"Economics is not heartless", writes Nicola, and she somehow proves that with this delicious post on the economics of traditional knowledge (TK) as it relates to indigenous peoples.After Nicola’s economic analysis, TK is immediately back on the agenda thanks to Katfriend Mira T. Sundara Rajan, who writes about the treatment of an indigenous minority culture in Canada.Bezos keeps applying solutions from the technology world to the challenges of newspaper journalism. Among these challenges: what role do subscribers’ emails play, wonders Neil.The trouble with TK is that there is a very unbalanced dialogue between the parties involved in the debate moving towards a proper international TK system, writes Darren. Following on from the first two TK posts of the past week (here and here), you can ponder over Darren’s current concerns on that issue.
* Shock ruling by top European Court: enforcing a patent is an abuse of process, except where it isn'tThe Court of Justice of the European Union (CJEU) has just delivered its judgment in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH. a reference from the Landgericht Düsseldorf on a matter of great concern to the standard-essential patent (SEP) community. Jeremy brings the breaking news.Here's a decision in Case C-580/13 Coty Germany GmbH v Stadtsparkasse Magdeburg, a reference for a preliminary ruling from the German Bundesgerichtshof seeking clarification as to whether national provisions allowing banks not to disclose alleged infringers’ data on the basis of banking secrecy is compliant with the ruthless IP Enforcement Directive.Jani has often pondered whether the mere use of a part of a trade mark, or the inclusion of a mark in a new variant of a name, could prevent the registration of a new mark. He has finally got his answer, kindly provided by the General Court in Case T-621/14 Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM.If you are keen to consider the moral ambiguity of trade secret protection and exploitation, especially where national interests are at stake, then this post by Neil is what you were waiting for.Jeremy explains Case C 379/14 TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd, a juicy trade-mark case where the CJEU focused on the boundaries of trade mark owners’ powers, providing guidance, among other things, as to whether the mere storage of infringing products may amount to trade mark infringement.Late on an otherwise quiet Sunday night comes Laetitia Lagarde’s second blog post from Japan (the first, on product placement, can be read here), where she is spending some time imbibing the local IP experience, making friends and practising her karaoke technique. This time, Laetitia tells us a bit about non-conventional trade marks.******************PREVIOUSLY, ON NEVER TOO LATENever too late 54 [week ending on Sunday 5 July] - Google v Oracle and Microsoft/Kyocera settlement | GC and Nagoya | Life Science IP Summit 2015 | (Kat)onomics of patents | Case T-15/13 Group Nivelles v OHIM | Case T‑521/13 Alpinestars Research Srl v OHIM v Kean Tung Cho and Ling-Yuan Wang Yu | Smith & Nephew Plc v ConvaTec Technologies Inc | Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC | EU reform on freedom of panorama and (Google) News ancillary right | 3-D Printing choked by IP? | Pro-Football Inc v Amanda Blackhorse et al. | Condoms made in Germany | the Beckhams’ IP.Never too late 53 [week ending on Sunday 28 June] - EU trade marks in Arabic in Case C 147/14 | Is UberPop a transport service? The floor goes to the CJEU | Is Michael Jordan’s ”Jumpman” logo a copyright infringement? | Plant variety in Case C‑242/14 | US Supreme Court on Spiderman patent | Hospira v Genentech saga | Are EU policy-makers fighting the right copyright battles? | The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd & Another | The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Ecotive Ltd.Never too late 52 [week ending on Sunday 21 June] - EU TM reform | Motivate Publishing FZ LLC and another v Hello Ltd | EPO’s Inventor of the Year: poll results | New network for new IP people | Delfi v Estonia | UPC fees | Smith & Nephew Plc v ConvaTec Technologies Inc | Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks | Actavis v Lilly | Council of Europe v EPO | Freedom of Panorama | TM reputation and brain scan | Case management decisions in the Lyrica case.Never too late 51 [week ending on Sunday 14 June] - GIs in France | IPBC Global 2015 | EPO recap | EPO and OAPI bff? | 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.
Monday, 20 July 2015
Once again we have the privilege of being able to depend on the wonderful services of our dear Katfriend Alberto Bellan, for carefully preparing this week's round-up of last week's substantive Katposts. New readers may not know that this service is specially designed for anyone who has missed the action last week through holidays or pressure of work and/or who now needs a quick catch-up. This, the 55th weekly summary, is what you've missed: