• Book Review: Law of Remedies – A European Perspective

    http://ipkitten.blogspot.com/2020/01/book-review-law-of-remedies-european.html The availability or not of certain remedies influences the scope of substantive rights. Moving from this consideration, this book analyses different mechanisms of enforcement, the debate on private versus public enforcement, as well the perspective of criminal law. After defining the scope of a ‘law of remedies’, this work... Continue reading

     
  • Book Review: Positive Freedom and the Law

    http://ipkitten.blogspot.com/2020/01/book-review-positive-freedom-and-law.html Positive Freedom and the Law by Kim Treiger-Bar-Am, a legal academic in Israel. In Western thought, the notion that freedom is merely the right to be left alone is inescapable. This book seeks to explore the alternative conception of freedom as a duty of respect toward the autonomy of others.... Continue reading

     
  • Book Review: A Practitioner’s Guide to European Patent Law by Paul England

    http://ipkitten.blogspot.com/2020/01/book-review-practitioners-guide-to.html What is genuinely European in European Patent Law? Is there a common set of rules or understandings related to topics such as indirect infringement, equivalents, exhaustion, damages and joint ownership? To say that answering these questions in one book is challenging would be grossly underestimating the task. Paul England... Continue reading

     
  • TuneIn to the sound of communication to the public (Part 1)

    http://ipkitten.blogspot.com/2020/01/tunein-to-sound-of-communication-to.html As Eleonora informed us in this Katpost here – the UK Courts have weighed in on communication to the public, in what the court called “a test case” about infringement of copyright in sound recordings accessed via an online platform that connects users to radio stations around the world.... Continue reading

     
  • TuneIn to the sound of communication to the public (Part 2)

    http://ipkitten.blogspot.com/2020/01/tunein-to-sound-of-communication-to_10.html As set out in Part 1 of this post here, Mr Justice Birss found that (most of) the services of TuneIn Radio amount to an act of communication to the public of the relevant works of Warner Music and Sony Music. TuneIn infringes the copyright of Warner Music and... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2020/01/around-ip-blogs.html Welcome to 2020! Here’s what happened around the IP blogs while you were digital detoxing over eggnog. Mittens is casually easing into another decade of IP bloggingSource: Cats are on top  End of the year (and decade) content  Patent industry insiders shared their Christmas wishlists on IP Watchdog. Their... Continue reading

     
  • Reader discount for IPKat book award titles!

    http://ipkitten.blogspot.com/2020/01/reader-discount-for-ipkat-book-award.html Following the announcemet of the nominations and winners of the 2019 IPKat book of the year awards here, Oxford University Press have kindly offered to provide IPKat readers with a discount on their titles that were included. Each of the following winning and nominated titles are now available for... Continue reading

     
  • New Year, Same Creative Authorship Requirement in US Copyright

    http://ipkitten.blogspot.com/2020/01/new-year-same-creative-authorship.html As 2019 faded and 2020 rose, the US Copyright Office Review Board affirmed two registration refusals; both concerned the attempted registration of layouts used in digital platforms. One regarded a mobile app to monitor energy usage, the other concerned the form of a web application displaying the various procedures... Continue reading

     
  • Sheeran v Chokri Part 2: Admission of similar fact evidence

    http://ipkitten.blogspot.com/2020/01/sheeran-v-chokri-part-2-admission-of.html Readers may remember the case of Ed Sheeran and Sam Chokri, discussed by this Kat back in August 2018 here. The case is still on going and the most recent hearing before Mr Justice Nugee took place on the 9th December 2019 in the High Court of England and... Continue reading

     
  • Trademark infringement and Google PLA ads – Lessons from “Ortlieb”?

    http://ipkitten.blogspot.com/2020/01/trademark-infringement-and-google-pla.html Kat friend Markus Rouvinen shares his thoughts on the possible legal status of product listing ads (PLA’s) The fundamentals of trademark infringement in relation to traditional keyword advertising in the EU have largely been settled. However, more complex and increasingly common types of search engine advertising, such as comparison-shopping... Continue reading