Never Too Late: if you missed the IPKat last week

The DSM Directive still dominates the IPKat pages [see earlier contributions here, here, here, here and here], and now in its transposition phase. Kat Friend Lisa Moser brought us the news about the first application of Art. 15 of the new DSM Directive in France. Since the DSM Directive has been implemented in France, Google has unilaterally decided to no longer display press publishers’ content, unless such display is authorized free of charge. The French associations of national and regional press publishers have filed a complaint against Google to the French Competition Authority (FCA). While we are awaiting for the decision on the merits, Lisa Moser analyzes the interim decision, adopted by the FCA.

Eleonora Rosati analysed the Advocate’s General opinion in the C-264/19 case, currently pending before the Court of Justice. The referral from the German Federal Court of Justice concerns the interpretation of Art. 8(2)(a) of the Enforcement Directive and whether the term ‘address’ shall include email and IP address. The Advocate General has answered in the negative and Eleonora looks how this Opinion generally fits within the EU regime of online platforms and intermediaries.

Patents 

Kat Friend Marie Barani shared a recent decision from the Dutch Court of the Hague over the alleged infringement of a European patent, declared essential to the 4G/LTE 3GPP standard. In this case, Sisvel, the company administering the patent, sued Sun Cupid Technology for the infringement of the Dutch designation of this standard essential patent.

Trade marks 

The Retromark Volume VII featured a guest contribution by Darren Meale with an overview of notable trade mark cases over the past six months. Daren brings us the 10 most important trade mark cases from the Court of Justice and national European courts, including the Skykick and EasyGroup cases [also reviewed by the IPKat here and here]. Be sure to also tonconsult the previous volumes of Retromark, all listed in the end of Volume VII for you convenience.

Other topics 

GuestKat Rose Hughes brought us the news about the extension of deadlines at the EPO due to COVID-19. Deadlines falling after 15 March 2020 will now be extended until 4 May 2020. Oral proceedings before the Boards of Appeal have also been cancelled until 15 May 2020. Kat Friend Shawn Poon reported on the new modified approach to breach of confidence claims, adopted by the Singapore Court of Appeal. Especially, the Court has y enabled a prima facie case to be satisfied “where confidential information has been accessed or acquired without a plaintiff’s knowledge or consent”. If a prima facie case is established, the burden shifts to the defendant to “prove that its conscience was unaffected.”

Kat Friends Darren Meale and Rosie Burbridge launched a series of Retromark: Live! podcasts and informed the IPKat readers about the first three episodes. The IP world in the time of Coronavirus is experiencing a fall in trade mark filings, suspension of deadlines in the Offices, and a switch to virtual court hearings. On the bright side, the list of amusing corona-related applications is a delight!

The IP Education Series is out with its final Volume 7. Kat Friends Hannah Yates and Joe Sekhon shared with the IPKat readers their experiences with online resources on intellectual property. Hannah Yates (UK IPO) presented the free online resources made available by the UK IPO, including the IP Support tool. Joe Sekhon (Portsmouth University) explained how he is using social media, including Facebook and Instagram, to deliver IP education to young entrepreneurs.