http://ipkitten.blogspot.com/2020/05/never-too-late-if-you-missed-ipkat-last_8.html
PATENTS
COVID-19 calls for certain patent exceptions, especially when it comes to manufacturing of respiratory equipment parts. An Italian hospital requested a local producer to make valves with 3D printers without authorization of the patent holders. Kat friend Carlo Sala looked at how the local producer and/or the multinational group could defend themselves, with regards to patent exceptions, if needed.
TRADE MARKS
A few days ago, the Court of Justice of the European Union (CJEU) issued its judgment in the important Gömböc referral (C-237/19). In this matter registration was sought for a shape that is a self-standing object known as Gömböc, which is “the most sphere-like body (apart from spheres)”. Verónica Rodríguez Arguijo provided a detailed analysis of the judgement. Eleonora Rosati highlighted the importance of the CJEU’s decision beyond the realm of trade marks, including IPR’s.
It started as a passing off claim and evolved into a trade mark infringement claim. This is the case of PlanetArt LLC against Photobox Ltd, for which judgement was handed down remotely. Riana Harvey provided insight into this matter.
The SkyKick saga continued. In decision number three, the law was applied to the facts. The result was that the court decided that SkyKick infringed Sky’s trade marks. Alex Woolgardelivered key points of the judgement.
Is COVID-19 a Nietzschean (“What does not kill me makes me stronger”) moment for trade marks and brands? Neil Wilkof looked at the impact of the Black Death on trade marks and brands in order to create an understanding of what a potential impact of COVID-19 will be on trade marks and brands.
COPYRIGHT
Official Georgia Codes Annotated was ruled ineligible for copyright protection by the US Supreme Court. Thomas Key explored how the Court found that these annotations do not meet the authorship requirement for copyright protection in Georgia v. Public.Resource.Org.
PLANT VARIETY RIGHTS
Eat now, pay later. In the NadorcottCase the plant variety paradigm was shifted from a proprietary to a liability rule. Vincenzo Vinciguerra, PhD (Roberto Manno’s Weblegal) explained the decision and provided his interpretation on what it means for plant breeders.
OTHER IP TOPICS: IN MEMORIAM
It is with great sadness that the IP community in Israel, and followers of the IP blogosphere world-wide had to say goodbye to Dr. Michael Factor. Jeremy Phillips and Neil Wilkof paid tribute to him.
Content reproduced from The IPKat as permitted under the Creative Commons Licence (UK).