The IPKat BLOG – Page 183

In: The IPKat BLOG

Impact of the proposed EU Regulation on Markets in Crypto-assets for IP applications

http://ipkitten.blogspot.com/2021/01/impact-of-proposed-eu-regulation-on.html Kat friend, Dr. Julia Hugendubel, describes the most recent developments concerning the EU Commission’s proposed Regulation on markets in crypto-assets and their possible impact for IP applications. Decentralised ledger technologies (DLT) such as blockchain are the object of broad international regulation efforts. Presumably motivated by Facebook’s Libra/Diem project, the... Continue reading
In: The IPKat BLOG

General Court affirms minimal distinctiveness requirement in Oatly’s trade mark appeal

http://ipkitten.blogspot.com/2021/01/general-court-affirms-minimal.html Oatly’s word mark at issue (Image: Oatly NL) Plant-based meat and dairy substitutes have frequently hit the news in recent months, with the EU General Court providing a boost to Oatly on 20 January 2021 by overturning a trade mark refusal decision by the EUIPO in Case T‑253/20. Background... Continue reading
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Will the last entrepreneurial person leaving the Bay Area please turn off the lights?

http://ipkitten.blogspot.com/2021/01/will-last-entrepreneurial-person.html Is this the time that it really happens, when the Bay Area finally begins to lose its ability to attract and keep the critical mass of innovative employees necessary to maintain the region’s primacy in the hi-tech world? Is it really the time to ask: Will the last entrepreneurial... Continue reading
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Canadian Federal Court considers whether Teva’s COPAXONE second medical use patents were obvious-to-try (Teva v Pharmascience)

http://ipkitten.blogspot.com/2021/01/candian-federal-court-considers-whether.html A recent Canadian Federal Court decision (Teva v Pharmascience, 2020 FC 1158) adds yet further nuance to the critical question of when a second-medical use patent application should be filed. One option is to file as soon as the clinical trial gets under way, to avoid the very fact of the... Continue reading
In: The IPKat BLOG

Book review: Drafting Copyright Exceptions

http://ipkitten.blogspot.com/2021/01/book-review-drafting-copyright.html Continuing the theme of balancing copyright and other fundamental rights, from this Kat’s previous book review, she now turns to Emily Hudson’s Drafting Copyright Exceptions: From the Law in Books to the Law in Action, which was also nominated in the IPKat book of year awards for best copyright... 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_24.html Don’t worry if you missed out on any IPKat news last week – this Kat got you covered… Can’t miss anything… PATENTS 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... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/01/around-ip-blogs_24.html When tourism was still a thing Patents The SpicyIP Blog featured an analysis of a recent decision, where the Delhi High Court interpreted Section 107 of the Indian Patent Act in to mean that export of a product from India amounts to use of the product in India. SpicyIP... Continue reading
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Germany’s Federal Court of Justice gives weight to celebrity consent to media image use

http://ipkitten.blogspot.com/2021/01/germanys-federal-court-of-justice-gives.html The Federal Court of Justice in Karlsruhe Shakespeare’s aphorism that all that glisters is not gold might well be borne in mind by fans and followers of celebrities. In two judgments issued on 21 January 2021 (as yet only available as press release summaries), Germany’s Bundesgerichtshof – or Federal... Continue reading
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Of novelty, inventiveness and sufficiency: how to write a good paper or thesis

http://ipkitten.blogspot.com/2021/01/of-novelty-inventiveness-and.html Spring semester is here and that means students at universities all over the world are getting ready to write final assignments or even their theses. This Kat is proud to announce that, starting this semester, he will be teaching in the IP courses of the Erasmus University Rotterdam, together... Continue reading
In: The IPKat BLOG

Book review: Copyright and Fundamental Rights in the Digital Age

http://ipkitten.blogspot.com/2021/01/book-review-copyright-and-fundamental.html Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground, edited by Oreste Pollicino, Giovanni Maria Riccio and Marco Bassini, explores the relationship between copyright and fundamental rights in light of the digital single market strategy. It argues that the battle... Continue reading