For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Monday, 28 July 2014

Never too late! If you missed the IPKat last week ...

Here is the fourth in our weekly series of compilations by our good friend and former guest Kat Alberto who is currently endearing himself to all of us and incidentally making himself indispensable by summarising the feature posts (excluding the regular around-ups) that  appeared on this weblog over the previous week. Newcomers to this blog (welcome!) and those who were busy last week can see what they missed and decide conveniently for themselves what they want to chase up.  Last week's features are as follows:

Some weeks ago this weblog reported the first episode of the legal battle between YouTube and Delta TV, which owns copyright over a number of South American soap operas that were uploaded on the popular video platform without its authorisation. The First Court of Turin’s interim decision dismissed Delta TV’s claims. Here Eleonora tells how the interim appeal went, with the Italian court discussing the relationship between Enforcement and E-Commerce Directives, shields from liability available for new generation providers (once known as “active”) and, most importantly, a rather innovative approach to ISPs’ filtering duties under the E-Commerce Directive regime.


A modest celebration after the IPKat's page-view counter reached the stunning figure of 10,000,000. Merpel, Jeremy and all the present and past bloggers have a deep respect and affection for their readers -- and how sweet it is when their affection is reciprocated.


This is the third and perhaps final episode of Darren’s series on the role of “precedent” in the European Patent Office (‘EPO’) [the previous two posts are here and here]. This time Darren focuses on the issue of res judicata and how it differs from precedent, both from a common and civil law perspective. If you have not yet taken a look at this essential trilogy, here's your chance to do so.


Last week Jeremy broke the news of AG Cruz Villalon providing his Opinion in Case C‑364/13, International Stem Cell Corporation v Comptroller General of Patents, concerning the concept of “human embryos” under Article 6(2)(c) of Directive 98/44 on the legal protection of biotechnological inventions and, in particular, of whether “unfertilised human ova whose division and further development have been stimulated by parthenogenesis” fall into that category. In this post Annsley leaves the floor to the in-depth analysis of Shohta Ueno, an Associate in Allen & Overy's IP Litigation team in London, who helpfully summarizes the key points of the AG's Opinion and place his bets on whether the CJEU will follow suit.


Should the US have resale royalty (droit de suit) and generalised moral rights? Starting from the hearing held on 15 July in the U.S. House of Representatives Subcommittee on Courts, IP and the Internet, Marie Andrée portrays the colourful state of law and case-law concerning these two typically French non-economic rights -- the right of artists to profit financially from the subsequent resale of their work and “moral rights”, by which is meant here the rights of attribution and right of integrity for all works protected under US copyright law.


Eleonora covers a recent decision by the District Court of Rome, considering Wikimedia’s nature as hosting provider and its liability for alleged defamatory content appearing on the world's most famous open encyclopaedia.  


This is a hard-to-believe story about some Belize-based company attempting to register trade marks for the flight numbers of the two ill-fated Malaysian Airlines jets -- the recent MH17 downed in Ukraine and MH370, which mysteriously disappeared somewhere in the Pacific Ocean on 8 March. Jeremy considers this difficult story in light of the EU TM Directive and US Lanham Act’s provisions dealing with trade marks contrary to public morality. This post also concerns the very role of the IP professional when asked to deal with clients’ requests. Would you file an application for those unlucky flights’ numbers? And for “Titanic”? Do participate in this discussion, which has already attracted a significant number of comments.


After the Directorate General (DG) for Internal Market and Services of the European Commission released its much-awaited Report on the 9,500 responses to the Public Consultation on the Review of EU Copyright Rules, Eleonora launches a series of posts delving into what the respondents said. This first episode explains who participated to the consultation and their takes upon cross-border access to online content and the ‘making available’ and the ‘reproduction’ rights within the context of digital transmission.


The second episode of Eleonora’s series on Public Consultation on the Review of EU Copyright Rules’ addresses respondents’ takes on browsing and linking, particularly in the field of news. Eleonora explores the relation between the Consultation’s outcome and the CJEU’s landmark decisions in Svensson and PRCA, as well of ancillary rights over on-line news that is being discussed a bit all over Europe.


Here’s another ruling in the famous saga of Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2014] EWHC 2286 (Ch), concerning the alleged infringement of the UK club-operator Comic’s “The Glee Club” trade mark by the producers of the “glee” TV series [previous episodes here and here]. Earlier decision held TCF’s infringement of Comic’s trade marks, and Roger Wyand QC is now called to decide whether and how the claimant's requests for injunction, destruction of infringing materials, account of profits, disclosure of information, publicity order, and interim payment should be granted. He did so in a very proportional way, Jeremy thinks.


Rebecca writes about a professional YouTuber, Ms Phan, using other people’s songs in her videos and being sued by a label owning copyright on those works. Some time later, one of the artists who composed the allegedly infringed song pops up and endorsed Ms Phan’s activity against his own label, calling copyright a “dinosaur”. That’s evolution, baby.


Katfriend Aaron Wood (Swindell & Pearson) reports a recent decision in Enterprise Holdings v Europcar Group UK Limited & Another [2014] EWHC 2498 (Ch), where the Community Trade Mark Court, England and Wales, addressed the long-debated issue of surveys in IP proceedings of a trade mark.


Blackberry’s past misfortunes and Microsoft’s intention to eliminate 18,000 employment positions have diverging effects on brand image. This is not only as the vast majority of laptops have Microsoft’s operating system installed, but also because the company formerly led by Bill Gates justifies the lay-off with promises to expand into new business fields. What if those promises are not delivered, Neil wonders?


Merpel is a kitten that everybody in the IP Community knows, but this familiarity does not in any sense lessen her ability to spring a surprise. This time, she shows this weblog’s readers a bit of her knowledge of modern and medieval geo-politics, penning a most learned article on the curious little fiefdom of Eponia. with blurred borders and a buoyant economy based on IP tourism, Eponia is populated by restless inhabitants linked to their Leader through vows of stability and obedience. More or less like Game of Thrones, but without mass murders. So far. 

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