• Does the injunction gap violate implementers’ fair trial rights under the ECHR?

    http://ipkitten.blogspot.com/2020/12/does-injunction-gap-violate.html In jurisdictions with bifurcated patent systems, infringement claims and invalidity attacks are heard in separate proceedings, before different courts. Bifurcation is often defended on the grounds that the validity of the patent can be assessed by judges with technical expertise. Germany, Hungary and Austria each have bifurcated patent systems.... Continue reading

     
  • Africa IP highlights 2020 #1: The copyright field

    http://ipkitten.blogspot.com/2020/12/africa-ip-highlights-2020-1-copyright.html Despite the challenges of 2020, the IP world has recorded many triumphs and moved forward on many issues. In Africa particularly, there were key court decisions in the IPRs and IP enforcement fields as well as significant legislative and institutional reforms. The IPKat is running a series of posts... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2020/12/around-ip-blogs_13.html An angry cat Patents The German Bundestag has approved draft legislation to ratify the Unified Patent Court Agreement and this news hit the IP Blogosphere. ManagingIP, the European IP Helpdesk, the HGF blog, and the Juve Patent Blog each shared their opinion regarding the future of the UPC, including... Continue reading

     
  • Never Too Late: if you missed The IPKat last week

    http://ipkitten.blogspot.com/2020/12/never-too-late-if-you-missed-ipkat-last_12.html On this, lovely Saturday morning, let’s have a look at what the Kats were up to last week… Enjoying a fantasticbrunch this morning… PATENTS The Australian High Court overturned 150 years of precedent to adopt exhaustion of rights doctrine for patented products. Rose Hughes reported on the case of... Continue reading

     
  • Saturday Sundries

    http://ipkitten.blogspot.com/2020/12/saturday-sundries.html These Kats are feeling merry and bright Welcome to another week in which the cup of IP miscellany runneth over.  Conferences The IP & Innovation Researchers of Asia (IPIRA) Network is hosting the Third IP & Innovation Researchers of Asia (IPIRA) Conference on 24-27 March 2021 (online). The deadline... Continue reading

     
  • PEB (seems to) confirm that candidates will not be disqualified for writing during the time allocated for screen breaks and upload time

    http://ipkitten.blogspot.com/2020/12/peb-confirms-that-candidates-will-not.html Last week on IPKat we reported the release of further information for pre-EQE and EQE candidates (IPKat: EQE 2021: Further details on examination timings and paper format released). In addition to making the exams online for the first time, the EQE organisers have taken the surprising decision to also change... Continue reading

     
  • A performance review: is copyright doing its job in the music industry?

    http://ipkitten.blogspot.com/2020/12/a-copyright-performance-review-is.html Yesterday, this Kat posted an overview of artist’s arguments being heard at the economics of music streaming Inquiry by the UK Digital, Culture, Media and Sport Committee. There was a lot to say about equitable remuneration, transparency, copyright assignment returns, and playlisters. Turns out I’m not done… In this... Continue reading

     
  • Artists speak out at the UK Economics of Music Streaming Inquiry

    http://ipkitten.blogspot.com/2020/12/artists-speak-out-at-uk-economics-of.html Artists have spoken out about the inequity of the music streaming business model. Artists including Ed O’Brien (Radiohead), Guy Garvey (Elbow), Tom Gray (Gomez), Nadine Shah, Fiona Bevan, Soweto Kinch and even Songwriter, producer and artist, Nile Rodgers have all given evidence in the UK government inquiry. Today, Led... Continue reading

     
  • Have you considered the effect of Brexit on the territorial scope of a trademark license?

    http://ipkitten.blogspot.com/2020/12/have-you-considered-effect-of-brexit-on.html This Kat promised himself that he would not offer any public thoughts about trademarks and Brexit. On the other hand, he had devoted several years to penning a treatise on trademark licensing. So, what happens when Brexit (“mum is the word”) meets trademark licensing (“the more the merrier”)? Maybe... Continue reading

     
  • Chappelle’s Show on Netflix – the unforgiving tension between an artist and the creations he does not own

    http://ipkitten.blogspot.com/2020/12/chappelles-show-on-netflix-unforgiving.html Darnell Rawlings and Dave Chappelle “171212-F-NK396-001”  by Official U.S. Air Force  is licensed under CC BY-NC 2.0 “Boycott me!” is not a typical refrain for an artist, or indeed anyone. Yet, that is the request that Comedian Dave Chappelle made to his fans. In a stand-up performance entitled Unforgiven, which... Continue reading