Tuesday, 1 March 2016
Did you miss the IPKat last week? Don’t worry because - as usual - our dear friend and colleague Alberto Bellan is back with his Never Too Late feature, now on its 85th edition.
Here’s what happened on this very blog last week:
* AG Bot on the right of communication to the public in rehabs and the need for a 'transmission': is the end of Svensson in sight?
After hotels [here], dentist waiting rooms [here], and spas [here], it is now the turn for Advocate General (AG) Yves Bot to address whether availability of TV broadcasts in rehabilitation centres amounts to communication to the public. The case is Reha Training, C-117/15, and the Kat reporter is our precious Eleonora.
Merpel has been receiving a stream of rumours and hearsay since last week, indicating a serious bust-up between EPO President Benoit Battistelli and the members of Board 28 (the sub-group that runs the business of the Administrative Council). Notably, Mr Battistelli has apparently lost the crucial support of Mr Jesper Kongstad, the Chair of the Administrative Council, who had until now been one of Battistelli’s key defenders. The final meeting allegedly culminated in an ultimatum to Mr Battistelli to which he allegedly responded by walking out of the meeting.
* Blocking injunctions may be granted without need for claimant to demonstrate efficacy and dissuasiveness
Blocking injunctions in trade mark cases? Since the landmark 2014 decision of Arnold J in Cartier [here, here, here] (currently under appeal: the appeal will be heard on 13 April) it appears that indeed this type of measure is also available to trade mark owners, writes Eleonora.
* AIPPI Report: Go ahead, make my day! Mr Justice Birss encourages IP litigants to use the new Shorter and Flexible Trial Schemes
Danielle Lawson (Freshfields LLP) reports of the third of this year's AIPPI UK events, the star attraction of which was Mr Justice Birss, who spoke enthusiastically (and entertainingly) about the new Shorter and Flexible Trials Schemes.
"In Honour of Dieter Stauder," Patent Enforcement Worldwide is the third edition of Hart Publishing's country reports on patent enforcement practices and litigation strategies. Edited by Katfriend Chris Heath, this edition offers coverage of the implementation of the European Enforcement Directive and preparations for the Unified Patent Court. Nicola reports.
How is it that the name of Walt Disney’s iconic animated character became an accepted term of derision? Neil tells a fascinating combination of how copyright transmogrified into a commercially valuable name and trade mark, while in parallel the name entered the lexicon with such an uncomplimentary meaning.
The day when the UPC Preparatory Committee publishes the rules on UPC court fees and recoverable costs has come – and Annsley is here to tell you all!
PREVIOUSLY, ON NEVER TOO LATE
Never too late 84 [week ending on Sunday 21 February] – Domain Name Law and Practice | Unwired Planet v Huawei and Samsung | In memoriam of Justice Antonin Scalia | Celltrion Inc. v Biogen Idec Inc., F. Hoffmann-La Roche AG and Genentech Inc. | Design v Copyright in Italy | Unitary patent and double patenting | Regeneron Pharmaceuticals Inc v Kymab Ltd & Anor | IKEA in Indonesia | Eli Lilly v Janssen Sciences.
Never too late 83 [week ending on Sunday 14 February] – Indigenous IP | Arnold J's latest judgment flags down the iconic London black cab | Life of a national/EU trade mark ... in a map | A comprehensive explanation of trademarks | Actavis v Lilly.
Never too late 82 [week ending on Sunday 7 February] – PhD Student Seminar at CIPA | IP meets Antimonopoly law in Japan | German Federal Patent Court invalidates 80% of litigated patents | Inquiry as to damages: no longer a rare avis? | US trade secrets | Trends in IP Data | EPO's new Chief Economist | GIFs and copyright | Katcall for new positions in the IPKat team | Star Wars IP.
Never too late 83 [week ending on Sunday 31 January] – The AmeriKat from the Silicon Valley | INGRES conference on developments in European IP law 2015 - patents | Economics of UK creative industries |Stretchline v H&M | Merck KGaA v Merck Sharp & Dohme | Ethics in IP | Social dialogue at the EPO | Ms Potter's extended copyright | CJEU on TMs' genuine use | Replicating works in museums.