Never Too Late: if you missed the IPKat last week

If you were too busy to catch up with the IPKat last week, never fear: your weekly round-up is here.

Copyright

GuestKat Nedim Malovic reported on the decision of the Court of Justice of the European Union in Stim and Sami (Case C-753/18), a case concerning whether offering motor vehicles equipped with radio receivers for hire constitutes a ‘communication to the public’.

Fellow GuestKat Peter Ling provided an overview of the very recent – and very significant – changes to Swiss copyright law.

In light of various musical copyright decisions considered recently on the blog, SpecialKat Hayleigh Bosher’s review of ‘The Unrealized Promise of the Next Great Copyright Act U.S. Copyright Policy for the 21st Century’, by Christopher S. Reed, was particularly interesting.

Patents

In a guest post, Katharina Foss-Solbrekk considered the live issue of orphan status for pharmaceuticals, in light of economic and accessibility concerns generated by the coronavirus.

On a similar COVID-19-related note, GuestKat Rose Hughes analysed a decision of the Board of Appeal as to the criteria for when all due care has been taken in stressful situations – a question which is now likely to be on many patent attorneys’ minds.

GuestKat Frantzeska Papadopoulou reviewed the recent 9th edition of the CIPA Guide to the Patents Act, deeming it clear, comprehensive, and up-to-date.

Trade Marks

Ian Gill authored a guest post analysing recent decisions of the Appointed Person, who forms an alternative, non-judicial appeal route to decisions of the UK Intellectual Property Office in trade mark and design cases.

GuestKat Alex Woolgar provided a happy update on a recent addition to the growing body of anti-Gleissner precedents, reporting on a successful invalidity action involving two marks which had been registered in bad faith.

Other

PermaKat Neil J. Wilkof assessed whether the ‘long tail’ theory of e-commerce has been borne out over the past two decades – i.e. the prediction that the increased availability of niche products would mean that consumers would be more likely to opt for them.

Merpel helpfully shared commentary, tips and resources on the implications for legal professionals of remote hearings, including reassurance from Mr Justice Birss.

Never Too Late 258 [Week ending March 29]:
US court rules that unlicensed reproduction of NBA players’ tattoos in their videogame avatars is not a copyright infringement | Allen v. Cooper – U.S. States Have Sovereign Immunity from Copyright Damages | [Guest post] ‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market | Stairway to Heaven: The impact of Zeppelin on Katy Perry’s copyright infringement case – overturned | China says ‘No’ to the malicious filing of Coronavirus-related trade marks | Does the requirement for a “technical contribution” in a novel selection survive? (if selecting from convergent lists) (T 1621/16) | Book Review: Research Handbook on Art and Law | Are lemmings a threat to the Disney+ brand? | When the court turned to an expert on whether there was cybersquatting | When cybersquatting renders a contract unenforceable on public policy considerations | The President of The Community Plant Variety Office decides on an extension to deadlines due to COVID-19

Never Too Late 257 [Week ending March 22]: BREAKING: German constitutional court upholds complaint against UPC Agreement and implementing act | Willem Hoyng: today’s decision sets back UPC at least five years | In the wake of the COVID-19 virus, Israeli Government authorizes use of three patents for maintenance of essential supplies and services | Can a co-existence agreement tip the scales in favor of a finding of bad faith in an opposition action? | CJEU rules on counteraction by conceptual differences in trade mark law, but leaves much to be resolved | Swedish Supreme Court favours copyright protection over freedom of information and of the press | Fair dealing and online learning in the time of coronavirus in South Africa | Remembering Clayton Christensen: how has “disruptive innovation” fared? | BREAKING: EPO and EUIPO extend deadlines in response to COVID-19 pandemic | Free IP study/revision materials (also) in the time of Coronavirus: a collection