http://ipkitten.blogspot.com/2021/11/never-too-late-if-you-missed-ipkat-last_28.html
Another week is coming to an end! Perfect timing for a weekly review of last week’s posts!
TRADE MARKS
In the context of European trade, proving trade mark exhaustion can be challenging. Based on the CJEU’s Van Doren Lifestyle judgment, the burden of proof concerning trade mark exhaustion rests on the party relying on it. Katfriend Jan Jacobi reported on a recent judgment of the Court of Appeal of The Hague (19 October 2021) dealing with the Van Doren Lifestyle judgment, which deserves special attention.
Two Belarusian PGIs have recently applied for registration in the EU. Our GuestKat Anastasiia Kyrylenko posted about the legal requirements for the protection of Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) in the European Union, citing a concrete example from a non-EU country.
Finally, Katfriend Gabriele Girardello (Pavia Ansaldo) reported on a recent decision of the Italian Supreme Court on the calculation of damages in trade mark infringement cases in Italy.
COPYRIGHT
There’s something new in the UK when it comes to laws for equitable remuneration for streaming, contract adjustment and right of revocation and transparency. Our SpecialKat Hayleigh Bosher gave us an overview of the UK Copyright (Rights and Remuneration of Musicians, Etc.) Bill, which has now been published and will receive its second reading in Parliament on December 3, 2021.
PATENTS
When it comes to patenting antibodies, their amino acid sequence or target sequence (epitope) should be defined in a patent claim. As the field of therapeutic monoclonal antibodies has grown, it has become increasingly difficult to obtain epitope claims. Our GuestKat Rose Hughes has examined recent US case law and EPO case law in the EU to assess trends, observations and differences between the US and EU positions on the epitope claim.
MISCELLANEOUS
Our GuestKat Anastasiia Kyrylenko has reviewed the “Handbook of Intellectual Property Research” (ed. by I. Calboli and M. Montagnani, OUP, 912 pp.), published by Oxford University Press in August 2021 and available here.
Our SpecialKat Hayleigh Bosher was delighted to review the academic monograph “Performing Copyright Law: Theatre and Authorship” by Dr Luke McDonah (Assistant Professor of Law at LSE Law School), published by Bloomsbury Publishing and available here.
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