The IPKat BLOG – Page 208

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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2020/08/never-too-late-if-you-missed-ipkat-last.html It is a new month, which calls for some form of celebration! If you have nothing yet planned, you can indulge in the mouth-watering articles below… Reading and laying in the sun…can this day get any better?! PATENTS Inventiveness of an expandable hose might not be so obvious in... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2020/08/around-ip-blogs.html Although the IP developments came to a summer halt, we still have an overview of some interesting posts (mostly about patents) to share with our readers. A different kind of cat Patents In the on-going context of Covid-19, the SpicyIP blog analyses the relevance of Art. 73(b) TRIPS, granting... Continue reading
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The extended but not unlimited protection of trade marks with a repute: Hugo Boss loses battle against ‘BOSS SHOT’ due to the difference between goods at issue

http://ipkitten.blogspot.com/2020/07/the-extended-but-not-unlimited.html In an decision delivered earlier this month concerning an opposition filed by Hugo Boss, which owns the mark ‘BOSS’, the EUIPO Second Board of Appeal acknowledged that – despite the similarity of the marks in question – the required ‘link’ under Article 8(5) of the EU Trade Mark Regulation... Continue reading
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[Guest Post] Warming Up: The Legality Issue of Fan Fiction Is Back on Appeal in Mainland China

http://ipkitten.blogspot.com/2020/07/guest-post-warming-up-legality-issue-of.html The IPKat is delighted to receive a guest post by Xi Lin (PhD candidate in IP law at Maastricht University) commenting on Jin Yong v Jiang Nan. It was the first fan fiction case in China, in which the legal status of unlicensed fan work was tested in court.... Continue reading
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TikTok signs copyright licensing agreements with music publishers

http://ipkitten.blogspot.com/2020/07/tiktok-signs-copyright-licensing.html Social media platform TikTok has caused anarchy in the music industry – on the one hand, it is pushing music up the charts but on the hand, it has been in a year long disagreements with industry representatives about copyright. However, TikTok has now signed a copyright licensing agreement... Continue reading
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[Event report] INTA’s first online conference. Brands in Society: Their Influence and Responsibility (Day 2)

http://ipkitten.blogspot.com/2020/07/event-report-intas-first-online_28.html Here is the report on the second day of INTA’s online conference, Brands in Society: Their Influence and Responsibility. Review here the post on the first day of the event. Opening remarks and keynote Signe Naeve (Starbucks) and Pieter van den Bulck (AB InBev) co-chaired the session, in which... Continue reading
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European Council authorises signature of the EU-China agreement on geographical indications

http://ipkitten.blogspot.com/2020/07/european-council-authorises-signature.html On 20 July 2020, the European Council announced its decision on the agreement between the EU and China on Geographical Indications (GIs). Mr Wang Wenbin, spokesperson of the Ministry of Foreign Affairs, welcomed the European Council’s decision two days later in the regular press conference and stated that China... Continue reading
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EUIPO Fourth Board of Appeal says that “LEGNOLAND” for Class 28 goods is confusingly similar to “LEGO” and “LEGOLAND”

http://ipkitten.blogspot.com/2020/07/euipo-fourth-board-of-appeal-says-that.html In a recent decision, the EUIPO Fourth Board of appeal did not consider it relevant that the public might understand the contested figurative mark as meaning “land of wood” (“legno” in Italian means “wood”) and that the message conveyed to consumers would be that the goods sold under the... Continue reading
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The AG Opinion in YouTube/Cyando: a regressive interpretation of the right of communication to the public

http://ipkitten.blogspot.com/2020/07/the-ag-opinion-in-youtubecyando.html AG Saugmandsgaard Øe A few days ago, The IPKat reported on Advocate General (AG) Saugmandsgaard Øe’s Opinion in Joined Cases C-682/18 YouTube and C-683/18 Cyando. When the Court of Justice of the European Union (CJEU) issues its judgment, it will have the opportunity to determine: Whether user-uploaded content (UUC)... Continue reading
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Academic spotlight (II): Borghetti, Nikolic and Petit on FRAND licensing levels

http://ipkitten.blogspot.com/2020/07/academic-spotlight-ii-borghetti-nikolic.html The second post in this academic spotlight miniseries [see here for part I on NPE activity] is on a study by Jean-Sébastien Borghetti, Igor Nikolic and Nicolas Petit, entitled ‘FRAND licensing levels under EU law‘ [here]. This paper was discussed in a webinar hosted by 4IPCouncil called FRAND licensing... Continue reading