The IPKat BLOG – Page 278

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AG Pitruzzella advises CJEU to rule that proprietor of trade mark revoked for non-use can seek compensation for infringing acts committed prior to revocation

http://ipkitten.blogspot.com/2019/09/ag-pitruzzella-advises-cjeu-to-rule.html Is it possible to award compensation to a trade mark holder who has never exploited their trade marks and whose rights were revoked, in the context of an action for infringement of that trade mark by third parties? This, in a nutshell, is the subject of the referral to... Continue reading
In: The IPKat BLOG

AIPPI Congress Report 4: Copyright in AI generated works

http://ipkitten.blogspot.com/2019/09/aippi-congress-report-4-copyright-in-ai.html Does and should copyright vest in works created solely by Artificial Intelligence (AI)? This is the very issue discussed in this fourth report [previous reports here, here and here] from the 2019 AIPPI World Congress. Toby Bond (Bird & Bird) reports: AIPPI Congress Report: Copyright in AI generated works by Toby... Continue reading
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[Guest Post] IP Education Series #1

http://ipkitten.blogspot.com/2019/09/guest-post-ip-education-series-1.html Following the introduction last week, the first post in the IP Education Series is kicking off with a post from Claire Howell! Do remember, if you have successfully implemented or been the recipient of a successfully implemented IP Education Initiative, please feel free to contribute to the discussion! (We’re looking for... Continue reading
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New CJEU referral on right of communication to the public … this time on seeding and de minimis threshold

http://ipkitten.blogspot.com/2019/09/new-cjeu-referral-on-right-of.html A different type of ‘seeding’ … The IPKat has just learned that a new referral on, inter alia, the interpretation of Article 3(1) of the InfoSoc Directive has just been made to the Court of Justice of the European Union in relation to ‘seeding’. First of all: what is... Continue reading
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There is No Such Thing as a Free Launch – CJEU Does Not Follow AG on Compensation for Wrongful PI

http://ipkitten.blogspot.com/2019/09/there-is-no-such-thing-as-free-launch.html On 12 September 2019, the Court of Justice handed down its (at least among patent litigators) eagerly awaited ruling (case C-688/17, not yet available in English) on a core principle of damages under Art. 9(7) of the Enforcement Directive for a wrongly-issued preliminary injunction. The AG Opinion can be... Continue reading
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Guest Post: UK IPO Annual IP crime and enforcement report for 2018-2019

http://ipkitten.blogspot.com/2019/09/guest-post-uk-ipo-annual-ip-crime-and.html The UK Intellectual Property Office resealed its Annual IP crime and enforcement report for 2018 to 2019 earlier this month and Jake Campbell, an in-house IP media and lawyer, provides his review of the report: Earlier this month, the UK Intellectual Property Office published its latest IP Crime Report,... Continue reading
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BREAKING: CJEU rules that in right to be forgotten cases a search engine cannot be ordered to undertake global delisting (but needs to delist EU-wide and undertake some geo-blocking)

http://ipkitten.blogspot.com/2019/09/breaking-cjeu-rules-that-in-right-to-be.html In 2014, the Court of Justice of the European Union (CJEU) acknowledged the existence of a ‘right to be forgotten’, or a ‘right to be delisted’ from a search engine’s results, upon fulfilment of certain conditions. But on what scale must such delisting be made? This was the key... Continue reading
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Guest Post: Copyright Troll-[ing] Canadian Courts? Canada’s First Reverse Class Action Copyright Case

http://ipkitten.blogspot.com/2019/09/guest-post-copyright-troll-ing-canadian.html This Kat was very intrigued to hear about Canada’s first reverse class action copyright case brought by film production companies against a class of a unidentified and potentially unlimited number of Canadians for copyright infringement. She is delighted that Kristianne C. Anor and Sanjit Rajayer are able to provide this detailed explanation... Continue reading
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Zervos v Picasso, or copyright v droit d’auteur

http://ipkitten.blogspot.com/2019/09/zervos-v-picasso-or-copyright-v-droit.html Whilst most readers are likely familiar with the work of Pablo Picasso, the same might not be true for the work of someone who closely worked with and catalogued Picasso’s impressive wealth of artworks. Zervos was a Greek-French art historian, critic, collector and publisher who founded the magazine Cahiers... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2019/09/monday-miscellany_23.html As we jump back into another exciting week, here are some interesting events, writing opportunities, and potential jobs (as a judge, no less!)! Events – The IPKat is constantly on the lookoutfor interesting opportunities! Intellectual Property Law Reading Group – King’s College LondonPhD candidates Nazanin Aslani and Jingwen Guo... Continue reading