http://ipkitten.blogspot.com/2020/09/never-too-late-if-you-missed-ipkat-last_11.html
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As summer draws to a close, the IPKat continues to offer IP news and views.
Copyright
PermaKat Eleonora Rosati gave an overview of the issues at play in AG Hogan’s advice to the CJEU to rule that disclosure of evidence containing protected content to a court is not a communication to the public for the purposes of the InfoSoc Directive.
Eleonora also explained the legal nature of Article 17 of the Copyright DSM Directive and its relationship with the InfoSoc Directive, focusing on its character as a full harmonisation measure – meaning that Member States like Germany which seek the freedom to determine exceptions and limitations for themselves are acting outwith the bounds of the wording of the Copyright DSM Directive, the copyright acquis, and general principles of EU law.
The Beijing IP Court’s selection of ’15 Model IP Cases of 2019’ includes Xiang Jiahong v Dreamer Film Ltd. et al., with Asia Correspondent Tian Lu’s explanation of the case’s appellate history and the issues it raises illustrating the boundary of fair use regarding calligraphy works.
Patents
Whether AI algorithms can be designated as ‘inventors’ for the purposes of a European patent application is one thing, but GuestKat Rose Hughes more fundamentally questions whether AI algorithms are capable of invention at all – and whether the impulse to designate them as inventors reveals the very human temptation of personifying non-humans.
GuestKat Peter Ling considered the implications of a recent landmark decision of the Swiss Federal Supreme Court as to whether the animated representation of a ventilated lung can be patentable subject matter, as well as when patentability is (or is not) excluded for presentations of information (Art. 52(2)(d) EPC) and the approach taken by the EPO.
Trade Marks
COVID-19 continues to present new challenges, with GuestKat Alex Woolgar explaining some of the brand protection issues caused by the use of repurposed and counterfeit designer fabrics to make face masks, including trade mark or design infringement, and copyright and moral rights.
Other
The IPKat team was pleased to congratulate Richard Meade QC on his appointment as an IP specialist Justice of the (English) High Court.
TechieKat Verónica Rodríguez Arguijo reported on the release of the 13th edition of the Global Innovation Index (GII) 2020, consisting of “a ranking of world economies’ innovation capabilities and results” by the World Intellectual Property Organization (WIPO), Cornell University and INSEAD.
Never Too Late 280 [Week ending August 30] BREAKING: UKSC upholds decision in Unwired Planet, confirms English courts have jurisdiction to set global FRAND rates (and much more) | Is the new world order of the English Supreme Court sustainable? | Keeping up with Dutch patent litigation: Half-year case law review 2020 | Beijing IP Court: let’s talk about short video copyrights | Rick Ross wins legal beef with 50 Cent: the Second Circuit holds that 50 Cent’s Publicity Right claim is preempted by the Copyright Act | Copyright, Trademark, International IP, and Trespass: Imapizza LLC v. At Pizza Limited | Rat Pack / RatPac – Not All Trade Mark Judges are Movie Producers | UK patent exams update: Major changes to invigilation arrangements for candidates taking the exams in the office | UK patent exams update: Final version of FAQs released | When free-riding someone else’s brand might be a win-win situation | [Guestpost]: IP implications of 3D printing, a new study
Never Too Late 279 [Week ending August 23] No CJEU reference (yet) as Mannheim Court grants injunction in Nokia v Daimler in further return to old Orange Book days | Book Review: Law, Technology and Cognition | IPKat Reader Discount: UIC John Marshall Law School’s 64th Annual IP Conference | Should a pseudonym be changed: George Eliot, Mary Ann Evans, and the “Reclaim her Name” project
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