Around the IP Blogs

… And just like that, September is over! In this jumbo edition of Around the Blogs, we take a look at some interesting stories from the IP blogosphere at the end of last month.

Patents

Oh Canada! Patent law changes are coming to Canada on October 30th, and IPWatchdog reported on a few “traps” that practitioners should be aware of.

PatentlyO unpacked the Curver Luxembourg, SARL v Home Expressions Inc. decision from the U.S. Federal Circuit, which rejected patenting designs “in the abstract”. The court affirmed the dismissal of a design patent case that involved an ornamental pattern designed for use on a chair that has been used by a manufacturer of baskets.

Preliminary injunctions in patent matters require the applicant to show that they would suffer an irreparable disadvantage if the requested preliminary injunction was not granted. In certain jurisdictions, this is only necessary in even more specific circumstances – only if an injunction is to be issued without the other party being heard (ex parte measures). For Switzerland, where ex parte proceedings are rare and only granted in certain situations, the question of irreplaceable harm arose in 2 recent cases, which the Kluwer Patent Blog reports on.

IPWatchdog examines patent eligibility in the U.S., where it was recently determined that novelty or non-obviousness did not impact whether a patent could be registered. This marks one of several unusual decisions by the Federal Circuit which have caused some confusion over common standards of patent eligibility.

IPWatchdog also looks at the recently published WIPO paper on AI, which discusses the increasing number of patent applications made on the basis of automaton knowledge.

Copyright

“Brazil, visit and love us” is a new slogan launched by the Brazilian Tourism Institute. However, as IPTango reports, it has been criticised for, among other things, copyright infringement.

The 1709 Blog rounded up some recent high profile cases in art and entertainment, included a Grease spoof, Picasso works and fitness firm Peloton.

The Kluwer Copyright Blog reported on the Series Yonkis case in Spain, which left right owners unsatisfied when the infringing parties were not held to not be subject to fines and prison sentences for their infringement, as the 2015 reform to the Spanish Civil Code did not apply retrospectively. The case revolved around several websites which provided links to popular films and series.

Trade Marks

The Kluwer Trademark Blog wrote about the CJEU “Viridis” decision, which held that clinical trails may constitute trade mark use, and there is no justification for non-use when they are not used. Many years often pass before a drug can be marketed, and the use and disuse of trade marks during this period can be problematic.

In Italy, a new category of marks has been introduced. ‘Historical marks’ are defined as marks registered or used continuously for a period of at least 50 years to market products or services “made by an Italian manufacturing company of excellence, which are historically connected to the Italian territory”. As examined by The Kluwer Trademark Blog.

The Chilean Intellectual Property Office and Pro Bono Foundation signed a cooperation agreement seeking to promote the “education and culture of industrial property protection.” One of their aims is to preserve and stimulate particular forms of traditional manufacturing products. More on IPTango.

IP and Investments
As central banks around the world seek lower interest rates, investors are forced to seek out alternative investment. Could a portfolio of patents be a viable investment option? IP Finance explores this question in the first of a two-part inquiry.