In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/event-report-tertulia-on-euipo-boards.html Earlier this week, this GuestKat was fortunate enough to attend the Tertulia on EUIPO Boards of Appeal Case Law at the EUIPO Liaison Office in Brussels. After an introduction by Mr Théophile Margellos, President of the Boards of Appeal, the Tertulia started with a presentation by Mr Gordon Humphreys,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/how-and-where-may-implementers-sue-for.html Earlier this week, the England & Wales High Court (Hacon J) handed down its decision in Vestel Elektronik Sanayi v. HEVC Advance LLC, [2019] EWHC 2766 (Ch). The case raises the interesting issue whether an implementer can sue for a FRAND licence, and if so, what would be the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/general-court-confirms-cancellation-of.html Did you think that the Rubik’s Cube EU trade mark saga was over? Of course not. Further to the 2016 judgment (C-30/15 P) of the Court of Justice of the European Union (CJEU) [Katpost here] and the return of the case to the EUIPO, yesterday the General Court (GC) issued... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/a-twist-with-apologies-to-chubby.html Kat friend Fredy Sánchez Merino reports on an interesting case from Colombia regarding communication to the public when public transportation is involved. Can the use of audiovisual works in public transportation be considered an act of communication to the public, such that a collecting society may demand the payment... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/the-african-regional-intellectual.html Last week, the African Regional Intellectual Property Organization (ARIPO) published the ARIPO Model Law on Copyright and Related Rights (the Model Law). The ARIPO member states are expected to adopt and/or adapt the Model Law for their respective national purposes. ARIPO Even though ARIPO warns states that “no part... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/guest-post-ip-education-series-2.html The latest installment of the IP Education Series is here (previous posts: Intro and #1). But, before we get into the post, myself and Ruth would like to thank those of you who have got in contact with us detailing your thoughts, comments, and contributions! Please continue to do so: we would like to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/guest-post-retromark-volume-vi-last-six.html It’s time for the sixth volume of Retromark, Darren Meale of Simmons & Simmons’ rundown of notable trade mark cases over the past six months. If you only read one legal document this month, read the latest Brexit Withdrawal Agreement, and go quietly weep for days gone by when... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/general-court-says-that-relevant.html In an intriguing decision delivered earlier this month, the General Court addressed, among other things, the question of the level of attention of the public of games and computer games. It concluded that, even if (most of) the relevant public displays a high level of attention, this does not... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/around-ip-blogs_24.html On the lookout for the next piece of IP news! Last week (and this week too) the standout topic of the IP blogosphere was the longstanding mishap between photographers and copyright. However, as always, there were a number of other interesting articles out there – you can find the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2019/10/breaking-uksc-finds-unilever-is-not-too.html This morning the UK Supreme Court handed down its decision in Shanks v Unilever ([2019] UKSC 45) concerning Professor Shanks’ long battle to receive compensation for his invention from his former employer, Unilever. Professor Shanks failed in his previous attempts to receive compensation at a UK IPO Hearing, in the Patent Court and in... Continue reading
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