• Never Too Late: if you missed the IPKat last week

    http://ipkitten.blogspot.com/2020/05/never-too-late-if-you-missed-ipkat-last_22.html This Kat is inspired by nature If you’ve been too busy (or perhaps, like this Dublin Kat, spent a little too much time in the rare May sun) to keep abreast of the latest IPKat posts, read on for the latest digest. CopyrightGuestKat Léon Dijkman provided a commentary on a... Continue reading

     
  • BREAKING: US Copyright Office finds current safe harbor system ‘unbalanced’ and ‘out of sync with Congress’ original intent’

    http://ipkitten.blogspot.com/2020/05/breaking-us-copyright-office-finds.html Today, the US Copyright Office released its much-awaited Report on Section 512 of the US Copyright Act, which was enacted in 1998 as part of the Digital Millennium Copyright Act and introduced the so called ‘safe harbor’ system into US law.  As readers following all things intermediaries will know,... Continue reading

     
  • Privacy rights and social media: can a person be prohibited from sharing online a picture of her grandson?

    http://ipkitten.blogspot.com/2020/05/privacy-rights-and-social-media-can.html From recreation of famous paintings using household materials to baking sourdough breads with home-made starters: the lockdown has prompted many of us to explore new hobbies. So, too, this Kat. The curiosity spread to the legal domain, and I was grateful to do some reading on issues outside my... Continue reading

     
  • Bad faith grounds for invalidating EUTM containing Chinese characters

    http://ipkitten.blogspot.com/2020/05/bad-faith-grounds-for-invalidating-eutm.html Kat friend Matej Michalec discusses a decision by EUIPO’s Cancellation Division, regarding bad faith in an invalidation action involving Chinese character marks, which merits particular attention. The famous Chinese writer Lu Xun is said to had expressed the view that “either the Chinese characters are abolished, or China perishes“.... Continue reading

     
  • Milan court rules against Antonio Marras over unauthorized use of howling wolf photograph

    http://ipkitten.blogspot.com/2020/05/milan-court-rules-against-antonio.html Last month, the Milan Court of First Instance issued a decision (sentenza 2539/2020, available on darts-ip and already commented here) concerning the alleged infringement, by fashion house Antonio Marras, of copyright (both economic and moral rights) in the photograph below, which the latter had used without the photographer’s authorization... Continue reading

     
  • Lessons in legal fudge from the EBA in Pepper (G3/19)

    http://ipkitten.blogspot.com/2020/05/lessons-in-legal-fudge-from-eba-in.html The Enlarged Board of Appeal (EBA) decision in G3/19 is a beautiful example of legal fudge. G3/19 brings to an end the see-sawing the EPO has experienced in recent years over the issue of the patentability of plants and animals produced by essentially biological processes. Since the EBA decision in G2/12 (Broccoli/Tomato II), the EBA/Board... Continue reading

     
  • Monday Miscellany

    http://ipkitten.blogspot.com/2020/05/monday-miscellany.html A new week is approaching! Here are some interesting IP events to keep you entertained this week. Looking at all the IP events!  Conferences It is with regret that MARQUES has decided to cancel the 34th Annual Conference, due to be held in Stockholm, Sweden, from 22 to 25... Continue reading

     
  • Never Too Late: if you missed the IPKat last week

    http://ipkitten.blogspot.com/2020/05/never-too-late-if-you-missed-ipkat-last_17.html Need a reason to leave the bed? Copyright  Eleonora Rosati looked at the role of live streaming providers as ‘online content sharing service providers’ under the DSM Directive. This issue is especially relevant in light of the coronavirus situation, when DJs from all over the world are performing their... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2020/05/around-ip-blogs_15.html This Kat is trying to avoid copyright liability Welcome to this week’s roundup of recent stories and commentary from around the IP blogosphere.PatentsGermany’s Federal Court of Justice handed down a potentially extremely significant judgment for SEP/FRAND in Europe, in the case of SISVEL v Haier. JUVE Patent explained the decision... Continue reading

     
  • BREAKING: EBA finds plants produced by essentially biological processes are NOT patentable (G3/19)

    http://ipkitten.blogspot.com/2020/05/breaking-eba-finds-plants-produced-by.html The Enlarged Board of Appeal (EBA) today issued their opinion in the controversial referral G3/19 (Pepper). The full text of the opinion can be read here. Contrary to what many predicted, the EBA not only found the referral admissible, but also changed their previous interpretation of Article 53(c) EPC... Continue reading