In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/no-economic-links-no-exhaustion-of.html For Kat readers who cannot get enough about exhaustion of IP rights (and even for Kat readers who can), Kat friend Raúl Bercovitz reports on a fascinating case in Spain regarding the “Schweppes” mark. As a consequence of a voluntary assignment of Schweppes Cadbury’s trademarks to the Coca Cola... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/china-introduces-new-regulation.html As a key point of the Chinese government’s initiative to curb the proliferation of bad faith trade mark applications, Several Provisions for Regulating Application for Trade Mark Registration (规范商标申请注册行为若干规定, hereinafter referred to as ‘the Provisions’) will go into effect as of 1 December 2019. The full text (in Chinese,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/michael-palmedo-named-shamnad-basheer.html Less than three months ago, Professor Shamnad Basheer from India had his singular career in IP and social justice cut short at the age of 43 (here and here). One of Shamnad’s principal interests was the pharmaceutical industry and how IP, trade and regulatory law impact on the availability... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/benelux-court-of-justice-rules-on-use.html The Benelux Court of Justice recently handed down an interesting decision on the use of a well-known trade mark in a work of art [decision here, in Dutch]. Non-Benelux readers might not be familiar with this supranational court common to the Benelux countries: it exists to rule on issues... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/what-was-relevant-undertaking-further.html Since the release of the UK Supreme Court’s decision in Unilever v Shanks [2019] UKSC 45 (IPKat post here) the mainstream and social media have been awash with hyperbole as to the potential impact of the decision on large employers. However, the UK Supreme Court’s (UKSC) decision was not... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/a-case-for-our-times-ambiguity.html Readers may be tired of the current political milieu of ambiguity and uncertainty. Thankfully, this is a patent case, not another episode in the UK’s political drama. In Neo v Anan Kasei([2019]EWCA Civ 1646) the Court of Appeal again considered the thorny issue of insufficiency, both the Kirin-Amgenand the Biogen kind. The Court... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/breaking-high-court-of-england-and.html This morning the High Court of England and Wales ruled in an important case – a “test case” according to the court – concerning the right of communication to the public over the internet, including linking in the aftermath of the CJEU judgment in GS Media [Katposts here], as... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/11/never-too-late-if-you-missed-ipkat-last.html Another week, another edition of Never Too Late! Last week brought plenty of posts from Kats and Katfriends alike. If you missed them, don’t worry – we will make sure you are caught up on all of the action! Copyright Looking back on another week of interesting IPKat news!... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/discussion-point-does-processing-of.html While drafting and negotiating technology agreements, this Kat increasingly comes across an inconsistent interpretation of General Data Protection Regulation as it pertains to the determination of data processing roles when personal data is limited to login credentials, such as person’s name, login identifier and email address, which are necessary... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/sublicensing-considerations-in-software.html Sublicensing has become increasingly prevalent against the backdrop featuring a diverse IPR spectrum that subsists in a licensed work, a variety of business models and use cases (internal use, production/testing environment, (non)commercial use, etc.), complex organisational structures of the involved entities, multiple proprietary interests, geographical scope and so on. Sublicensing may... Continue reading
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