The IPKat BLOG – Page 248

In: The IPKat BLOG

BREAKING: CJEU rules that unauthorized (non-trasformative) sampling can infringe a phonogram producer’s rights and German free use is against EU law

http://ipkitten.blogspot.com/2019/07/breaking-cjeu-rules-that-unauthorized.html Moses Pelham As announced, the Court of Justice of the European Union (CJEU) has just issued 3 important copyright judgments, including one – Pelham, C-476/17 [Katposts here and here], also known as the Metall auf Metall case – which concerns the important and contentious issue of whether sampling, that is the copying of the sounds fixed in a... Continue reading
In: The IPKat BLOG

Vallenato and Raicilla, take me south

http://ipkitten.blogspot.com/2019/07/vallenato-and-raicilla-take-me-south.html Kat friend Fredy Sánchez Merino provides his most recent round-up of IP matters in Latin America. Colombia– Colombian singers Shakira and Carlos Vives have prevailed (here) in an action brought against them before the Commercial Court No. 12 of Madrid by the Cuban singer Livam for alleged plagiarism of... Continue reading
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Around the IP blogs!

http://ipkitten.blogspot.com/2019/07/around-ip-blogs.html Did you survive the hottest days of the year (at least in some parts of Europe) and still want to know what is happening in the IP blogosphere?Let’s find out it in this new edition of Around the IP blogs, which has a special focus on non-conventional trade marks,... Continue reading
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Never too late!

http://ipkitten.blogspot.com/2019/07/never-too-late.html A bumper Never too Late for you, including the summary of a number of important recent cases. Copyright Katfriend Sami Sunila summarised the recent judgement issued by the Finnish Market Court in whether collecting societies have standing to sue for copyright infringement and do internet access providers commit acts of communication to the... Continue reading
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Event Report: CIPA seminar on the revised Rules of Procedure of the Board of Appeal

http://ipkitten.blogspot.com/2019/07/event-report-cipa-seminar-on-revised.html On Monday, this Kat escaped the London heatwave by retreating to the pleasantly air conditioned offices of Kilburn & Strode LLP and the patent event in town: CIPA’s seminar on the Rules of Procedure of the Boards of Appeal (RPBA) of the EPO. The seminar was the first since the approval... Continue reading
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Enlarged Board of Appeal opinion on G 1/18

http://ipkitten.blogspot.com/2019/07/enlarged-board-of-appeal-opinion-on-g.html The EPO has issued a press release on the opinion of the Enlarged Board of Appeal in G 1/18. The referral related to the question of whether, where a notice of appeal is filed after expiry of the time limit for filing an appeal (Article 108 EPC), an appeal... Continue reading
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The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use?

http://ipkitten.blogspot.com/2019/07/the-trademark-question-that-never-stops.html Kat friend Shawn Poon from Singapore discusses a recent decision there that tackles one of the perennially vexing issues of trademark law, namely when does a variant form of a registered mark not count as use. In The Patissier LLP v Aalst Chocolate Pte Ltd [2019] SGIPOS 10, the... Continue reading
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Sir Henry Carr QC (1958 – 2019)

http://ipkitten.blogspot.com/2019/07/sir-henry-carr-qc-1958-2019.html Mr Justice Henry Carr, regaling us with storiesof the history of Anton Piller orders and tradesecrets at the Rolls Building in 2017 “Isn’t it much simpler than that?”, Henry remarked. It was never really a question, more of a gentle statement to the other person that they were making... Continue reading
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Copyright Infringement Confirmed, but No Damages for “Cordoba” Photographer

http://ipkitten.blogspot.com/2019/07/copyright-infringement-confirmed-but-no.html Last year, the Court of Justice of the EU (CJEU) ruled upon referral by the German Federal Court of Justice (Bundesgerichtshof, BGH) that the unauthorized reposting of a copyright work that is already available online constitutes an act of communication to the public within the meaning of Art. 3(1)... Continue reading
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Book Review & Discount: The Sir Hugh Laddie Lectures

http://ipkitten.blogspot.com/2019/07/book-review-discount-sir-hugh-laddie.html Readers may remember that back in May, AmeriKat told the story of the Annual Sir Hugh Laddie Lecture which brings the leading minds in IP law to address an always packed auditorium on the latest IP challenges, opportunities and analysis. The lecture series is organised by Professor Sir Robin... Continue reading