The IPKat BLOG – Page 141

In: The IPKat BLOG

[GuestPost] Opinion: Skirting FRAND requirements under the guise of promoting innovation and efficiency (Part II)

http://ipkitten.blogspot.com/2021/10/guestpost-opinion-skirting-frand.html Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver’s seat? In courtrooms across the globe, arguments continue to rage as to the extent of an SEP owner’s FRAND undertaking. In exchange for getting their technology incorporated into a standard (meaning that, if... Continue reading
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[Guest post] Anderson .Paak got a new tattoo- and we might have an idea why

http://ipkitten.blogspot.com/2021/10/guest-post-anderson-paak-got-new-tattoo.html I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. Fritsch, both talented and enthusiastic former students of mine, which – while reviewing Anderson .Paak‘s latest tattoo – discusses post-mortem moral rights protection and the value of a tattoo as an … advance... Continue reading
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[Guest Post] Monsanto’s conspicuous African cotton patent

http://ipkitten.blogspot.com/2021/10/guest-post-monsantos-conspicuous.html This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Lodewijk is a PhD candidate and affiliated researcher at KU Leuven Centre for IT & IP Law (CiTiP) and a scholarship holder at Max Planck Institute for Innovation and Competition. His main areas of... Continue reading
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Wednesday Whimsies

http://ipkitten.blogspot.com/2021/10/wednesday-whimsies.html Conferences, webinars On October 18, the Institute for Intellectual Property and Market Law (Stockholm University) will hold an online conference devoted to ‘The Making of EU Copyright’. The occasion of the conference is the publication of Eleonora Rosati’s book, “Copyright in the Digital Single Market. Article-by-Article Commentary to the... Continue reading
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Does the Court of Appeal’s 2:1 split in Thaler underline the need for legislative review?

http://ipkitten.blogspot.com/2021/10/does-court-of-appeals-21-split-in.html The AmeriKat instructing her computer overlordto come up with an invention which turnshousehold objects into tuna Can machines be inventors? The US, the European Patent Office, and Australia all have considered this question. None of their decisions however are helpful in the UK, since the relevant statutory provisions in... Continue reading
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Swiss Supreme Court invalidates the Nespresso Capsule 3D Mark

http://ipkitten.blogspot.com/2021/10/swiss-supreme-court-invalidates.html Former Guest Kat Peter Ling, together with his associate, Joana Gurtner, report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/10/around-ip-blogs.html Trade Marks SpicyIP reviewed a ruling from the Bombay High Court concerning the deceptive similarity between signs. The case at hand dealt with the names ‘ASĀVA’ and ‘RAMPUR ASĀVA’ in connection with whiskey, in light of an earlier trade mark, ‘THE ASWA’, registered under Class 33 for alcoholic beverages.... Continue reading
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Is Veuve Cliquot’s orange a colour or a figurative mark?

http://ipkitten.blogspot.com/2021/10/is-veuve-cliquots-orange-colour-or.html Mistakes happen. We all make them; it’s part of what makes us human. But what happens when the EUIPO makes a mistake? As background to a (lengthy) case leading to interesting decision of the General Court, the EUIPO’s department responsible for the trade mark register erroneously rectified the registration... Continue reading
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Two for the price of one: When do R&D activities amount to ‘genuine use in the course of trade’; when is partial revocation appropriate?

http://ipkitten.blogspot.com/2021/09/two-for-price-of-one-when-do-r.html Genuine use and partial revocation remain challenging trade mark issues. Kat friends Karen Lai and Joshua Kwan discuss a fascinating recent case from Singapore that had the opportunity to address both. Can R&D activities amount to genuine use of a trade mark in the course of trade? This... Continue reading
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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

http://ipkitten.blogspot.com/2021/09/news-express-china-releases-15-year_28.html On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The full text in Chinese is accessible at the Xinhuanet. The official English version will be made available here in due course. This post... Continue reading