The IPKat BLOG – Page 186

In: The IPKat BLOG

Joint IPKat-BLACA-IFIM live webinar on CJEU YouTube/Cyando judgment on 1 July: join us!

http://ipkitten.blogspot.com/2021/05/joint-ipkat-blaca-ifim-live-webinar-on.html Do YouTube and cyberlocker Uploaded directly perform copyright-restricted acts? And, following from this: what is the relationship between the InfoSoc right of communication to the public and Article 17 of the DSM Directive? At what conditions is the hosting safe harbour available? And what about intermediary injunctions? These are... Continue reading
In: The IPKat BLOG

PRS and Qatar Airways global music copyright infringement case takes off

http://ipkitten.blogspot.com/2021/05/prs-and-qatar-airways-music-copyright.html Readers may remember this case between PRS and Qatar Airways from last year [Katpost here], for which the claim for global copyright infringement proceeds. In the latest hearing, on 23rd March 2021, the parties narrowed down the issues and dispute disclosure. Re-cap of the dispute The applicant, PRS, is a performing... Continue reading
In: The IPKat BLOG

Guest Book Review: Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage

http://ipkitten.blogspot.com/2021/05/guest-book-review-research-handbook-on.html This review is brought to you by Dr Paula Westenberger, Lecturer in Intellectual Property Law, Brunel University London. Her research interests cover the intersection between copyright law, human rights and culture, with particular focus on topics including limitations and exceptions to copyright, the use of digital technology by cultural... Continue reading
In: The IPKat BLOG

Monday Miscellany

http://ipkitten.blogspot.com/2021/05/monday-miscellany.html This Kat is looking out for new webinars Looking ahead to the new week is an ideal time to find out about IP events on the horizon. Conferences LES Hungary invites session proposals for the Virtual Pan-European Conference 2021, taking place on 5-6 October 2021 with the overall theme... Continue reading
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Board of Appeal upholds the principle of “any person” opposition in view of the broader public good (T 1839/18)

http://ipkitten.blogspot.com/2021/05/board-of-appeal-upholds-principle-of.html In contrast to litigation proceedings in national courts, an opposition may be filed against a European patent in the name of a so-called straw man, behind which the identity of the interested party may be hidden. In a recent Board of Appeal case (T 1839/18), a patentee questioned whether... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/05/around-ip-blogs_9.html Copyright The SpicyIP Blog published a guest post concerning copyright protection of musical fountains under the Chinese legislation. The post analyses the approach taken by at least on court in China (the report does not specify the court) regarding dynamic artworks and then compares it with Indian copyright law.... Continue reading
In: The IPKat BLOG

Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/05/never-too-late-if-you-missed-ipkat-last_9.html This Kat’s gift to all the Kat moms is an opportunity to not miss anything that the Kats have reported on… Time to catch up on the IPKat! PATENTS In UK patent law, the mere potential for prior public use to have been observed can deprive an invention... Continue reading
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Can Amazon be directly liable for trade mark infringement? A new CJEU referral

http://ipkitten.blogspot.com/2021/05/can-amazon-be-directly-liable-for-trade.html Is it a trade mark infringement to, e.g., advertise, offer, stock and ship goods carrying a sign identical or similar to a registered sign? The answer is not a difficult one to provide: Articles 10 TMD and 9 EUTMR clearly indicate that these activities amount to prima facie infringement.... Continue reading
In: The IPKat BLOG

Guest Book Review: Copyright in the Music Industry

http://ipkitten.blogspot.com/2021/05/guest-book-review-copyright-in-music.html Readers may know that this Kat enjoys writing about copyright and music from her postings, and during the first lockdown she penned a book on the topic, titled Copyright in the Music Industry: A Practical Guide to Exploiting and Enforcing Rights. Dr Sabine Jacques is Associate Professor in IP, IT &... Continue reading
In: The IPKat BLOG

[Guest post] How to reconcile sustainability and eradication of counterfeit goods in the fashion industry?

http://ipkitten.blogspot.com/2021/05/guest-post-how-to-reconcile.html While fashion brands and retailers are committing to sustainability standards with increasing strength, the environmental and social impact of counterfeit goods is being neglected. This is particularly striking, giving that the range of such products is widening and the urgency to effectively manage the storage and disposal of fake... Continue reading