The IPKat BLOG – Page 268

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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.html If you’ve been away catching the last rays of summer, fear not: here are the latest stories from The IPKat. Ginger is in Ibiza and couldn’t stop talking about the EUIPOphoto credit: @Zuntic, Youtube Copyright Guest correspondent Tyrone Berger reported on a potentially path-breaking initiative from Australia that impacts anti-competitive conduct,... Continue reading
In: The IPKat BLOG

What’s in a name? General Court rules conceptual comparison of names normally not possible

http://ipkitten.blogspot.com/2019/09/whats-in-name-general-court-rules.html As we eagerly await the Advocate General’s opinion in Sky and others [Merpel wonders what could have happened that the announced publication date was missed?], the General Court (GC) has rendered an interesting decision on conceptual comparisons in trade mark cases where both signs are names [here]. The... Continue reading
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AG Szpunar advises CJEU to rule that internet downloads of ebooks are covered by right of communication to the public, not distribution (so, no, there is no digital exhaustion under InfoSoc Directive)

http://ipkitten.blogspot.com/2019/09/ag-szpunar-advises-cjeu-to-rule-that.html Is it possible or not to create second-hand digital marketplaces for, say, audio and ebooks, digital music, games, etc? This is the question at the heart of the referral to the Court of Justice of the European Union (CJEU) in Tom Kabinet, C-263/18 [here]. As readers know, the CJEU has... Continue reading
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Tuesday Thingies

http://ipkitten.blogspot.com/2019/09/tuesday-thingies.html The IPKat has a delectable feast of KatFood for your autumn social calendar. A clowder of conferencing IPKatsphoto credit: The Atlantic Events Fashion Law London – The Autumn/Winter Review Readers might remember a few months ago PermaKat Eleonora Rosati organized a 1-day fashion law course with former GuestKat Rosie... Continue reading
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Anne Black copyright dispute – originality: how low can you go?

http://ipkitten.blogspot.com/2019/09/anne-black-copyright-dispute.html The IPKat is delighted to welcome this first guest contribution from Hanne Kirk of Gorrissen Federspiel, Aarhus (Denmark): In June 2019, the Danish Maritime and Commercial High Court gave a landmark decision – at least from a Danish point of view – concerning the question of originality in the... Continue reading
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Book Review: Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

http://ipkitten.blogspot.com/2019/09/book-review-regulating-hosting-isps.html After readers about YouTube’s change in copyright policy, readers might be wondering more about the responsibilities of hosting platforms. This book, Regulating Hosting ISPs’ Responsibilities for Copyright Infringement: The Freedom to Operate in the US, EU and China by Jie Wang is about exactly that. These questions of when an... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2019/09/around-ip-blogs_9.html September marks the beginning of the academic year and an official end to the summer break. To get you back into things, here is a summary what has been going on in the IP blogosphere over the past week! September, here we go again! Patents The Kluwer Patent Blog... Continue reading
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Swedish Patents and Market Court of Appeal requests CJEU to clarify concept of “public” in new CJEU reference

http://ipkitten.blogspot.com/2019/09/swedish-patents-and-market-court-of.html Readers may know that the InfoSoc Directive does not expressly define the concept of “public”: it may not be clear whether that concept should be given a uniform interpretation within the framework of this piece of legislation. Could that concept of “public” be different when it relates to an... Continue reading
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Drake sued for copyright infringement of a beat

http://ipkitten.blogspot.com/2019/09/drake-sued-for-copyright-infringement.html The aftermath of Blurred Lines continues, from Ed Sheeran, to Katy Perry, and now Drake is being sued for a beat…however, this case is slightly different in that Drake is accused of sampling without a licence, not copying a substantial part by recreating. Started from the Bottom Now We’re Here with the... Continue reading
In: The IPKat BLOG

Has the EU lost its way on gene-editing?

http://ipkitten.blogspot.com/2019/09/has-eu-lost-its-way-on-gene-editing.html A year ago, this Kat reported on the surprise ruling by the CJEU that organisms obtained by gene-editing should be considered genetically modified organisms (GMOs). The consequence of this ruling was that gene-edited food products became subject to the stringent regulatory requirements laid down by the GMO Directive (Directive 2001/18/EC)... Continue reading