The IPKat BLOG – Page 192

In: The IPKat BLOG

What’s a fiduciary duty got to do with it? Lawyers, successive parties, and confidentiality

http://ipkitten.blogspot.com/2020/10/whats-fiduciary-duty-got-to-do-with-it.html Who will be the monarch of the Glen(cairn)? Following a recent guest post on Singaporean developments in the law of confidence, this Kat is now turning to a similar scenario considered by the Court of Appeal (England & Wales). In Glencairn v Final Touch [2020] EWCA Civ 609, the... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2020/10/around-ip-blogs_16.html Spot the Scaredy-Kat This Kat was interested to see the variety of stories around the IP blogs this week, and hopes readers are too. Copyright Should any readers be in need of new sound effects for non-commercial use, IP Draughts has annotated part of the BBC’s licensing terms recently... Continue reading
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[Guest post] USPTO’s report “Public Views on AI and IP Policy”. What does the industry think about AI inventions?

http://ipkitten.blogspot.com/2020/10/guest-post-usptos-report-public-views.html The IPKat is very happy to host the following guest post by former GuestKat Bertrand Sautier (Clarivate Analytics), who tackles a recently released USPTO report on AI and IP policy. Here’s what Bertrand writes: USPTO’s report “Public Views on AI and IP Policy”. What does the industry think about... Continue reading
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Jürgen Klinsmann wins trade mark opposition and also strikes lethal blow by invalidating some of the opponent’s marks on the basis of non-use

http://ipkitten.blogspot.com/2020/10/jurgen-klinsmann-wins-trade-mark.html In an interesting decision concerning German football manager Jürgen Klinsmann, the EUIPO Fourth Board of Appeal reversed the Opposition Division’s earlier findings and considered that there is no likelihood of confusion between the marks depicted below. In addition, the Board also considered that some of the marks relied on... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2020/10/never-too-late-if-you-missed-ipkat-last_11.html Last week the Kats brought us news from the IP world. Here’s an overview of the news… Bring on the news! PATENTS New essential information was released for UK patent exam candidates. Following the trial of the PEBX system last week, the PEB has now released an updated... Continue reading
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CJEU says that the assessment of distinctiveness of signs that are to be applied to specific goods used to deliver a service should not also entail an assessment of norms and/or customs of the relevant sector

http://ipkitten.blogspot.com/2020/10/cjeu-says-that-assessment-of.html Should the distinctiveness (under what is now Article 4(1)(b) of Directive 2015/2436 (the EU Trade Mark Directive)) of a sign that is to be applied to specific goods be assessed having regard to what is customary in the relevant sector? This, in a nutshell, is the question that the... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2020/10/friday-fantasies.html Welcome to this week’s cornucopia of IP delights, particularly for the webinar-inclined reader. Conferences & Events Starting on 22 October 2020, the Digital Law Center of the University of Geneva, and Kat friends Irene Calboli and Jacques de Werra, will host the Luxury Digital Law Series (poster on the... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2020/10/around-ip-blogs_8.html To cat over Patents The SpicyIP Blog reported on what may well be one of the first covid-related IP cases. In that case , an Indian pharma company, Indoco, approached the Delhi High Court requesting permission to sale a drug, used as anticoagulant medication, for covid-19 treatment. Such sales... Continue reading
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Guest Post: New anti-evergreening patent law in Ukraine

http://ipkitten.blogspot.com/2020/10/guest-post-new-anti-evergreening-patent.html In this guest post, patent expert Dr Olga Gurgula reports on updates from Ukraine as well as highlighting important next steps for the Ukrainain Patent Office. Olga is a Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London and Visiting Fellow at the Oxford Martin Programme on Affordable... Continue reading
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Glenn Gould: Inventor of “User Rights”?

http://ipkitten.blogspot.com/2020/10/glenn-gould-inventor-of-user-rights.html Kat friend, Professor Mira T. Sundara Rajan, offers a fascinating argument to view the legendary pianist Glenn Gould as the progenitor of “user rights” in the creative industries. In 1966, a Canadian musician and a BBC television host sat down together to talk about, among other things, the future... Continue reading