof“, is all about the complexities of tradition. Indeed, there is an entire song dedicated to it. But tradition can also play a role in trademark law. Former Guest Kat Peter Ling has visited the IPKat lair and shares with Kat readers the... Continue reading
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[Guest post] The TRIPS Waiver Debate: Why, and where to from here?

http://ipkitten.blogspot.com/2021/05/guest-post-trips-waiver-debate-why-and.html The discussion surrounding the suspension of IP rights in the COVID-19 vaccines has become increasingly heated over the past few months and weeks. The IPKat is delighted to host a guest opinion on the so called ‘TRIPS waiver’ by Prof Daniel Gervais (Vanderbilt University). Here’s what Prof Gervais writes:... Continue reading
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Long walk to copyright reform (Pt 2): South Africa’s National Assembly rescinds its decision to pass the Copyright Amendment Bill

http://ipkitten.blogspot.com/2021/05/long-walk-to-copyright-reform-pt-2.html After months of discussion, South Africa’s Portfolio Committee on Trade and Industry reached a formal decision on the President’s reservations in respect of the Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment Bill (PPAB). [The Portfolio Committee on Trade and Industry is part of the National Assembly/Parliament] As... Continue reading
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English Court of Appeal tightened requirement for Crown use defence to apply, so when will it?

http://ipkitten.blogspot.com/2021/05/english-court-of-appeal-tightened.html The Crown Use defence – less ofa crown, and more of a collar? Back in February, the Court of Appeal in IPCom v Vodafone [2021] EWCA Civ 205 overturned the first instance decision of Mr Recorder Douglas Campbell QC who held that Vodafone could benefit from what seems to be the... Continue reading
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[Breaking News] The Digital Scholarship Institute is launching its activities

http://ipkitten.blogspot.com/2021/05/breaking-news-digital-scholarship.html The Digital Scholarship Institute is launching its activities by the publication of “The Aequitas Principles on Online Due Process”, which can be accessed on the new website of the Institute, here. The Digital Scholarship Institute is focused on facilitating norm-setting processes in the context of balancing online rights such... Continue reading
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Does the Irish Court of Appeal in Merck v Clonmel part ways from the CJEU’s Santen Article 3(d) decision?

http://ipkitten.blogspot.com/2021/05/does-irish-court-of-appeal-in-merck-v.html Last year’s CJEU decision in Santen (C-673/18) was an usually clear judgment on a question that had dogged SPC case law for years: whether there are any circumstances in which an SPC may be based on a second marketing authorisation for a product. In Santen (C-673/18) the CJEU rejected its own previous... Continue reading