In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/lessons-in-legal-fudge-from-eba-in.html The Enlarged Board of Appeal (EBA) decision in G3/19 is a beautiful example of legal fudge. G3/19 brings to an end the see-sawing the EPO has experienced in recent years over the issue of the patentability of plants and animals produced by essentially biological processes. Since the EBA decision in G2/12 (Broccoli/Tomato II), the EBA/Board... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/monday-miscellany.html A new week is approaching! Here are some interesting IP events to keep you entertained this week. Looking at all the IP events! Conferences It is with regret that MARQUES has decided to cancel the 34th Annual Conference, due to be held in Stockholm, Sweden, from 22 to 25... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/never-too-late-if-you-missed-ipkat-last_17.html Need a reason to leave the bed? Copyright Eleonora Rosati looked at the role of live streaming providers as ‘online content sharing service providers’ under the DSM Directive. This issue is especially relevant in light of the coronavirus situation, when DJs from all over the world are performing their... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/around-ip-blogs_15.html This Kat is trying to avoid copyright liability Welcome to this week’s roundup of recent stories and commentary from around the IP blogosphere.PatentsGermany’s Federal Court of Justice handed down a potentially extremely significant judgment for SEP/FRAND in Europe, in the case of SISVEL v Haier. JUVE Patent explained the decision... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/breaking-eba-finds-plants-produced-by.html The Enlarged Board of Appeal (EBA) today issued their opinion in the controversial referral G3/19 (Pepper). The full text of the opinion can be read here. Contrary to what many predicted, the EBA not only found the referral admissible, but also changed their previous interpretation of Article 53(c) EPC... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/the-new-greek-trademark-law-read-all.html While most of us by the end of the March were already hunkering down in the face of Covid-19, the Greek parliament was putting the final touches on the new Greek Trademark Law. Kat friend, Marina Perraki, having mediated between her two cats, Tigrakis and Asproulis, while both were... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/guest-book-review-right-of-publicity.html Former Guest Kat Mathilde Pavis kindly provides a review of Jennifer Rothman, ‘The Right of Publicity: Privacy Reimagined for a Public World’. If you have always thought of the right of publicity as a blessing for the rich and famous: think again… and read Jennifer Rothman’s book. This book... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/waiting-for-constantin-hague-district.html Directive 2004/48/EC (the Enforcement Directive) allows rightsholders to obtain, from intermediaries, information concerning infringers. But what kind of information can be requested? The District Court of the Hague addressed the question in a recent decision, ruling inter alia on the compatibility of such a request with Regulation 2016/679 (the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/unclean-hands-accusations-in-south.html In 2018, Bayer Intellectual Property GmbH (“Bayer’) geared up for a battle against Villa Crop Protection (Pty) Ltd (“Villa Crop’) in the South African Patent Court. Bayer alleges that Villa Crop infringes its South African patent, ZA 2005/00230 (the 2005 patent). The 2005 patent claims spirotetramat, as an active... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/new-bgh-ruling-to-harmonize-frand-case.html About to enter a new FRAND-era? Time will tel! A six- year long legal dispute between Sisvel and Haier, concerning the question of injunctive relief for infringement of cellular Standard Essential Patents (SEPs) EP 0 852 885 (“885”), owned by Sisvel, has been brought to an end by the... Continue reading
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