The IPKat BLOG – Page 250

In: The IPKat BLOG

Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/09/never-too-late-if-you-missed-ipkat-last_13.html Summer in Europe is fast passing by. However, it is ‘never too late’ to catch the latest posts on this blog. Copyright In ‘YouTube takes copyright law into their own hands with new policy on music infringement‘, SpecialKat Hayleigh Bosher discusses the new copyright policy created and implemented by... Continue reading
In: The IPKat BLOG

Article 3(a) just keeps on giving: AG Opinion in SPC referrals C-650/17 and C-114/18

http://ipkitten.blogspot.com/2019/09/article-3a-just-keeps-on-giving-ag.html The Advocate General (AG) has issued his opinion in SPC Referrals C-650/17 (Royalty Pharma) and C‑114/18 (Sandoz). Both referrals seek clarification over whether an SPC may be granted to a specific, individualised, embodiment of the product claimed by the basic patent. The referrals particularly relate to the correct interpretation... Continue reading
In: The IPKat BLOG

Tempting to trade mark the Olympics: Beware of reputation

http://ipkitten.blogspot.com/2019/09/tempting-to-trade-mark-olympics-beware.html Tyrone Berger reports on attempts to register the mark “Pierre de Coubertin” (think Olympic Games). With several attempts to trade mark the name of the founder of the modern Olympic Games, Pierre de Coubertin, Dutch-based Tempting Brands is on track to clash with the International Olympic Committee (IOC). Going... Continue reading
In: The IPKat BLOG

BREAKING: CJEU rules that only requirement for copyright protection of designs is their originality

http://ipkitten.blogspot.com/2019/09/breaking-cjeu-rules-that-only.html Copyright in designs: what are the relevant requirements for protection? Is it compatible with EU law that a certain national law requires a design to be a ‘work of art’, an ‘artistic creation’ for copyright to vest in it? This, in a nutshell, was the twofold issue at the heart... Continue reading
In: The IPKat BLOG

BREAKING: CJEU confirms that German press publishers’ right is unenforceable due to missed notification to the European Commission

http://ipkitten.blogspot.com/2019/09/breaking-cjeu-confirms-that-german.html Readers with an interest in related rights, especially those in favour of press publishers, will know not only that there is now an EU-wide right for press publishers (Article 15 of the DSM Directive), but will also remember that its national predecessor – ie the German related right in... Continue reading
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Cannot Register “IGP” for Paint in Switzerland – because It Could Be a PGI

http://ipkitten.blogspot.com/2019/09/the-ipkat-cannot-register-igp-for-paint.html Kat readers familiar with geographical indications (GI) may primarily think of cheese, wine or bakery products when discussing this topic. One of the peculiarities of the (recently revised) Swiss legislation on protected designations of origin (PDO) and protected geographical indications (PGI) is the possibility to register a geographical indication... Continue reading
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Voice-overs, peer-to-peer recruitment platforms and IP rights: a survey of 200+ performers

http://ipkitten.blogspot.com/2019/09/voice-overs-peer-to-peer-recruitment.html This Kat has previously discussed the potential (negative) impact of online peer-to-peer recruitment platforms on intellectual property rights (see here and here). Remember peer-to-peer recruitment platforms? They are online platforms that operate like ‘Uber’. But instead of arranging taxi rides, they broker the commissioning of bespoke creative content, such... Continue reading
In: The IPKat BLOG

Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/09/never-too-late-if-you-missed-ipkat-last.html If you’ve been away catching the last rays of summer, fear not: here are the latest stories from The IPKat. Ginger is in Ibiza and couldn’t stop talking about the EUIPOphoto credit: @Zuntic, Youtube Copyright Guest correspondent Tyrone Berger reported on a potentially path-breaking initiative from Australia that impacts anti-competitive conduct,... Continue reading
In: The IPKat BLOG

What’s in a name? General Court rules conceptual comparison of names normally not possible

http://ipkitten.blogspot.com/2019/09/whats-in-name-general-court-rules.html As we eagerly await the Advocate General’s opinion in Sky and others [Merpel wonders what could have happened that the announced publication date was missed?], the General Court (GC) has rendered an interesting decision on conceptual comparisons in trade mark cases where both signs are names [here]. The... Continue reading
In: The IPKat BLOG

AG Szpunar advises CJEU to rule that internet downloads of ebooks are covered by right of communication to the public, not distribution (so, no, there is no digital exhaustion under InfoSoc Directive)

http://ipkitten.blogspot.com/2019/09/ag-szpunar-advises-cjeu-to-rule-that.html Is it possible or not to create second-hand digital marketplaces for, say, audio and ebooks, digital music, games, etc? This is the question at the heart of the referral to the Court of Justice of the European Union (CJEU) in Tom Kabinet, C-263/18 [here]. As readers know, the CJEU has... Continue reading