In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/case-number-and-official-translation-of.html Earlier this Fall, the Swedish Patents and Market Court of Appeal asked the Court of Justice of the European Union (CJEU) to clarify the concept of “public” within the meaning of Article 3 and 4 of InfoSoc Directive [see here]. The background to this reference concerns two parties that... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/book-review-internet-intermediaries-and.html As underlined by Prof Graeme B Dinwoodie in his Foreword, while the interplay between internet intermediaries and copyright has received specific attention from scholars, the interplay between internet intermediaries and trade marks has so far received less attention. Internet Intermediaries and Trade Mark Rights by Althaf Marsoof aims to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/the-fruits-of-forbidden-tree-ag-opinion.html Although Regulation (2100/94/EC) on Plant Variety Rights (“PVR Regulation”) is one of the oldest pieces of EU IP law still in force, it has not been often explored by the Court of Justice. This may help explain why a question of a rather fundamental nature is currently before the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/ag-kokott-provides-insights-on.html Earlier this month, Advocate General (AG) Kokott handed down her Opinion in T-766/18 P, providing some indications regarding the distinctive character of collective and geographical collective trade marks and their interplay with geographical indications (GIs). Background On 17 July 2014, the Commission received the official application for the registration of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/never-too-late_27.html The IPKat brings exciting new posts every week. If you missed the most recent posts, it is never too late to catch up! Patents In ‘When is the “text-intended for grant” not intended for grant?‘ , Rose Hughes reports on the decision of the Board of Appeal of the EPO... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/book-review-translation-accuracy-and_26.html Disclosure? Dissemination? Accuracy? Why is translation so important to patent law? In Translation Accuracy and Dissemination of Disclosure of Patent Information: An Analysis of Translation and its Influence on Patent Law, Dr. Aline Larroyed offers a comprehensive approach to the influence of translation in patent law. Specifically, it provides answers... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/event-report-tertulia-on-euipo-boards.html Earlier this week, this GuestKat was fortunate enough to attend the Tertulia on EUIPO Boards of Appeal Case Law at the EUIPO Liaison Office in Brussels. After an introduction by Mr Théophile Margellos, President of the Boards of Appeal, the Tertulia started with a presentation by Mr Gordon Humphreys,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/how-and-where-may-implementers-sue-for.html Earlier this week, the England & Wales High Court (Hacon J) handed down its decision in Vestel Elektronik Sanayi v. HEVC Advance LLC, [2019] EWHC 2766 (Ch). The case raises the interesting issue whether an implementer can sue for a FRAND licence, and if so, what would be the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/general-court-confirms-cancellation-of.html Did you think that the Rubik’s Cube EU trade mark saga was over? Of course not. Further to the 2016 judgment (C-30/15 P) of the Court of Justice of the European Union (CJEU) [Katpost here] and the return of the case to the EUIPO, yesterday the General Court (GC) issued... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/a-twist-with-apologies-to-chubby.html Kat friend Fredy Sánchez Merino reports on an interesting case from Colombia regarding communication to the public when public transportation is involved. Can the use of audiovisual works in public transportation be considered an act of communication to the public, such that a collecting society may demand the payment... Continue reading
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