Geek: #NeverTooLate

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الثلاثاء، 23 أغسطس 2016

Never Too Late: If you missed the IPKat last week

Did the last week of IPKat pass you by? Here is the 110th edition of Never Too Late with what you missed.

* Life after Cartier: The future of blocking injunctions – Simmons & Simmons Rapid Response EventKatfriend Jonathan Sharples looks back at our rapid response event discussing the Cartier decision and the availability of blocking injunctions to prevent trade mark infringement.

* Article 8(3) of the InfoSoc Directive mandates a substantive change, says Irish Court of Appeal

The InfoSoc Directive was found to introduce changes allowing graduated response systems as a form of injunction - independently of a finding of their liability, said Hogan J in Sony Music Entertainment Ireland Ltd & Ors v UPC Communications Ireland Ltd. Eleonora Rosati explains the judgment and its place in the context of EU law.

* Wednesday Whimsies

New EUIPO research on infringing business models, ITMA's Autumn seminar, UNION-IP events and more...

* Court Fees - Do you know what to pay?

Andy Lee brings us an example of paying non-monetary issue fees (in relation to infringement) in practice, in this guest post.

* Bad and Good News for Bio-Pharmaceutical Patenting in the United States

The US Supreme Court refused to review a big case concerning patentability of a diagnostic method - but on the bright side the US Court of Appeals for the Federal Circuit may have just cleared up some uncertainty to the Alice/Mayo test. Mike Mireles explains all.

* After the split: so is it HP, Hewlett Packard, Hewlett Packard Enterprise or what?

Neil Wilkof ponders the legacy of brands following a corporate split or acquisition.

PREVIOUSLY ON NEVER TOO LATE

Never too late 109 [week ending on Sunday 17 August] EPLAW mock trials | CJEU "flat rate" reimbursement of legal fees in C-57/15 | Transmission or retransmission? | Judgement in Actavis v ICOS | Collective management of copyright for images displayed by search engines | Corporates and #Rio2016 | Global branding

Never too late 108 [week ending on Sunday 10 August] Limerick Competition - the results | UK finally speaks out about the "facts" of IP post Brexit| Is "Deadwood really cluttering up trade mark registers? | Weekly roundup: Friday Fun

Never too late 106 [week ending on Sunday 24 July] | Innovation & IPRs in China & USA: Book Review | Paris Tribunal rejects request to filter 'torrent' searches on Bing | Red colour mark reinstated in Germany | Update on Napp v Dr Reddy & Sandoz Litgation | Patent jurisdiction tussle in Rhodia v Molycorp | Decision on ISP liability from Rome | Copyright in the Animal Kingdom

الجمعة، 19 أغسطس 2016

Never Too Late: If You Missed the IPKat Last Week #Nevertoolate

Uber and Netflix: The challenge of becoming a global brand

'Tell JK I'm still rolling, tell Russell I'm a brand'. Becoming a global brand isn't as easy as Tine Tempah makes it sound - in this article, Neil Wilkof considers the difficulties Uber and Netflix have faced in their efforts to expand into new territories.

Are companies allowed to tweet about #Rio2016?

Katfriend Oliver Löffel (Löffel Abrar) analyses the legal perils of tweeting using the hashtag #Rio2016 and explores how the position varies in different territories.

Compulsory collective management of copyright for images displayed by search engines: a French cultural exception to EU law

Katfriend Olivia Klimis and Nicolas Lescot (De Gaulle Fleurance & Associés) take a look at new provisions in the French Intellectual Property Code (IPC) that regulate the publication of a plastic, graphic or photographic work by an online communication service. Do the new provisions comply with EU law? The post picks up where Eleonora Rosati left off in her post on the 2012 French legislation that allows and regulates the digital exploitation of out-of-print 20th century books

BREAKING: Puns at the ready, Mr Justice Birss delivers epic CIALIS judgment

At an eye watering 113 pages consisting of 491 paragraphs, Justice Birss's decision in Actavis v ICOS [2016] EWHC 1955 is recommended beach reading for those ready to jet off the south of France for their August holidays.

Norwegian Supreme Court: no "retransmission" without "transmission"

The Supreme Court of Norway has ruled that a TV cable distributor was not retransmitting broadcasts when it received content via an encrypted fibre connection and proceeded to broadcast it to the public. Ellie Wilson brings you the story.

CJEU: "Flat-rate" reimbursement for legal fees must cover a significant part of the costs incurred by the successful party

In Case C-57/15 United Video Properties, the CJEU held that while Article 14 Enforcement Directive does not prohibit flat-rate reimbursement of legal costs per se, it sets limits on how Member States can set the flat-rate. Namely, the costs to be reimbursed by the unsuccessful party must be "proportionate", which means that they must cover "at the very least, a significant and appropriate part of the reasonable costs actually incurred by the successful party". Mark Schweizer explores how this ties in with the UPC's proposed ceilings on recoverable costs.

Gathering evidence in patent proceedings? EPLAW's Europe/Japan mock trials may be what you need

September seems to be the month of mock trials, with at least three in the works as far as the AmeriKat is aware. An exciting mock dealing with the new world of biosimilars litigation will be entertaining the lucky attendees at this year's AIPPI's World Congress in Milan (more details to come). Only a few days later on 23 September 2016 in Paris, not one but four Mock Trials will be heard before Judges Shitara, Girardet, Grabinski and Hacon, respectively. Each hearing will address the topic close to any patent litigator's heart - gathering evidence in patent proceedings. The AmeriKat brings you the details.

Never too late 105 [week ending on Sunday 17 July] High Court rejects Seretide combination colour mark in Glaxo v Sandos | Conference report: Should you arbitrate FRAND terms? | Friday Foghorn, including UK IPO invitation for IP valuation research bids

الاثنين، 8 أغسطس 2016

Never Too Late: if you missed the IPKat last week

No more worries - for a week or two...

Did you take a summer holiday from the last week of IPKat? Here is the 108th edition of Never Too Late wishing you were here!

* The Limerick Competition - the Results!

There once was a Kat who liked rhyming,

But never could master the timing,

Invited submissions

For special editions

And discovered some poets a-climbing.

Congratulations to John Boumphrey for his winning entry!

* UK IPO finally speaks about the "facts" of IP post-Brexit

The Intellectual Property Office responds to Brexit, highlighting that EU-derived protection is still in place while the UK remains a Member of the EU, and that the UK is looking into various post-Brexit options. Annsley Merrelle Ward reports on the new guide with a little help from Merpel.

* When its comes to "deadwood", leave it in the State of South Dakota and out of Trademark Office policy

Is unused "deadwood"really cluttering up trade mark registers? Neil Wilkof explains why deadwood may not be such a problem, unless you are a legendary 19th century rascal.

* Friday Fun

Internkat Ellie Wilson brings us a weekly roundup, including the new MIP European Patent Reform Forum, and University of New Hampshire's search for a new Dean.

PREVIOUSLY ON NEVER TOO LATE

Never too late 104 [week ending on Sunday 10 July] e-Sport in the French Digital Republic Bill | Aspartame is back -- and is Pepsi playing by a new branding playbook| The USPTO moves to clear "Trademark Deadwood" | Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases | An opportunity for IP scholars seeking future careers | CJEU says that operators of physical marketplaces may be forced to stop trade mark infringements of market-traders | Book review: the law and practice of trade mark transactions | Own name defence in Singapore| Cartier rapid response event | AG Wathelet on out of print books | Maccoffee: McDonalds not loving it

الاثنين، 25 يوليو 2016

Never Too Late: If you missed the IPKat this week

IPKat keeps it cool

Were you away and missed the last week of the IPKat? Never Too Late 106 is here to bring you what you missed.

* Copyright in the Animal Kingdom

Internkat looks back on Heythrop v CAPS. Should animals be able to own copyright?

* Rome Court of First instance confirms once again that takedown requests do not need to include URLs

Eleonora Rosati presents the latest decision concerning ISP liability from the Rome Court of First Instance, ruling that Megavideo can be regarded as a hosting provider.

* Mr Justice Arnold rejects bid to hear infringement of German designation in Rhodia v Molycorp patent jurisdiction tussle

Amerikat Annesley Merelle Ward explains why Mr Justice Arnold rejected a claim to consider infringement of a German designation in Rhodia v Molycorp. To maintain English courts' jurisdiction, claimants need to let go of foreign validity challenges.

* Quia timet, de minimis and Novartis v Hospira: Mr Justice Arnold speeds through Napp v Dr Reddy pain dispute

Katfriend Amy Crouch brings us the two decisions and developments in the Napp v Dr Reddy's and Sandoz litigation.

* Federal Court of Justice greenlights colour mark red

Mark Schweizer presents Germany's Federal Court of Justice (BGH) decision to uphold a contourless red colour mark, overruling the German Federal Patent Court's decision to cancel the registration.

* Paris Tribunal de Grande Instance rejects request to filter 'torrent' searches on Bing

The Tribunal de Grande Instance (TGI) rules that it is not possible to filter all search results for certain keywords.. "torrent" for instance. This would amount to a general surveillance measure and therefore not be an acceptable measure.

* Book Review: Innovation & IPRs in China & USA

Katonomist Nicola Searle is impressed by this book edited by Kung-Chung Liu and Uday S. Racherla., particularly the empirical analyis modelling innovation and IPRs, and the use of diagrams and figures.

PREVIOUSLY ON NEVER TOO LATE

http://pinkberrylicious.blogspot.com /2016/07/never-too-late-if-you-missed-ipkat-last.html" target="_blank">Never too late 103 [week ending on Sunday 3 July] | Publicity Rights v First Amendment | EU Trade marks Article 28 Declarations | Non-EU UK in the UPC? | Book review: IP Strategy, Valuation and Damages | Brexit and Copyright | In memoriam of David Goldring | Openness, innovation and patents

http://pinkberrylicious.blogspot.com /2016/06/never-too-late-if-you-missed-ipkat-last_21.html" target="_blank">Never too late 101 [week ending on Sunday 19 June] Procedure to remove EPO Board Member ends abruptly | Trade mark "bully" | EU Trade Secrets Directive | Cannibalism, Branding and Market Segmentation | A-G Szpunar declares Rubik's Cube shape mark invalid | Apple and the podcast industry | IP Inclusive | Coke defends opposition to 'ZERO' marks

الاثنين، 11 يوليو 2016

Never Too Late: If you missed The IPKat last week

Did you miss the last week of IPKat and are you now feeling lost? Never fear, Never Too Late 104 is here.

* e-Sport in the French Digital Republic Bill

Katfriend Jean-Sébastien Mariez introduces the new draft regulation on e-Sport adopted by the French Parliament.

* Aspartame is back--and is Pepsi playing by a new branding playbook?

Neil Wilkof explains how brands like Pepsi walk the tightrope line between descriptive and distinctive marks in branding.

* The USPTO Moves to Clear "Trademark Deadwood"

New rules from the USPTO will require additional documentation to show that a mark is in fact in use. Mike Mireles explains the significance of the proposed changes and implications for the US.

* BREAKING: Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases

The Court of Appeal upheld the decision of Arnold J, confirming that blocking injunctions are available against intermediaries in trade mark cases. This case will be discussed at our rapid response event on 28 July with Simmons & Simmons.

* An opportunity for IP scholars seeking future careers

The Tilburg Institute for Law, Technology, and Society (TILS) invites IP scholars to apply for MSCA (Marie Skłodowska-Curie Actions) individual fellowships - the deadline is 14 September.

* BREAKING: CJEU says that operators of physical marketplaces may be forced to stop trade mark infringements of market-traders

The CJEU in Tommy Hilfiger Licensing v Delta considered that an operator providing a service to third parties relating to the letting or subletting of pitches in a marketplace must be classified as an ‘intermediary’ and can be required to prevent infringements, as Eleonora Rosati explains.

* Book Review: The law and practice of trademark transactions - A global and local outlook

This book has done well to cover a range of practical topics, writes Emma Perot - the sections dedicated to trade mark transactions in Europe being particularly topical currently.

* "Own Name" defence in Singapore--when "honest practices" does the heavy lifting

Katfriend Aaron Thng reports a recent case in Singapore which accepted that the "own name" defence is available to a corporation, contrary to the position in the EU (although the defence was not successful).

* Cartier rapid response event on 28 July: come join us!

Join us for a rapid response event to the Cartier decision upholding the validity of blocking injunctions against ISPs. You can register here.

* AG Wathelet advises CJEU to hold French law on out-of-print books incompatible with EU law

Amendments to the French IP code allowing collecting societies to authorise the digital exploitation of out-of-print books are not compatible with the Info Soc Directive, according to AG Wathelet's Opinion.

* MACCOFFEE? We're not lovin' it, says General Court

The CJEU upholds a decision to cancel a 'MACCOFFEE' trade mark on the basis that it was highly likely to be riding on the coat tails of McDonald's' marks. Nick Smallwood brings us this case.

PREVIOUSLY ON NEVER TOO LATE

http://pinkberrylicious.blogspot.com /2016/07/never-too-late-if-you-missed-ipkat-last.html" target="_blank">Never too late 103 [week ending on Sunday 3 July] Publicity Rights v First Amendment | EU Trade marks Article 28 Declarations | Non-EU UK in the UPC? | Book review: IP Strategy, Valuation and Damages | Brexit and Copyright | In memoriam of David Goldring | Openness, innovation and patents

Never too late 102 [week ending on Sunday 26 June] | Neighbouring rights for publishers | US Supreme Court makes it easier to obtain patent enhanced damages | US Supreme Court in Halo and Kirtsaeng makes IP victory sweeter for successful parties | Enlarged Board publishes decision: EPO President violated judicial independence | Dear Europe... UK leaves the EU | Dear UK...

http://pinkberrylicious.blogspot.com /2016/06/never-too-late-if-you-missed-ipkat-last_21.html" target="_blank">Never too late 101 [week ending on Sunday 19 June] Procedure to remove EPO Board Member ends abruptly | Trade mark "bully" | EU Trade Secrets Directive | Cannibalism, Branding and Market Segmentation | A-G Szpunar declares Rubik's Cube shape mark invalid | Apple and the podcast industry | IP Inclusive | Coke defends opposition to 'ZERO' marks

Never too late 100 [week ending on Sunday 12 June] 5G wireless technology | European Commission Update: Revised SPC tender now open | CJEU considers implemetation of the private copying exception | CJEU gives guidance for communication to the public cases | Google's fair use defence succeeds against Oracle | The state of patent valuation | EPO's plans to restrict post-service employment | Tuesday tiddlywinks (pirates and cake)| Is obscurity a greater threat than piracy? | Justice Slade delivers judgement in Arthur J Gallagher Services v Skriptchenko