http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_21.html
The new season is fully on and so are the IP-related news delivered by the IPKat. If you want to stay up-to-date, check out the below summary.
COPYRIGHT
Lokesh Vyas delivered a guest contribution exploring the potential of Article 17 of the Berne Convention as an unexplored emergency provision in international copyright law.
Eleonora Rosati provided a short preview from the second edition of the Copyright and the Court of Justice of the European Union which is going to be released on 5 October, concerning the potential interpretation of the notion of pastiche.
Former GuestKat Mirko Brüß described the German Federal Court of Justices’ question to the CJEU: (i) is the exception for use for the purpose of pastiche within the meaning of Article 5(3)(k) of the InfoSoc Directive a catch-all provision at least for an artistic treatment of a pre-existing work or other subject matter? and (ii) do restrictive criteria such as the requirement of humour, imitation of style or homage apply to the concept of pastiche?
TRADE MARKS
Marcel Pemsel:
- analysed the German Higher Regional Court’s of Düsseldorf judgment concerning whether in-store sales of luxury brands in discount stores constitute trade mark infringement, with respect to the sale of JOOP! and Calvin Klein perfumes in the discount retail stores of ALDI SÜD;
- commented on the CJEU decision considering whether an exclusive distribution agreement between infringers is sufficient for joint jurisdiction.
PATENTS
Rose Hughes considered a recent US Court of Appeal of the Federal Circuits’ decision on the interaction between two peculiarities of the US patent system: patent term adjustment (PTA) and obviousness-type double patenting.
GEOGRAPHICAL INDICATIONS
Devanshi Saxena delivered a contribution concerning the sustainability requirements in the recently adopted Regulation on geographical indication protection for craft and industrial products, also known as non-agri GIs.
Anastasiia Kyrylenko also summarised the European Parliament‘s adoption of the GI Regulation.
Anna Maria Stein reported on several amendments to the Italian Industrial Property Code, including the strengthening of protection of designations of origin (PDOs) and geographical indications (PGIs).
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