In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/ed-sheeran-us-music-copyright.html Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied – covered here. As such, the case proceeded... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html A recent decision relating to bone regeneration therapy from the Boards of Appeal considered the correct approach to the assessment of second medical use claims. The Board of Appeal in T 0558/20 favoured an approach whereby the novelty of a second medical use should be assessed as a whole and not be... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/the-conceptual-comparison-to-be-or-not.html Until technology catches up with the law and tactile as well as olfactory marks can be registered, the assessment of the similarity of signs is limited to a visual, phonetic and conceptual comparison. Among these three, the conceptual comparison seems to be the one that plays the least important... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/ip-focused-era-events-return-in-fall.html Trier, Germany’s oldest city The IPKat is always interested in the activities organized and delivered by the ever-busy Katfriends at ERA in Trier (Germany) and is pleased to let readers know that the following will take place over the Fall: European Patent Litigation Certificate The first is the European... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/guest-post-german-court-fiends-online.html The IPKat has received and is pleased to host the following post by former GuestKat Mirko Brüß (Brüß Law) concerning a recent German decision tackling the vexed issue of when an internet platform operator may be held directly liable for IPR infringements. Here’s what Mirko writes: German court finds... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/sunday-surprises.html As the summer winds down, we invite you to go through some IP news and events to get your schedule full and exciting for the autumn! Image courtesy of Riana Harvey Conferences Emerging issues in licensing and enforcement of SEPs in the context of IoT development “Emerging issues in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/when-homage-might-be-short-step-away.html If this Kat were to draw up a list of the types of work most likely to be the subject of copyright infringement proceedings, photographs would be quite high if not, in some countries, even at the top of the list. Famous examples include the red London Bus, the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/data-science-needs-law-reflections-on.html Discussions around artificial intelligence (AI), data science, machine learning, text and data mining (TDM), etc. have made things so that everyone most are aware that access to data is imperative for these activities. In this regard, the role of legal frameworks such as copyright law, data protection laws and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/keeping-up-with-belgian-patent.html While the AmeriKat is still recovering from2020, her Belgian Katfriends sum-up what was2022 in Belgian patent litigation ‘Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/08/never-too-late-if-you-missed-ipkat-last_23.html Here is a brief recap of the topics covered last week on The IPKat. Confidential Information Image by Riana Harvey Annsley Merelle Ward discussed the recent decision Mimo Connect v Burley & Ors [2023] EWCA Civ 909 and in particular the fact that facts are everything in confidential information... Continue reading
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