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Monday, 10 August 2015

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

With regular updater Alberto Bellan taking a well-earned break, this week's round-up of the previous week's substantive Katposts comes from IPKat blogmeister Jeremy. Last week was a pretty active one for the IP blogosphere, despite it being the August holiday season, so there's plenty to catch up on if you were away.  Discounting the regular round-ups, here are the serious blogposts. Enjoy!

Taking the pH? Trial judge's decision on psoriasis patent doesn't come up to scratch

In Teva UK Ltd & Another v Leo Pharma A/S [2015] EWCA Civ 779 the Court of Appeal for England and Wales warned against hindsight in its latest foray into the wonderful world of inventive step for patents. Merpel reports.


No traditional knowledge for hair loss treatment: another alleged attempt to patent traditional knowledge does not bear scrutiny

Darren takes a look at another allegation that the Traditional Knowledge Digital Library, a unit of the Council of Scientific and Industrial Research (CSIR-TKDL), had once again thwarted an attempt to get a patent -- this time on a medicinal composition containing turmeric, pine bark and green tea for treating hair loss. 


The AMBA Consultation on the Reform of the Boards of Appeal

AMBA (the Association of the Members of the Boards of Appeal) launched a consultation on its proposed new structure of governance for the Boards of Appeal of the European Patent Office.  Merpel has had a chance to purr-ruse the proposal: here she shares her thoughts.


From Robin Ray to Purple Penguin: a muddle over a commissioned logo

From Katfriend and one-time guest Kat Rebecca Gulbul comes this post on a recent decision of Judge Richard Hacon, of the Intellectual Property Enterprise Court, England and Wales, in Atelier Eighty Two Limited v Kilnworx Climbing Centre CIC & Others [2015] EWHC 2291 (IPEC) in a fight over ownership  of a logo.

Productivity Increase at the EPO: How and Why?

It was a busy week for Merpel, who takes time here to increase her own productivity by looking at productivity in the hard-pressed European Patent Office.


Lone Rangers and Invention

Ahh, the myth of the lone inventor.  Once a revered symbol of innovation and human advancement, now pushed sadly to the wayside of more compelling figureheads. Does this fallen hero suggest a wider change in the process of innovation?  Or do these heroes just need better publicists? Good questions from our pet Katonomist Nicola.

From Batsman to Biscuit: family frets as Foundation flourishes

Cricket series may be won or lost, but the legend of Sir Donald Bradman, now secured by a portfolio of IP right, can carry on forever.  The late Don's family are not so happy about this. Katfriend Emma Perot explains.


C-151/15: Most predictable CJEU order ever?

Is the least interesting copyright reference for a preliminary ruling ever to have been made to Europe's top court? Mark writes its obituary.


IP professionals: "exclusive" sounds classy, but "inclusive" is better

"We are a group of like-minded professionals working in IP, committed to improving equality, diversity and inclusivity in our community". This is the claim of IP Inclusive, an initiative that dates back to the beginning of this calendar year and which has only now fallen under the Kats' scrutiny. Jeremy opens the discussion.

No Air for Jordan: Michael Jordan Loses Fight over Marks in China

Basketball star Michael Jordan faces problems protecting his image in the world's most populous jurisdiction, writes sports-loving guest Kat Jani.


When performance is fear and trembling: performers and stage fright

Always prepared to be different, Neil considers the remuneration and legal position of performers -- and how their condition has been affected by the introduction of new technologies.

We’re still waiting for some help with lookalike brands, Baroness!

One-time guest Kat Darren Meale recites the problems faced by independent brands in recent times in the British Courts against lookalike specialists Aldi, reminding the UK's Minister for IP that these issues still await attention.


User Upload Platform-Lubbers Beware -- IFPI is Circling Safe Harbours

Is it somehow wrong or unfair to take advantage of exceptions to copyright infringement? The answer is, well -- it may be. Former guest Kat Kate Manning tells us why.


Crumbs! Bake Off parody goes off-air

The Sound of Music has now been silenced, as copyright owners object to BBC's marketing parody. Need the Beeb have been so cautious? Katfriend Rebecca Gulbul reports.

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PREVIOUSLY, ON NEVER TOO LATE 

Never too late 57 [week ending on Sunday 2 August] - French Law on out-of-print works | Swiss rule on delivery of scientific documents | Post-expiry patent royalties in the US | Confusingly similar wet-wipe packaging | Copyright infringement and Twitter jokes | Permission to link? | Criminalisation of IP and economics | Keeping count of blocked websites in the UK |Birkin Bags | Patentability of user interface designs in Germany |Smith & Nephew v ConvaTec | Report on IPEC litigation |does Twitter have a future? | New books on cyberespionage and patenting of life forms.


Never too late 56 [week ending on Sunday 26 July] - Private copy in the UK | IP statistics | India and TK | Copyright enforcement in Australia | Wobben Properties GmbH v Siemens PLC & Others Blue Gentian v Tristar Products | EU Copyright reform: IP or competition law?  

Never too late 55 [week ending on Sunday 19 July] - Traditional Knowledge and indigenous people | Traditional Knowledge in Canada | Traditional Knowledge and unbalanced dialogues | E-mail addresses as trade secrets | CJEU on essential patents in Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH | CJEU on disclosure of infringers’ bank data in Coty Germany GmbH v Stadtsparkasse Magdeburg Infocit - Prestação de Serviços, Comércio Geral e Indústria, Lda v OHIM | Moral ambiguity of trade secrets | CJEU on limits of TM exclusive right in TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd | Non-traditional trade marks in Japan.

Never too late 54 [week ending on Sunday 12 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.

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