The IPKat BLOG – Page 276

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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
In: The IPKat BLOG

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
In: The IPKat BLOG

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
In: The IPKat BLOG

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
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Monday Miscellany

http://ipkitten.blogspot.com/2019/07/monday-miscellany_22.html Lying in the sun but at the same time curious about events and new possibilities in the IP world? This post is what you are looking for … But before delving too deeply into it … Praise of The IPKat The IPKat is honoured (and flattered!) to report that... Continue reading
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Rome Court finds videosharing platform directly liable for content uploaded by users

http://ipkitten.blogspot.com/2019/07/rome-court-finds-videosharing-platform.html A few days ago, the Rome Court of First Instance (Tribunale di Roma) issued what might be one of the first, if not the first decision (RG 24711-2012, decision 14757/2019) in Europe, which has found a hosting provider – other than piracy-focused ones like The Pirate Bay – directly... Continue reading
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Guest post: YouTube shifts the burden: requires manual copyright claimants to timestamp the allegedly infringing material; simplifies the rectification process

http://ipkitten.blogspot.com/2019/07/guest-post-youtube-shifts-burden.html What is going on on YouTube? The IPKat is happy to host the guest post below by Thomas Key, a JD student at Chicago-Kent Law School, on recent changes implemented by YouTube on its platform in relation to copyright claims. Here’s what Thomas writes: YouTube shifts the burden: requires... Continue reading
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Never too late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/07/never-too-late-if-you-missed-ipkat-last.html Catch up with the recent developments in the IP world with the latest edition of Never Too Late! Trade marks In Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration, GuestKat Nedim Malovic analyses the application made for the word mark “Neymar”in class 25... Continue reading
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Has the Cat Got Your Copyright? The dilemma of animal-created works

http://ipkitten.blogspot.com/2019/07/has-cat-got-your-copyright-dilemma-of.html Our Kats have keenly reported on copyright disputes involving creations by animals, only to find that each time the claim stumbles over the same issue: there can be no copyright ownership without human authorship. Kat friends Bhavik Shukla and Iravati Singh share with us possible ways around this hurdle... Continue reading