The IPKat BLOG – Page 235

In: The IPKat BLOG

Bad faith grounds for invalidating EUTM containing Chinese characters

http://ipkitten.blogspot.com/2020/05/bad-faith-grounds-for-invalidating-eutm.html Kat friend Matej Michalec discusses a decision by EUIPO’s Cancellation Division, regarding bad faith in an invalidation action involving Chinese character marks, which merits particular attention. The famous Chinese writer Lu Xun is said to had expressed the view that “either the Chinese characters are abolished, or China perishes“.... Continue reading
In: The IPKat BLOG

Milan court rules against Antonio Marras over unauthorized use of howling wolf photograph

http://ipkitten.blogspot.com/2020/05/milan-court-rules-against-antonio.html Last month, the Milan Court of First Instance issued a decision (sentenza 2539/2020, available on darts-ip and already commented here) concerning the alleged infringement, by fashion house Antonio Marras, of copyright (both economic and moral rights) in the photograph below, which the latter had used without the photographer’s authorization... Continue reading
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Lessons in legal fudge from the EBA in Pepper (G3/19)

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
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Monday Miscellany

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
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Never Too Late: if you missed the IPKat last week

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
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Around the IP Blogs

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
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BREAKING: EBA finds plants produced by essentially biological processes are NOT patentable (G3/19)

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
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The new Greek Trademark Law: read all about it

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
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[Guest book review] ‘The Right of Publicity: Privacy Reimagined for a Public World’

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
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Waiting for Constantin: Hague District Court orders release of ISP user data, including e-mail addresses

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