The IPKat BLOG – Page 175

In: The IPKat BLOG

2021 US Copyright Compendium Series #1: Works of Artistic Craftsmanship

http://ipkitten.blogspot.com/2021/03/2021-us-copyright-compendium-series-1.html A work of artistic Kat-manship On January 28, the US Copyright Office released the latest version of the Compendium of US Copyright Office Practices, Third Edition. The Compendium details the general practices of the US Copyright Office concerning registration and recordation. Registration decisions by the Office are generally governed... Continue reading
In: The IPKat BLOG

Zoomlion: ‘My green, grey and black’. Another colour combination mark case in China

http://ipkitten.blogspot.com/2021/03/zoomlion-my-green-grey-and-black.html Zoomlion Heavy Industry Science and Technology Co., Ltd. (‘Zoomlion’), according to Wikipedia, is China’s largest, and the world’s sixth-largest, construction machinery enterprise. Zoomlion owns the trade mark registration no. 18338886 in China. This, as shown below, is a colour combination mark (hereinafter ‘the Z mark’). The Z mark was... Continue reading
In: The IPKat BLOG

Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2021/02/never-too-late-if-you-missed-ipkat-last_28.html This Kat is looking out for new IP stories On the last day of February, it’s time to look back at last week in the IPKat. Copyright PermaKat Eleonora Rosati addressed five considerations for the transposition and application of Article 17 of the DSM Directive, as the often polarised debate... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/02/sunday-surprises_28.html Conferences, webinars On March 2, Legal and Business Research Foundation (FIDE) and Transatlantic Intellectual Property Academy (TIPSA) will hold the 10th Global Digital Encounter, this time dedicated to “Fostering a Dynamic IP System Based on Sustainable Development Goals”. Prof. Edward Kwakwa (WIPO) and Prof. Peter Yu (Texas A&M University)... Continue reading
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Illumina v MGI Part 2: Has the UK lost its way on the doctrine of equivalents?

http://ipkitten.blogspot.com/2021/02/illumina-v-mgi-part-2-has-uk-lost-its.html The High Court decision in Illumina v MGI ([2021] EWHC 57 (Pat) hit the IP headlines for its application of the Supreme Court decision in Regeneron v Kymab ([2020] UKSC 27) (see IPKat: Illumina v MGI Part 1: Mr Justice Birss on sufficiency, DNA sequencing and chocolate teapots). Those who make it... Continue reading
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High Court grants, for the first time, website blocking orders targeting cyberlocker and streamripping sites/app and considers that CJEU won’t follow AG Opinion in YouTube/Cyando

http://ipkitten.blogspot.com/2021/02/high-court-grants-for-first-time.html Kat blocking Earlier this week, the High Court of England and Wales issued two website blocking orders, which set new precedent and are the expression of a further development in the rich UK website blocking jurisprudence. The orders, which were issued by Miles J further to applications made by... Continue reading
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Assignment in gross, or not? What happened to the goodwill?

http://ipkitten.blogspot.com/2021/02/assignment-in-gross-or-not-what.html Trademark assignments and the transfer of the goodwill seem, well, oh-so dull, until they are not. Kat friend Ian Gill reports on a recent cautionary tale from the UK. Scott Hallsworth is a renowned Australian chef who created and opened a chain of London-based restaurants in 2013 under the... Continue reading
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Sisvel v. Haier II: Further insights on German judiciary’s FRAND approach

http://ipkitten.blogspot.com/2021/02/sisvel-v-haier-ii-further-insights-on.html IPKat friends, Professor Peter Georg Picht, and PhD student Erik Habich, from the university of Zurich, share with us further insights on the German FRAND approach. Only seven months after the German Federal Court of Justice (Bundesgerichtshof) handed down its first decision on the CJEU’s Huawei/ZTE mechanism for licensing... Continue reading
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Book Review: Intellectual Property in the Era of Big Data and Blockchain

http://ipkitten.blogspot.com/2021/02/book-review-intellectual-property-in.html This Kat has once again the pleasure to review a volume of the series on intellectual property law, edited by Prof. Jacques de Werra at the Law School of the University of Geneva [check here for the previous volume on non-traditional trade marks]. Most of the volumes in this... Continue reading
In: The IPKat BLOG

Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/02/never-too-late-if-you-missed-ipkat-last_21.html Patents Rose Hughes shared two pieces, discussing recent changes in the practice of the European Patent Office. The first one addressed the legality of Board of Appeal’s hearings by video conference: the corresponding referral has now been referred to the Enlarged Board of Appeal. The second one presented the... Continue reading