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Monday, 25 May 2015

Never too late: if you missed the IPKat last week ...

Here, thanks to the unstinting efforts of our noble friend Alberto Bellan, the Kats are proud to present to you the 47th weekly round-up of the previous week's substantive Katposts. For those readers who have been experiencing a late May or Early Summer public holiday, this service is, we hope, both useful and logical, and should help you fill the knowledge gap with a minimum of inconvenience and discomfort.  Anyway, here's what Alberto has to say about those posts you might have missed:

David reports that Nicolas Sarkozy's party UMP has resolved to rename itself "Les Républicains". In response, other citizens of la République française seem to have taken legal action claiming "violation of the Constitution and the 1883 Paris Convention". Très chic.

* Hassan hassle? CJEU asked to rule on effect of non-registration of Community trade mark transaction

Is a non-registered licensee of a registered Community trade mark allowed to start infringement action against a registered licensee or against a non-registered infringer? Confused? Then read this post by Jeremy's for a quick comment on this brand-new reference to the Court of Justice of the European Union (CJEU).

* A test-drive for the Unified Patent Court: Part IV

Bristows' Alan Johnson and Alexandria Palamountain have already delighted the IPKat's patent-litigating readership with three earlier reports regarding the magical world of the Unified Patent Court (UPC) system, given a reality check [here,  here  and  here].  Now it's time for the fourth.

* Horological Horror Show for Swatch, while Panavision has a Ball

Valentina reports on the General Court of the European Union's decision in Case C-71/14, which saw the well-known SWATCH trade mark opposing to a mark application for 'SWATCHBALL'.

* A "transcendental moment" for "a very positive spirit", be it whiskey or Tequila

Jeremy breaks the news of radical developmeny concerning the Lisbon treaty on appellations of origin and geographical indications. 

* EPO revises proposals for renewal fees for Unitary Patents -- but does it really make any difference?

Merpel and the Kats are great fans of the debate upon the level of renewal fees for the Unitary Patent [see, eg, here]. Also, they feel so lucky to have many Katfriends at hand, helping them to follow the intricate sequence of proposals on that matter. This time, Darren hosts a post by Bernard McDonald, technical assisant at Gill, Jennings & Every, who reports on the issuance of the revised proposal.

* Colourless Copaxone in the clear: Teva's synthesis patents held to be (mostly) valid

The never-ending litigation between Synthon and Teva over Copaxone (glatiramer acetate) has already given us interesting and striking decisions from the Patents Court  [also here], the Court of Appeal in England, and also the US Supreme Court The parties have been back in court to fight over other patents, resulting in the decision Synthon B.V. v Teva Pharmaceutical Industries Ltd [2015] EWHC 1395 (Pat), which came out last week and which Darren reports in timely fashion.

* When functionality cuts deep, it can be hard to handle: Yoshida appeal dismissed

Valentina's back again to pen on General Court's decision in Joined Cases C337/12 P to C340/12 P Pi-Design AG, Bodum France SAS and Bodum Logistics A/S v OHIM, Yoshida Metal Industry Co. Ltd [on which see the IPKat's earlier post here]a trade mark dispute concerning a Community trade mark resembling a knife-handle.

* Do you value an invitation to the UPC court fees consultation event?

"CIPA, The IP Federation and the IPO will be hosting awareness-raising events for individuals and businesses to gain a better understanding the background of the UPC consultation, the details of the various elements contained within it and how best to get your views across", Annsley reports. 

* Disturbing news from Eponia: staff union under fire

Merpel has been having a quiet May, but has been rudely awoken from her frolics in the amiable grass of Lincoln's Inn Fields (her preferred place for Spring gambolling) by disturbing news from the European Patent Office.

* Does a patent professional need to raise the trade secret option with the client?

To what extent does an attorney who is engaged in patent matters have any duty or obligation to raise the trade secret option to a client and to counsel how the client might behave to protect is trade secret? If the patent professional is a licensed patent attorney but not a licensed lawyer, is he/she prohibited from providing legal advice on the trade secret aspects of a client’s invention? Delicious food for thought, kindly provided by our Neil.

* When the biter gets bit: Cross-undertakings in damages

The question of how a court will calculate damages upon lifting an interim injunction, when a cross-undertaking has been given by a right holder when obtaining that injunction, is a very relevant factor to the holder of an IP right. Right on these points, Katfriends in Wragge Lawrence Graham & Co., Paul Inman and Ailsa Carter, have summarised last week's decision from the Court of Appeal in AstraZeneca AB & Another v KRKA dd Novo Mesto & Another [2015] EWCA Civ 484.

* F1 ends up in hot water - no similarity to F1H2O

In Case T-55/13 the General Court of the European Union deals with Formula One Licensing BV's opposition against Idea Marketing SA’s Community trade mark application for 'F1H2O'. Valentina tells all.

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PREVIOUSLY, ON NEVER TOO LATE

Never too late 46 [week ending on Sunday 17 May] – Whyte & MacKay Ltd v Origin Wine UK Ltd and Dolce Co Invest Inc | "Three aspects of information: Current issues in trade secrets, client confidentiality and privilege" -- a new event | CJEU upon distribution right in Dimensione Direct Sales srl and Michele Labianca v Knoll International SpA| UK Supreme Court on Mere reputation and passing-off | 14 million kat-thanks | Actual confusion at INTA | Italy's twist on UP Package | Moral authorship over promotional spot in Italy.

Never too late 45 [week ending on Sunday 10 May] – INTA 2015 and the Kat | IP and Competition Law | Sky v Skype | CJEU v Spain| Digital Single Market Strategy | IPCom v HTC | European Qualifying Examination appealed | UPC fees | CJEU and 3-D marks | EPO Oral Proceedings.

Never too late 44  [week ending on Sunday 3 May] – Forgotten principles and histories, and the role of complexity in patent law | King's College copyright distance learning Course | Spain, Berne, and the non-discrimination principle | Novartis v Focus, Actavis, Teva | SUEPO keeps demonstrating | Popcorn's blocking injunction | Unprecedented pre-action disclosure application in Arnoldian Big Bus  v Ticketogo | World IP Day | EPO's sick leave policy compared | Google wants your patent | "BE HAPPY" trade mark | UK Green Party's Manifesto on copyright law.

Never too late 43 [week ending on Sunday 26 April] – C5's annual Pharmaceutical Patent Term Extensions Forum | UPC: patent attorney and client discuss | CJEU’s 2014 report | PUMA v PUDEL | Leaked Digital Single Market Strategy | Again, the EU Patent Package and alleged dangers| EU TM reform | Is Svensson’s new public ok? | OHIM’s rebranding | LV’s pattern as trade mark | EPO and trade unions | Patent and first-mover advantage | Libraries’ right to digitise their collection in Germany.

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