http://ipkitten.blogspot.com/2021/01/never-too-late-if-you-missed-ipkat-last_17.html

This Kat has a lot on her mind

Welcome to this week’s roundup of posts on which no Kat reader is ever too late to catch up.

Copyright

Whether copyright subsists in apparel design – in graphic renderings, samples, or the articles of clothing themselves – was considered by the Beijing IP Court in an appeal judgment summarised by Asia Correspondent Tian Lu.

Patents

Patent litigators engaged in SEP/FRAND disputes find themselves sailing the seven seas in search of tactical advantage, as KatFriend Richard Vary explained in his summary of an interesting new development: the willingness of Wuhan courts to grant anti-suit injunctions in global FRAND disputes (otherwise known as the ‘Wuhan Submarine’).

Trade Marks

GuestKat Nedim Malovic summarised a decision of the EU General Court ,which determined that ‘ATHLON CUSTOM SPORTSWEAR’ was not confusingly similar to ‘DECATHLON’, owing to the weak distinctive character of the shared ‘athlon’ element. 

Other

KatFriend Dr Olga Gurgula (Brunel University London) contributed an update on the project to establish a new IP court in Ukraine, which is taking place with the technical assistance from the UK and an International Advisory Board, highlighting recommendations developed by the QMUL Centre for Commercial Law Studies’ DFID/FCO-funded activities.

Amid the present political whirl taking place in the US, GuestKat Thomas Key looked ahead to the new American IP law developments to come in 2021, including long-planned adjustments to copyright and trade mark law.

Kat readers who have found themselves in a recent reading rut might find inspiration from the winners (and nominees) of the IPKat Book of the Year Awards 2020, as announced by Book Review Editor Hayleigh Bosher. Congratulations to all!

Never Too Late 297 [Week ending January 3]: Farewell Post: Can QR codes be registered as trade marks?  | Swedish Patent and Market Court of Appeal cancels Crocs three-dimensional trade mark | General Court says that ‘MARK’ and ‘MARQ’ are confusingly similar despite low degree of similarity between respective goods | Sweet grapes, sour grapes, or the grapes of wrath: what is going on with this collecting society? | [GuestPost] The role of big data, SEPs, PAEs and copyright in Digital Transformation: IP Tech Summit 2020 Report 

Never Too Late 296 [Week ending December 20]: Africa IP highlights 2020 #1: The copyright field | Africa IP highlights 2020 #2: The trademarks arena | [Guest post] Retromark Volume VIII: the last six months in trade marks | When a strong reputation does not guarantee distinctiveness | Acquired distinctiveness and sub-brands – Tefal ‘red dot’ mark is denied trade mark protection by UKIPO | Africa IP highlights 2020 #3: The patent and designs fields | Does the injunction gap violate implementers’ fair trial rights under the ECHR? | [Guest post] Event report: Fashion Reinassance – A Unique Year in Review | Book review: Research Handbook on IP & Digital Technologies 
Image: André Karwath aka Aka, edited by Fir0002, CC BY-SA 2.5, via Wikimedia Commons

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