The IPKat BLOG – Page 209

In: The IPKat BLOG

“Nosecco” appeal goes flat in the High Court

http://ipkitten.blogspot.com/2020/06/noescco-appeal-goes-flat-in-high-court.html Uncork the bottles – a resounding victory for the Prosecco producers in Les Grands Chais de France SAS v Consorzio di Tutela della Denominazione di Origine Controllata Prosecco [2020] EWHC 1633 (Ch), an appeal from the UK Intellectual Property Office which was heard in the High Court by Mr Justice Nugee. BackgroundIn... Continue reading
In: The IPKat BLOG

How to deal with abusive patent enforcement within the EU enforcement framework

http://ipkitten.blogspot.com/2020/06/how-to-deal-with-abusive-patent.html Kat friends Prof. A. Strowel and Dr. A. Léonard share their thoughts on how to deal with abusive patent enforcement within the EU enforcement framework. The IP Enforcement Directive (2004/48) was originally meant to fight piracy and counterfeiting, in particular in the field of copyright. However, at the time... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2020/06/monday-miscellany.html That Monday feeling after a short weekend. The IPKat hopes you still have some openings in your schedule, because here are some exciting events…Conferences IP Tech Summit 2020 is taking place in Munich from 3 to 4 December 2020 within Microsoft’s premises! More information is available here. Webinars The... Continue reading
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The National Copyright Administration of China: no more ‘black hole drama’ in the image market

http://ipkitten.blogspot.com/2020/06/the-national-copyright-administration.html On 11 June 2020, the National Copyright Administration of China (NCAC) issued the first document of 2020: The Notice on Regulating the Copyright Order of Photographic Works (‘the Notice’). The full text is accessible here (in Chinese). The Notice, as a departmental regulation (the NCAC is under the State Council), does... Continue reading
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[Guest Post] These boots are made for walking…and not for copyright protection

http://ipkitten.blogspot.com/2020/06/guest-post-these-boots-are-made-for.html The IPKat is delighted to host another guest post from Hanne Kirk and her team at Gorrissen Federspiel (Denmark), this time regarding a decision from the Danish Supreme Court which demonstrates that the debate caused by the CJEU’s landmark Cofemel decision is far from over. These boots are made for... Continue reading
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When the consumer getting the mark all wrong might be good for the brand holder

http://ipkitten.blogspot.com/2020/06/when-consumer-getting-mark-all-wrong.html Using a foreign language word as a trademark is often fraught with risk. After all, if the purpose of a mark is to provide an unequivocal marketing message while serving as a badge of origin, the last thing that such a mark should have happen is to be misapprehended.... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2020/06/never-too-late-if-you-missed-ipkat-last_28.html Last week, the IPKat brought you some in-depth analysis of the copyright and trade mark developments. Be sure not to miss it! A sleeping beauty Copyright Eleonora Rosati addressed a recent decision by the Italian Supreme Court, which held that a technical regulation may in principle be protected by... Continue reading
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Neurim v. Mylan: UK Court of Appeal denies interim injunction in face of a launch-at-risk case, but are damages really adequate?

http://ipkitten.blogspot.com/2020/06/neurim-v-mylan-uk-court-of-appeal.html As this Kat was strolling home Wednesday afternoon, he received a call from his old pal Joost Duijm. On the ball as always, Joost told me that the appeal in Neurim Pharmaceuticals v. Mylan had been handed down [first instance decision here, appeal decision here]. The Court of Appeal... Continue reading
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[Guest post] Shaping the right form of (IP) protection: The Moon Boot decision(s)

http://ipkitten.blogspot.com/2020/06/guest-post-shaping-right-form-of-ip.html It might not be the best season for après-ski boots (at least in the Northern Hemisphere), but The IPKat is nonetheless delighted to host the following guest contribution by Federica Pezza (HoganLovells), discussing an interesting, recent cancellation decision of the Board of the First Board of Appeal of the... Continue reading
In: The IPKat BLOG

ECtHR finds Russian website blocking approach contrary to Article 10 ECHR (freedom of expression and information)

http://ipkitten.blogspot.com/2020/06/ecthr-finds-russian-website-blocking.html The ECtHR Earlier this week, the European Court of Human Rights (ECtHR) had the opportunity to assess website blocking from the perspective of freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) in its judgment in Vladimir Kharitonov v Russia [see here and here for... Continue reading