The IPKat BLOG – Page 246

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Industry takes stance on automatic patent injunctions as German Ministry of Justice considers reform of the patent law

http://ipkitten.blogspot.com/2019/10/industry-takes-stance-on-automatic.html As some readers may know by now, this Kat spends a large part of his time thinking about injunctions in patent law. It seems he is not alone: the issue is an increasingly hot topic in Europe. A particularly exciting development in this regard is the announcement by the... Continue reading
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We all recognize the mark “Uber”, but is it a strong brand?

http://ipkitten.blogspot.com/2019/10/we-all-recognize-mark-uber-but-is-it.html What do we make of a mark that has broad name recognition but struggles commercially? Stated otherwise, what is the relationship between trademark awareness and brand strength? Take the case of the Uber company: Is the “Uber’ mark widely recognized? The answer is– “yes”. Is “Uber” a strong brand?... Continue reading
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BREAKING: CJEU rules that an intermediary can be ordered to remove content identical and equivalent to that found illegal, also worldwide

http://ipkitten.blogspot.com/2019/10/breaking-cjeu-rules-that-intermediary.html Eva Glawischnig-Piesczek How far can the removal obligations of an online intermediary go without breaching the no general monitoring obligation in Article 15 of the E-commerce Directive? Can an intermediary be ordered to remove content worldwide? And what can be the personal (original user and other users) and material... Continue reading
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US House Judiciary Committee votes to amend small-claims copyright bill (CASE Act) as Senate Judiciary issues favorable report on the bill

http://ipkitten.blogspot.com/2019/10/us-house-judiciary-committee-votes-to.html Nearly two months ago, this Kat excitedly reported that the US Senate Judiciary Committee had voted to report a small-claims copyright bill (the CASE Act) to the Senate without amendment. The bill stems from an extensive report by the US Copyright Office considering the establishment of a copyright small-claims... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2019/10/around-ip-blogs.html … And just like that, September is over! In this jumbo edition of Around the Blogs, we take a look at some interesting stories from the IP blogosphere at the end of last month. Patents Oh Canada! Patent law changes are coming to Canada on October 30th, and IPWatchdog... Continue reading
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[Guest post] Paris Court on digital exhaustion and videogames

http://ipkitten.blogspot.com/2019/10/guest-post-paris-court-on-digital.html Subscribers to a videogame distribution platform should be able to resell their videogames, a French court of first instance has ruled [full decision in French here]. Katfriend Simon Geiregat (Ghent University), aka GerryKat, reports. Here’s what he writes: Paris Court on digital exhaustion and videogames by Simon Geiregat The judgment of... Continue reading
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Enlarged Board of Appeal releases full reasoning in G2/19

http://ipkitten.blogspot.com/2019/10/enlarged-board-of-appeal-releases-full.html The EPO has announced the issue of the Enlarged Board of Appeal’s full reasoning in referral G 2/19. As previously noted on IPKat, the Enlarged Board of Appeal (EBA) had previously released their decision in G 2/19 but had not published the decision (EPO press release). The referral originated from the... Continue reading
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International Copyright Law conference returns to London with an IPKat readers’ discount

http://ipkitten.blogspot.com/2019/10/international-copyright-law-conference.html Our friends at KNect365 wish to let IPKat readers know that they are getting ready for yet another edition of their successful ‘International Copyright Law’ conference, which will be held in London on 3-4 December 2019. The agenda of this year’s edition features experts in different areas of copyright... Continue reading
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Liverpool FC fails in attempt to register LIVERPOOL as trade mark

http://ipkitten.blogspot.com/2019/10/liverpool-fc-fails-in-attempt-to.html Last week, it was reported that Liverpool Football Club’s (LFC’s) application to register LIVERPOOL as a UK trade mark was rejected by the UK Intellectual Property Office (IPO). Apparently, and logically, this was on the basis that Liverpool is more “geographically significant” as a city than other place names... Continue reading
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Kenya amends its Copyright Act to ratify the Marrakesh Treaty and address a myriad of other issues

http://ipkitten.blogspot.com/2019/10/kenya-amends-its-copyright-act-to.html In September, Kenya’s President signed the Copyright (Amendment) Act 2019. The Copyright (Amendment) Act 2019 amends Kenya’s Copyright Act of 2001 (the Principal Act) and is aimed at addressing inter alia, concerns about the collection and disbursement of royalties to authors and copyright owners. Kenyan flag The Amendment Act... Continue reading