The IPKat BLOG – Page 180

In: The IPKat BLOG

The inexorable rise of EPO oral proceedings by video conference

http://ipkitten.blogspot.com/2021/01/the-inexorable-rise-of-epo-oral.html The COVID-19 pandemic will change many aspects of life as we know it. One particularly prominent change has been the accelerated adoption of video-conferencing (VC) as a risk free way of ensuring business continuity. The European Patent Office (EPO) has not been left behind, with the ready adoption of oral... Continue reading
In: The IPKat BLOG

Nazi Aryanisation of intellectual property – and contemporary efforts to restore it

http://ipkitten.blogspot.com/2021/01/nazi-aryanisation-of-intellectual.html An aerial view of 1930s Vienna The Nazi practice of economic Aryanisation, the destruction of so-called ‘degenerate’ books and artworks, and cultural plunder all form elements of the regime’s attempted cultural and economic extermination policy. These intensified after Kristallnacht in 1938, with efforts to restore property and citizenship continuing... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2021/01/never-too-late-if-you-missed-ipkat-last_17.html This Kat has a lot on her mind Welcome to this week’s roundup of posts on which no Kat reader is ever too late to catch up. Copyright Whether copyright subsists in apparel design – in graphic renderings, samples, or the articles of clothing themselves – was considered by... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/01/around-ip-blogs_17.html Before we jump into a new week, let’s have a look at what happened last week on the IP blogs… Sunday already?! Patents Regulation (EU) 2019/933, amending the Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products (the SPC Regulation) was published in the Official Journal... Continue reading
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[Guest post] Unsung Florence Foster Jenkins screenwriter is entitled to joint authorship share

http://ipkitten.blogspot.com/2021/01/guest-post-unsung-florence-foster.html The IPKat is delighted to host the following guest post on the important Florence Foster Jenkins joint authorship case [Katposts here and here] by Katfriend Daniela Simone (Macquarie University), who is also the author of Copyright and Collective Authorship. Here’s what Daniela writes: Unsung Florence Foster Jenkins screenwriter is entitled to joint... Continue reading
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General Court says that ‘ALMEA’ and ’MEA’ are confusingly similar

http://ipkitten.blogspot.com/2021/01/general-court-says-that-almea-and-mea.html How far does likelihood of confusion go, within the meaning of Article 8(1)(b) of Regulation 2017/1001 (the EU Trade Mark Regulation (EUTMR)), when it comes to the comparison between two signs? In an interesting decision from last month, the General Court considered that – despite the generally high level... Continue reading
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Royalty distribution in Nigeria: Must collective management organisations distribute royalties only to members whose works were used?

http://ipkitten.blogspot.com/2021/01/royalty-distribution-in-nigeria-must.html Given the provisions of Regulation 15 of the CMO Regulations, can a collecting society distribute any portion of royalties received to members whose works were not used in a given year? This is essentially the question that the Federal High Court of Nigeria was asked in the case of... Continue reading
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Print journalism under siege: podcasts to the rescue?

http://ipkitten.blogspot.com/2021/01/print-journalism-under-siege-podcasts.html This Kat takes journal subscriptions seriously. How seriously? Well, Mrs. Kat says that he would likely win his town’s award for the resident with the most paid subscriptions to journalistic content. For sure, this Kat has followed with ever-increasing concern, tinged by moments of incipient depression, the two-decade downward... Continue reading
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Tuesday Thingies

http://ipkitten.blogspot.com/2021/01/tuesday-thingies.html Conferences and webinars On January 14, the British Literary and Artistic Copyright Association (BLACA) is organizing a webinar on “Case C-265/19 – victory or blow for performers’ rights?”, to discuss the recent decision of the CJEU in C-265/19, concerning the performers’ rights to single equitable remuneration. Linda Scales and... Continue reading
In: The IPKat BLOG

Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604/16)

http://ipkitten.blogspot.com/2021/01/boards-of-appeal-are-competent-to.html One important consideration in any legal system is the competency of appeal departments to review findings of fact at first instance. The case law of the Boards of Appeal has historical permitted only limited reassessment of facts at the appeal stage. However, a recent EPO Board of Appeal decision (T 1604/16) has... Continue reading