From October 2016 to March 2017 the team is joined by Guest Kats Rosie Burbidge and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Tian Lu and Hayleigh Bosher.

Monday, 11 April 2016

Never too late: If you missed the IPKat last week

Did you miss the IPKat last week? Fear not - the 91st edition of Never too Late is here!

Fordham 2016: Will purposive construction of Swiss-type claims save second-medical use patents? Heavyweight panel at Fordham weighs in on the future of second-medical use patents. Annsley reports.

AG Campos Sanchez-Bordona clarifies the "legal costs" to be borne by unsuccessful party in IP proceedings
How should legal costs and other expenses borne by the successful party in relation to IP proceedings be reimbursed by the unsuccessful party? Advocate General delivers opinion in United Video Properties, Inc v Telenet NV, C-57/15.

Batman v. Superman (versus Variety.com versus Barron's)
Neil Wilkopf considers the commercial success or otherwise of a collaboration between two of the world's biggest and most beloved superhero brands.

The Evolution of U.S. Law and the Bio-Pharmaceutical Industry
Mike Mireles takes a look at the past, present and future of Trade Secrets legislation.

Swedish Supreme Court uses three-step test to interpret restrictively freedom of panorama
Court rules that making images of artworks available through publicly accessible Wikimedia database unreasonably prejudices rightholders' legitimate interests, in that it deprives them of potential commercial revenue arising from the exploitation of such dissemination channels. Breaking news reporting from Eleonora Rosati.

Still a few days left to respond to Public Consultation on Enforcement Directive
The EU Commission needs you: deadline is 15 April 2016. Further details here.

AG Wathelet: linking to unlicensed content should not be a copyright infringement per se
Linking to unlicensed content? This is not in itself an infringement of Article 3(1) of Directive 2001/29 (the InfoSoc Directive), says Advocate General (AG) Melchior Wathelet in his Opinion in GS Media, C-160/15.

Life as an IP Lawyer: São Paulo, Brazil
Fabio José Zanetti de Azeredo (Salusse Marangoni Advogados) battles frustrations with delays at the Brazilian PTO, monitors how technological advances will fair with the government and dreams of taking a famous inventor to the Smithsonian.

Introducing the InternKats
The IPKat is delighted to announce the arrival of a brand new, freshly minted species of team member - the InternKats.

'Corn Thins' trade mark found to be descriptive
Emma Perot reports on CTM opposition: Corn Thins mark snaps under scrutiny of the Fourth Board of Appeal.

Book Review: Tourism and Culture in the Age of Innovation
Nicola Searle reviews a book that reminds us that our legalistic focus on IP, and innovation in general, is set in a wider context.

IPSoc Event Report: Kirin Amgen - the most difficult case Lord Neuberger ever had to decide
For those who missed it, Dan Byrne (Bristows LLP) has come to the rescue by summarizing the event

Note from AmeriKat: US Senate passes Defend Trade Secrets Act, while patent legislation lingers in Congress
The Amerikat rounds off a productive week reporting on the latest with the DTSA and patent legislation.
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PREVIOUSLY, ON NEVER TOO LATE

Never too late 90 [week ending on Sunday 3 April] – The Future of second-medical-use patents | Advocate General delivers opinion in United Video Properties, Inc v Telenet NV, C-57/15 | Batman v. Superman| Developing US Trade Secrets Legislation | Wikimedia & freedom of panorama | Public Consultation on Enforcement Directive | Advocate General (AG) Melchior Wathelet gives opinion in GS Media, C-160/15 | Life as an IP Lawyer in São Paulo | The Internkats | Corn Thins: descriptive? | Tourism and Culture in the Age of Innovation | Lord Neuberger's most difficult case | US Senate passes Trade Secrets Act

Never too late 89 [week ending on Sunday 27 March] – Cricket and copyright in England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor | Are business models simply jargon? | Singapore's IPOS ADR | Trunki case: the AIPPI's version | Goodbye OHIM, welcome EUIPO! | Actavis v Lilly | EU public consultation on neighbouring rights | Life as an IP Lawyer in San Francisco | Copyright in chess games | Trade surplus and IP | Fujifilm Kyowa Biologics v AbbVie Biotechnology.

Never too late 88 [week ending on Sunday 20 March] – CoA’s decision in Design & Display Limited v OOO Abbott & another | AG in McFadden C-484/14 on WiFi providers’ liability | Twitter on “Dronie” trade mark | Rationale and possible abuse of new US Trade Secret Law | CJEU in Liffers on moral rights | product placements | Sci-Hub IP saga.

Never too late 87 [week ending on Sunday 13 March] – UPC negotiations: Neil Feinson's version | Open Source Dogs | Myth, metaphor as drivers of innovation in IP | The Trunki case, i.e. PMS International Limited v Magmatic Limited | Loubutin case referred to the CJEU | German court refuses amendments filed on appeal | Italian Sharing Economy Bill | EPO Performance | IP in culinary recipes | Where has the patent troll gone? | Napp v Dr Reddy's and Sandoz.

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