The IPKat BLOG – Page 251

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Tuesday Thingies

http://ipkitten.blogspot.com/2019/09/tuesday-thingies.html The IPKat has a delectable feast of KatFood for your autumn social calendar. A clowder of conferencing IPKatsphoto credit: The Atlantic Events Fashion Law London – The Autumn/Winter Review Readers might remember a few months ago PermaKat Eleonora Rosati organized a 1-day fashion law course with former GuestKat Rosie... Continue reading
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Anne Black copyright dispute – originality: how low can you go?

http://ipkitten.blogspot.com/2019/09/anne-black-copyright-dispute.html The IPKat is delighted to welcome this first guest contribution from Hanne Kirk of Gorrissen Federspiel, Aarhus (Denmark): In June 2019, the Danish Maritime and Commercial High Court gave a landmark decision – at least from a Danish point of view – concerning the question of originality in the... Continue reading
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Book Review: Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

http://ipkitten.blogspot.com/2019/09/book-review-regulating-hosting-isps.html After readers about YouTube’s change in copyright policy, readers might be wondering more about the responsibilities of hosting platforms. This book, Regulating Hosting ISPs’ Responsibilities for Copyright Infringement: The Freedom to Operate in the US, EU and China by Jie Wang is about exactly that. These questions of when an... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2019/09/around-ip-blogs_9.html September marks the beginning of the academic year and an official end to the summer break. To get you back into things, here is a summary what has been going on in the IP blogosphere over the past week! September, here we go again! Patents The Kluwer Patent Blog... Continue reading
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Swedish Patents and Market Court of Appeal requests CJEU to clarify concept of “public” in new CJEU reference

http://ipkitten.blogspot.com/2019/09/swedish-patents-and-market-court-of.html Readers may know that the InfoSoc Directive does not expressly define the concept of “public”: it may not be clear whether that concept should be given a uniform interpretation within the framework of this piece of legislation. Could that concept of “public” be different when it relates to an... Continue reading
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Drake sued for copyright infringement of a beat

http://ipkitten.blogspot.com/2019/09/drake-sued-for-copyright-infringement.html The aftermath of Blurred Lines continues, from Ed Sheeran, to Katy Perry, and now Drake is being sued for a beat…however, this case is slightly different in that Drake is accused of sampling without a licence, not copying a substantial part by recreating. Started from the Bottom Now We’re Here with the... Continue reading
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Has the EU lost its way on gene-editing?

http://ipkitten.blogspot.com/2019/09/has-eu-lost-its-way-on-gene-editing.html A year ago, this Kat reported on the surprise ruling by the CJEU that organisms obtained by gene-editing should be considered genetically modified organisms (GMOs). The consequence of this ruling was that gene-edited food products became subject to the stringent regulatory requirements laid down by the GMO Directive (Directive 2001/18/EC)... Continue reading
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Can Africa’s trade agreements handle regional integration?

http://ipkitten.blogspot.com/2019/09/can-africas-trade-agreements-handle.html On 31st May 2019, the Commission of the Economic Community of West African States (ECOWAS) launched its Regional Competition Authority – the ECOWAS Regional Competition Authority (ERCA). The ERCA was established to implement the Regional Competition Rules adopted by the ECOWAS Authority in 2008 to promote inter alia regional... Continue reading
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International jurisdiction in online EU infringement cases: CJEU rules that targeting may serve establish jurisdiction

http://ipkitten.blogspot.com/2019/09/international-jurisdiction-in-online-eu.html Will this Kat be competent to judge? When it comes to determining international jurisdiction in proceedings resulting from the alleged online infringement of an EU trade mark, where is the place of infringement, as per Article 97(5) of the 2009 EU Trade Mark Regulation (EUTMR, now Article 125(5) of... Continue reading
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Commons Clause in open source licences: business necessity or betrayal of software freedom?

http://ipkitten.blogspot.com/2019/09/commons-clause-in-open-source-licences.html Accommodation of new business models and technological advances has fundamentally disrupted the open source industry. Unlike on-prem solutions, which are installed in a user environment, cloud-based software remains hosted on the vendor’s servers and is accessed by users through a web browser. Because cloud-based offerings do not involve software... Continue reading