In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/when-goodwill-in-business-is-not-enough.html The role of a trademark in the context of a passing off claim may go more to misrepresentation rather than goodwill, depending upon the jurisdiction. Kat friend Chia Ling Koh describes a recent case, Tuitiongenius Pte Ltd v Toh Yew Keat and anor [2020] SGCA 103, a decision of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/around-blogs.html These Kats are celebrating family In honour of our American friends’ celebration of Thanksgiving, this Kat has decided to be thankful for the news and insight which those from across the IP blogosphere so continually provide. Copyright When will a dance routine be deemed to have met the US’s... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/breaking-dusseldorf-court-refers.html While our American cousins were waking up early to put their turkeys in the oven this morning, the Düsseldorf court announced that it will be referring questions to the Court of Justice of the European Union (CJEU) in the high-stakes patent battle between Nokia and Daimler [Katposts here and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/tpm-circumvention-and-website-blocking.html Blocking application Website blocking orders in IP cases (mostly, though not solely, in relation to copyright-infringing websites) are routinely granted in several jurisdictions, whether in Europe or third countries. The availability of such relief has been established in case law, administrative frameworks and academic studies alike. The Court of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/guest-post-european-commission-unveils.html The IPKat is pleased to host the following guest post by former GuestKat Bertrand Sautier on the recently released European Commission’s Action Plan on IP. Here’s what Bertrand writes: European Commission unveils new IP Action Plan by Bertrand Sautier The IPKat’s own action plan Following the publication of the New... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/09/the-fate-of-uk-spcs-in-brexit-era.html To prepare for Brexit, the UK has incorporated many provisions of EU law into its own statute. This includes the SPC Regulation (Regulation (EC) No 469/2009). SPC protection in the UK will thus broadly remain unchanged following the transition period. However, in the small-print there are some potentially critical changes... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/monday-miscellany.html This Kat has much to think about Another week, another roundup of Kat-curated miscellany. Conferences and Events This year’s Competition Law in the Pharmaceutical Sector Conference will be held fully online on 3 December 2020, with a special IP Kat reader discount of 15% available with the use of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/never-too-late-if-you-missed-ipkat-last_22.html This Kat is excited to bring you all the highlights of last week from a rainy South Africa… A great day to stay inside and catch up on some IP news… COPYRIGHT In Denmark, the general opinion has long been that assignment from the author to a music publisher of “all rights... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/around-ip-blogs_22.html The extra winter weight Copyright While EU Member States are struggling with the implementation of Art. 17 of the DSM Directive [see The IPKat’s comment on the German implementation proposal here], the Polish referral as to the article’s incompatibility with the EU Fundamental Rights Charter is pending before the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/11/book-review-patent-games-in-global-south.html On this Kat’s night stand during the long, locked-down nights in Florence was Amaka Vanni’s monograph Patent Games in the Global South: Pharmaceutical Patent Law-Making in Brazil, India and Nigeria (Hart 2020). Vanni is not just a legal scholar, but also a documentary filmmaker—and it shows in her writing.... Continue reading
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