Around the IP Blogs

The SpicyIP Blog published a guest post concerning copyright protection of musical fountains under the Chinese legislation. The post analyses the approach taken by at least on court in China (the report does not specify the court) regarding dynamic artworks and then compares it with Indian copyright law.

Juve Patent Blog discussed a recent decision from the Paris First Instance Court, in a battle between the multinational pharmaceutical company MSD (known as Merck & Co in the US) and several producers of generics. The case at hand, which concerns the issue of damages for patent infringement, has been stayed, awaiting the decision of the French Supreme Court on the validity of the supplementary protection certificate (SPC) of MSD’s patent.

With US plans to waive COVID-19 vaccine patents splashed all over the frontpages, the Old Continent is also exploring its options. For a further aspect of IP-related aspects of the COVID-19 pandemic, the Kluwer Patent Blog shared an English translation of the recent French bill proposal concerning granting an ex officio license in the interest of public health..

Facebook announced a joint lawsuit, filed in California together with the fashion brand Gucci, against the head of an international counterfeiting operation. The plaintiffs claim breach of Facebook’s Terms of use and Gucci’s intellectual property rights. This is a first joint lawsuit of this kind concerning the sales of counterfeit goods through social media.

The Fashion Law Blog looked into the Taiwanese registration of the Love Bracelet from Cartier as a three-dimensional trade mark. The 3D shape was registered due to its acquired distinctiveness in that country. According to the post, more trade marks of the kind can now be expected.

RAILS blog addressed legal implications of using artificial intelligence, including facial recognition technologies (FRT), as an exam proctor. The issue is especially relevant amidst COVID-brought online education. The blog’s analysis is based on the recently revealed proposal for EU Regulation of artificial intelligence.