The IPKat BLOG – Page 169

In: The IPKat BLOG

EPO responds to accusations of perceived bias in G1/21 (ViCo oral proceedings)

http://ipkitten.blogspot.com/2021/05/epo-responds-to-accusations-of.html The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties (IPKat). The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021). The EPO has... Continue reading
In: The IPKat BLOG

Can a trade mark become misleading because it is transferred to a new owner? It’s all a matter of tradition

http://ipkitten.blogspot.com/2021/05/can-trade-mark-become-misleading.html The famous musical, “Fiddler on the Roof“, is all about the complexities of tradition. Indeed, there is an entire song dedicated to it. But tradition can also play a role in trademark law. Former Guest Kat Peter Ling has visited the IPKat lair and shares with Kat readers the... Continue reading
In: The IPKat BLOG

[Guest post] The TRIPS Waiver Debate: Why, and where to from here?

http://ipkitten.blogspot.com/2021/05/guest-post-trips-waiver-debate-why-and.html The discussion surrounding the suspension of IP rights in the COVID-19 vaccines has become increasingly heated over the past few months and weeks. The IPKat is delighted to host a guest opinion on the so called ‘TRIPS waiver’ by Prof Daniel Gervais (Vanderbilt University). Here’s what Prof Gervais writes:... Continue reading
In: The IPKat BLOG

Long walk to copyright reform (Pt 2): South Africa’s National Assembly rescinds its decision to pass the Copyright Amendment Bill

http://ipkitten.blogspot.com/2021/05/long-walk-to-copyright-reform-pt-2.html After months of discussion, South Africa’s Portfolio Committee on Trade and Industry reached a formal decision on the President’s reservations in respect of the Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment Bill (PPAB). [The Portfolio Committee on Trade and Industry is part of the National Assembly/Parliament] As... Continue reading
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English Court of Appeal tightened requirement for Crown use defence to apply, so when will it?

http://ipkitten.blogspot.com/2021/05/english-court-of-appeal-tightened.html The Crown Use defence – less ofa crown, and more of a collar? Back in February, the Court of Appeal in IPCom v Vodafone [2021] EWCA Civ 205 overturned the first instance decision of Mr Recorder Douglas Campbell QC who held that Vodafone could benefit from what seems to be the... Continue reading
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[Breaking News] The Digital Scholarship Institute is launching its activities

http://ipkitten.blogspot.com/2021/05/breaking-news-digital-scholarship.html The Digital Scholarship Institute is launching its activities by the publication of “The Aequitas Principles on Online Due Process”, which can be accessed on the new website of the Institute, here. The Digital Scholarship Institute is focused on facilitating norm-setting processes in the context of balancing online rights such... Continue reading
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Does the Irish Court of Appeal in Merck v Clonmel part ways from the CJEU’s Santen Article 3(d) decision?

http://ipkitten.blogspot.com/2021/05/does-irish-court-of-appeal-in-merck-v.html Last year’s CJEU decision in Santen (C-673/18) was an usually clear judgment on a question that had dogged SPC case law for years: whether there are any circumstances in which an SPC may be based on a second marketing authorisation for a product. In Santen (C-673/18) the CJEU rejected its own previous... Continue reading
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Keeping up with Dutch patent litigation: second half-year case law review 2020

http://ipkitten.blogspot.com/2021/05/keeping-up-with-dutch-patent-litigation.html The DutchKat taking some timein her box to focus on just one thing – the latest half-year patent review (and her pink jingle ball) Last year the IPKat started a series recapping patent litigation in some of the major patent litigation jurisdictions in Europe (see reports from the Netherlands, Germany and... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/05/around-ip-blogs_16.html This Kat is ready for her close-up Another week, another voyage around the blogs. Copyright International obligations for criminal liability for copyright infringement were discussed from a New Zealand angle on the Kluwer Copyright Blog, especially in relation to whether Kim Dotcom (and others) should be extradited to the... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/05/sunday-surprises_16.html It’s the weekend and this Kat would like to spoil you with some great news… Webinars It’s Sunday! To celebrate the publication of The Routledge Handbook of EU Copyright Law, edited by IFIM Director, Prof Eleonora Rosati, IFIM is delighted to host an online conference on 26 May... Continue reading