The IPKat BLOG – Page 282

In: The IPKat BLOG

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
In: The IPKat BLOG

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
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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
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Can Africa’s trade agreements handle regional integration?

http://ipkitten.blogspot.com/2019/09/can-africas-trade-agreements-handle.html On 31st May 2019, the Commission of the Economic Community of West African States (ECOWAS) launched its Regional Competition Authority – the ECOWAS Regional Competition Authority (ERCA). The ERCA was established to implement the Regional Competition Rules adopted by the ECOWAS Authority in 2008 to promote inter alia regional... Continue reading
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International jurisdiction in online EU infringement cases: CJEU rules that targeting may serve establish jurisdiction

http://ipkitten.blogspot.com/2019/09/international-jurisdiction-in-online-eu.html Will this Kat be competent to judge? When it comes to determining international jurisdiction in proceedings resulting from the alleged online infringement of an EU trade mark, where is the place of infringement, as per Article 97(5) of the 2009 EU Trade Mark Regulation (EUTMR, now Article 125(5) of... Continue reading
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Commons Clause in open source licences: business necessity or betrayal of software freedom?

http://ipkitten.blogspot.com/2019/09/commons-clause-in-open-source-licences.html Accommodation of new business models and technological advances has fundamentally disrupted the open source industry. Unlike on-prem solutions, which are installed in a user environment, cloud-based software remains hosted on the vendor’s servers and is accessed by users through a web browser. Because cloud-based offerings do not involve software... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2019/09/around-ip-blogs.html Here are the greatest catches from IPKat’s latest hunting trip around the blogs. Copyright The IP Watchdog wrote about how the Katy Perry decision demonstrates that American copyright law is “out of tune in several ways”. Katy Perry is a pop star who, in her smash hit “Dark Horse”,... Continue reading
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The facepalm trade mark case in China

http://ipkitten.blogspot.com/2019/09/the-facepalm-trade-mark-case-in-china.html The One Emoji We All Need This Kat instantly liked the facepalm emoji when it was first released in 2016. It felt like some hidden inner voice was speaking out, echoing in her own ears. It had been something that had been missing for some time – an expression... Continue reading
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The three Rs of legitimate expectation: Recognizability, recoverability and responsibility (T 0703/19)

http://ipkitten.blogspot.com/2019/09/the-three-rs-of-legitimate-expectation.html The Enlarged Board of Appeal (EBA) recently dealt thoroughly with the thorny issue of the consequences of appeal fee payment after the deadline for filing an appeal (G 1/18, IPKat post here). Readers with an enthusiasm for the legal intricacies surrounding appeal filings, may also be interested in a... Continue reading
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Book Review: Online Distribution of Content in the EU

http://ipkitten.blogspot.com/2019/09/book-review-online-distribution-of.html Online Distribution of Content in the EU is a collection of chapters examining the current issues raised by online distribution of content in the EU, edited by Taina Pihlajarinne, Juha Vesala and Olli Honkkila, from the University of Helsinki in Finland. Ranging from copyright infringement, copyright enforcement, competition and consumer... Continue reading