The IPKat BLOG – Page 155

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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
In: The IPKat BLOG

Book review: The Intellectual Property of Nations

http://ipkitten.blogspot.com/2021/09/book-review-intelletual-property-of.html This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. Ford – Assistant Professor of Sociology at Bard College, New York. In this book, Laura Ford draws on macro-historical sociological theories, to trace the development of... Continue reading
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UK Government responds to DCMS Music Streaming Inquiry recommendations

http://ipkitten.blogspot.com/2021/09/uk-government-responds-to-dcms-music.html Readers will no doubt be aware of the recent UK Economics of Music Streaming Inquiry by the Digital Culture Media and Sport Committee [Katposts here], which investigated the impact of music streaming on artists remuneration, as well as other issues around the fairness and sustainability of the wider music... Continue reading
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[GuestPost] Opinion: Skirting FRAND requirements under the guise of promoting innovation and efficiency (Part I)

http://ipkitten.blogspot.com/2021/09/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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AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

http://ipkitten.blogspot.com/2021/09/ag-hogan-advises-cjeu-to-rule-that.html Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? If so, can rightholders request the providers of such a service to impose a levy even if their... Continue reading
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New Zealand gold kiwifruit “returns” to China: when plant breeders’ rights meet geopolitical realities meet territorial considerations

http://ipkitten.blogspot.com/2021/09/new-zealand-gold-kiwifruit-returns-to.html Kat friend Doug Calhoun reports on the complicated follow-up to the New Zealand case of infringement of gold kiwifruit. In a previous post, this blogger described how a plant variety right for a gold kiwifruit variety in New Zealand had been infringed by a rogue grower. In that decision,... Continue reading
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Sony ‘Vita’ mark loses out in genuine use revocation proceedings before EU General Court

http://ipkitten.blogspot.com/2021/09/sony-vita-mark-loses-out-in-genuine-use.html Genuine use poses a unique quandary for trade mark owners when raised in revocation proceedings. Not only does the trade mark owner bear the burden of producing evidence to establish such use, but the trade mark owner should know that the ‘reputation’ of the mark does not mean that... Continue reading
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AIPPI Event Report: Lord Justice Birss looks to the future of civil justice

http://ipkitten.blogspot.com/2021/09/aippi-event-report-lord-justice-birss.html The AmeriKat enjoying her fullyremote existence… Last week, the UK Group hosted the latest in their remote series of events with Lord Justice Birss looking to the future of civil justice. The AmeriKat was elsewhere in the remote universe, but was lucky to have guest Kat, Anna Duch (Bristows) on... Continue reading
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Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

http://ipkitten.blogspot.com/2021/09/authorship-of-photographs-and-ownership.html The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. The decision... Continue reading
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Patentee doublethink in regulatory submissions and patent prosecution is inequitable conduct: Belcher v. Hospira (US)

http://ipkitten.blogspot.com/2021/09/patentee-doublethink-in-regulatory.html The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. The case serves to highlight the... Continue reading