The IPKat BLOG – Page 281

In: The IPKat BLOG

BREAKING: CJEU confirms that German press publishers’ right is unenforceable due to missed notification to the European Commission

http://ipkitten.blogspot.com/2019/09/breaking-cjeu-confirms-that-german.html Readers with an interest in related rights, especially those in favour of press publishers, will know not only that there is now an EU-wide right for press publishers (Article 15 of the DSM Directive), but will also remember that its national predecessor – ie the German related right in... Continue reading
In: The IPKat BLOG

Cannot Register “IGP” for Paint in Switzerland – because It Could Be a PGI

http://ipkitten.blogspot.com/2019/09/the-ipkat-cannot-register-igp-for-paint.html Kat readers familiar with geographical indications (GI) may primarily think of cheese, wine or bakery products when discussing this topic. One of the peculiarities of the (recently revised) Swiss legislation on protected designations of origin (PDO) and protected geographical indications (PGI) is the possibility to register a geographical indication... Continue reading
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Voice-overs, peer-to-peer recruitment platforms and IP rights: a survey of 200+ performers

http://ipkitten.blogspot.com/2019/09/voice-overs-peer-to-peer-recruitment.html This Kat has previously discussed the potential (negative) impact of online peer-to-peer recruitment platforms on intellectual property rights (see here and here). Remember peer-to-peer recruitment platforms? They are online platforms that operate like ‘Uber’. But instead of arranging taxi rides, they broker the commissioning of bespoke creative content, such... 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.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
In: The IPKat BLOG

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