The IPKat BLOG – Page 186

In: The IPKat BLOG

Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604/16)

http://ipkitten.blogspot.com/2021/01/boards-of-appeal-are-competent-to.html One important consideration in any legal system is the competency of appeal departments to review findings of fact at first instance. The case law of the Boards of Appeal has historical permitted only limited reassessment of facts at the appeal stage. However, a recent EPO Board of Appeal decision (T 1604/16) has... Continue reading
In: The IPKat BLOG

Around the Blogs

http://ipkitten.blogspot.com/2021/01/around-blogs.html This Kat is busy thinking up New Year’sResolutions Welcome to another – this time rather international – weekly look around the IP blogs. Copyright The debate about academic publishing and access has taken a turn in India, with Elsevier, Wiley, and American Chemical Society filing a copyright infringement suit in... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/01/never-too-late-if-you-missed-ipkat-last.html Home alone (and asleep) Trade Marks Last week, GuestKat Peter Ling offered his farewell post on whether QR codes may be registered as a trade mark. Peter analysed a Swiss decision on the matter, where the Federal Administrative Court reached the conclusion that QR codes are devoid of distinctive... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/01/sunday-surprises.html It’s a new year which means new events for you! Soooo excited about all the events! Webinars FIDE (Legal and Business Research Foundation) and TIPSA (Transatlantic Intellectual Property Academy) join forces to organize a serial of digital encounters to be scheduled along the year 2020 around the topic... Continue reading
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‘ATHLON CUSTOM SPORTSWEAR’ found not confusingly similar to ‘DECATHLON’

http://ipkitten.blogspot.com/2021/01/athlon-custom-sportswear-found-not.html In an interesting decision from October 2020, the EU General Court considered that there was no likelihood of confusion between the signs ‘Athlon Custom Sportswear’ and ‘DECATHLON’ pursuant to Article 8(1)(b) of Regulation 2017/1001 (the EU Trade Mark Regulation (EUTMR)). In particular, it reasoned that, where the elements of... Continue reading
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IPKat Book of the Year Awards 2020 Winners!

http://ipkitten.blogspot.com/2021/01/ipkat-book-of-year-awards-2020-winners.html Thank you to readers for voting in the IPKat book of the year awards, here are your 2020 nominees and winners! Best Patent Law Book The nominations were: Till Andlauer, Stefan Ahlers, Thomas Eißfeller and Christoph Schindler, EPC.App: The Self-Editable Commented European Patent Convention (Independently published 2020) Colin Birss, Andrew Waugh,... Continue reading
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[Guest post] The Wuhan Submarine surfaces at Christmas in global Ericsson/Samsung SEP battle

http://ipkitten.blogspot.com/2021/01/guest-post-wuhan-submarine-surfaces-at.html Katfriend Richard Vary informs readers of an interesting development in global Standard Essential Patents (SEP) disputes — the rise of the “Wuhan Submarine” — and very recent use of this tactic in the ongoing SEP battle between Ericsson and Nokia. Over to Richard: Ericsson and Samsung are re-negotiating a cross-licence... Continue reading
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New Year, New IP Law – Protect Lawful Streaming Act, CASE Act, and Trademark Modernization Act

http://ipkitten.blogspot.com/2021/01/new-year-new-ip-law-protect-lawful.html As the United States prepares to begin the first session of the 117th Congress on January 3rd, 2021, the present legislature finished their terms by coalescing several bills into one larger act. This became the Consolidated Appropriations Act, 2021, or H.R. 133, which included two intellectual property bills –... Continue reading
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Beijing IP Court case express- copyright in apparel design

http://ipkitten.blogspot.com/2021/01/beijing-ip-court-case-express-copyright.html Cases presented on the Beijing Intellectual Property (IP) Court’s Case Bulletin webpage are worth reading, given that, since April 2015, the Court has been undertaking tasks as the national IP case guidance research base designated by the Supreme People’s Court of China. This post discusses one of the cases... Continue reading
In: The IPKat BLOG

Guest post: The new IP Court in Ukraine: is there any room for improvement?

http://ipkitten.blogspot.com/2021/01/guest-post-new-ip-court-in-ukraine-is.html As a result of comprehensive judicial reform, Ukraine has set out to establish a new specialised intellectual property court (the IP Court). The UK has provided technical assistance to Ukraine on the establishment and functioning of the new IP Court. This DFID/FCO funded project was implemented by the Centre... Continue reading