The IPKat BLOG – Page 266

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Is article 3 (a) of the Regulation (EC) 469/2009 disappearing into the mist, or is clarity round the corner?

http://ipkitten.blogspot.com/2019/09/is-article-3-of-regulation-ec-4692009.html The interpretation of article 3 (a) of the Regulation (EC) 469/2009 concerning the Supplementary Protection Certificates for medicinal products (the “SPC Regulation”), has been in the center of attention for courts (including the CJEU) and for SPC enthusiasts alike. The recent AG Opinion in C- 650/17 (Royalty Pharma) and... Continue reading
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[Guest Post] Introduction to the IP Education Series

http://ipkitten.blogspot.com/2019/09/guest-post-introduction-to-ip-education.html The IPKat is excited to welcome the following series of blog posts on IP Education initiatives. We’re kicking off the series with an introduction from Ruth Soetendorp, providing a flavour of the upcoming posts and where we’re looking for your participation and feedback. Without further ado, it’s over to... Continue reading
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IPEC refers unregistered design questions to CJEU

http://ipkitten.blogspot.com/2019/09/ipec-refers-unregistered-design.html His Honour Judge Hacon has referred to the CJEU two important questions of unregistered Community design (UCD) law. In Beverly Hills Teddy Bear Company v PMS International Group plc [2019] EWHC 2419 (IPEC), the Claimant (BHTB) seeks to enforce its registered Community designs, UCDs and copyright in design drawings in... Continue reading
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New paper: What does the European Commission make of the EU copyright acquis when it pleads before the CJEU? The Legal Service’s Observations in digital/online cases

http://ipkitten.blogspot.com/2019/09/new-paper-what-does-european-commission.html What happens behind the scenes? In the IP field, the role of the Court of Justice of the European Union (CJEU) has gained increasing centrality over time. In certain instances, the Court has even pushed harmonization beyond the very wording of relevant EU directives and contributed substantially to shaping... Continue reading
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The Cofemel decision well beyond the ‘simple’ issue of designs and copyright

http://ipkitten.blogspot.com/2019/09/the-cofemel-decision-well-beyond-simple.html G-Star Elwood,a style of jeans that G-Star claimsCofemel to have copiedin the background Portuguese proceedings As announced on The IPKat, last week the Court of Justice of the European Union (CJEU) issued its much awaited judgment in Cofemel, C-683/17 [not yet available in English]. It ruled that, as far as designs... Continue reading
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Who owns copyright in Uganda’s National Anthem?

http://ipkitten.blogspot.com/2019/09/who-owns-copyright-in-ugandas-national.html Between the Ugandan government, which organised a contest for the composition of the national anthem and the late Professor Goerge Kokoma who composed the winning entry adopted as the national anthem, who owns copyright in the Ugandan national anthem? This is the principal question that the Ugandan Court of... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/09/never-too-late-if-you-missed-ipkat-last_17.html The past week brought several notable CJEU decisions as well as an abundance of other interesting articles – if you missed it, you can catch up on all of the posts of the Kats in this edition of Never Too Late! Copyright –Several breaking news articles on recent CJEU rulings and... Continue reading
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Huawei makes a surprising announcement, or, the changing role of patents in the global economy

http://ipkitten.blogspot.com/2019/09/huawei-makes-surprising-announcement-or.html Last week, The Economist published a report of an interview it held with Mr Ren Zhengfei, CEO of Chinese telecoms giant Huawei. The report contained a surprising announcement: Huawei is apparently willing to sell its 5G technology to a Western buyer. “For a one time fee“, says the report,... Continue reading
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CJEU says that all practically significant and demonstrated uses must be taken into account in examining distinctiveness

http://ipkitten.blogspot.com/2019/09/cjeu-says-that-all-practically.html To what extent must the unusual use of a sign be considered by the competent authority in the examination of the distinctive character of such sign? This is the question the Court of Justice of the European Union (CJEU) had to answer in case C-541/18. Background AS applied to... Continue reading
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ATRIP Conference in Nashville and an interesting proposal for public health.

http://ipkitten.blogspot.com/2019/09/atrip-conference-in-nashville-and.html This Kat came just back from Nashville Tennessee and the annual ATRIP (Association for the Advancement of Teaching and Research in Intellectual Property Rights) conference. It was a very well- organized conference, with particular attention to the very interesting academic programme as well as to practical details by Professor... Continue reading