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, 27 June 2016

Never Too Late: If you missed the IPKat last week

Is it safe to come out yet?
You could be forgiven for being too distracted by the last week of news to catch up with IPKat... but not to worry! Never Too Late 102 is here with what you missed.


 Neighbouring rights for publishers: are national and (possible) EU initiatives lawful?

Eleonora Rosati explains the limitations and restrictions on introducing a sui generis neighbouring right for publishers. National initiatives may fall short, but introduction at the EU level could be possible.



The Pendulum Swings: US Supreme Court Makes it Easier to Obtain Patent Enhanced Damages

The US Supreme Court unanimously rejected the Federal Circuit's standard for obtaining enhanced damages for willful infringement in Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer (Halo). Mike Mireles puts the decision in context - a swing by the Supreme Court away from anti-patent sentiment.
 


US Supreme Court in Halo and Kirtsaeng makes IP victory sweeter for successful parties


Amerikat Annsley Merelle Ward explains the additional factor sweetening the success for successful litigants, now the US Supreme Court has lowered the hurdles for both patent enhanced damages and recovering attorney's fees in copyright cases.



Enlarged Board publishes decision: EPO President violated judicial independence

Merpel bring us the latest decision from the extraordinary "House Ban" disciplinary action. The Enlarged Board of Appeal refused to make a proposal to terminate the appointment of the Board Member, ordered reimbursement of his costs, and ordered the decision to be published. You can find the document here.





We are so, so sorry. The UK has voted by a narrow margin to leave the EU; IPKat will continue to report for the global community and chart the future territory for IP.




The IPKat has been so grateful to receive so much support from our European IP colleagues at this turbulent and uncertain time. Sven Klos writes:
We must rid ourselves of unconstructive criticism and the mortal danger of taking everything our union has achieved for granted. We must rediscover, love and cherish it.




PREVIOUSLY ON NEVER TOO LATE

Never too late 101 [week ending on Sunday 19 June] Procedure to remove EPO Board Member ends abruptly | Trade mark "bully" | EU Trade Secrets Directive | Cannibalism, Branding and Market Segmentation | A-G Szpunar declares Rubik's Cube shape mark invalid | Apple and the podcast industry | IP Inclusive | Coke defends opposition to 'ZERO' marks

Never too late 100 [week ending on Sunday 12 June] 5G wireless technology | European Commission Update: Revised SPC tender now open | CJEU considers implemetation of the private copying exception | CJEU gives guidance for communication to the public cases  Google's fair use defence succeeds against Oracle | The state of patent valuation | EPO's plans to restrict post-service employment | Tuesday tiddlywinks (pirates and cake)| Is obscurity a greater threat than piracy? | Justice Slade delivers judgement in Arthur J Gallagher Services v Skriptchenko 

Never too late 99 [week ending on Sunday 5 June] German Constitutional Court sends sampling saga into another loop | Who should pay for the independence of the Boards of Appeal? | Sorry not sorry - Justin Bieber and Skrillex deny copying | CJEU gives guidance for communication to the public cases  Series marks are a bundle of separate marks, says Court of Appeal | Paying for peace of mind? C-567/14 | Life as an IP Lawyer: Dusseldorf, Germany | ISP's delay in removing content can remove safe harbour | Avengers: when is confusion not confusion? | De Minimis sampling of sound recordings is not infringing, says Ninth Circuit

Never too late 98 [week ending on Sunday 29 May] Are academic publishers liable for ginormous damages? | Update on UPC's draft code of conduct | Implications of new EU and US trade secret legislation | CJEU reference over Schweppes trade mark | New transfer and triage process for IPEC| Thursday Thingies | IP (Unjustified Threats) Bill: from the horses mouth | New Master of the Rolls | PRINCE's personality rights | EU Council adopts Trade Secrets Directive | Book review (copyright lawmaking) | Nominative Fair Use defence in trade mark law

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