From March to September 2016 the team is joined by Guest Kats Emma Perot and Mike Mireles.

From April to September 2016 the team is also joined by InternKats Eleanor Wilson and Nick Smallwood.

Monday, 1 August 2016

Never Too Late: if you missed the IPKat last week

Filed your Article 28 Declarations? You may have to do them again... 
The key IP news stories from last week
in one handy package


The EUIPO has recently moved the goalposts on Article 28 and everyone who has reviewed portfolios and filed Article 28 declarations may need to redo the job. Former Guest Kat Darren Meale of Simmons & Simmons explains. 

Costs of ISP blocking injunctions: is there really an EU rule? 

Does EU law support the court's decision that ISPs rather than rightsholders should pay should pay the costs of a blocking injunction? Eleonora Rosati brings you up to speed with the Court of Appeal judgment in Cartier.

Friday Fantasies

News roundup from Nick Smallwood: IPWeek Singapore, IP & international investment law, US inaugurates Anti-Counterfeiting Month, NZ Trans-Tasman Patent Attorneys (Amendment) Bill & Report from the Case Management Hearing on the legal challenges to Brexit.

Patent Litigation as a branding tool: Huawei v Samsung

Claim and counterclaim in Huawei v Samsung. Neil Wilkof ponders the extent to which brand recognition is a factor in this latest edition of the smartphone wars.

Hospira v Genentech: revocation of patents confirmed on appeal

Birss J, at first instance, found that it was obvious to screen a particular selection of possible drug formulations to determine which is most stable. Darren Smyth explains why this decision was upheld on appeal.

BREAKING: Mr Justice Arnold refers questions on Article 3(b) SPC Regulation to CJEU

The Amerikat brings you exciting end of term news from the Patents Court.

Book Review: Trade Secret Protection

Nicola Searle says this book will appeal to the reader eager to access synopses of trade secret protection in key jurisdictions, and in particular non-English speaking ones where information may be less readily accessible. 

Gotta catch 'em all without infringing copyright: Pokémon and Freedom of Panorama


Players who catch Pokémon in front of copyright protected sculptures and buildings in countries which do not have Freedom of Panorama, and take a photograph of their capture, are infringing copyright. Emma Perot explains. 

PREVIOUSLY ON NEVER TOO LATE

Never too late 106 [week ending on Sunday 24 July] | Innovation & IPRs in China & India: Book Review Paris Tribunal rejects request to filter 'torrent' searches on Bing | Red colour mark reinstated in Germany | Update on Napp v Dr Reddy & Sandoz Litgation | Patent jurisdiction tussle in Rhodia v Molycorp | Decision on ISP liability from Rome | Copyright in the Animal Kingdom 

Never too late 105 [week ending on Sunday 17 July] High Court rejects Seretide combination colour mark in Glaxo v Sandos | Conference report: Should you arbitrate FRAND terms? | Friday Foghorn, including UK IPO invitation for IP valuation research bids

Never too late 104 [week ending on Sunday 10 July] e-Sport in the French Digital Republic Bill | Aspartame is back -- and is Pepsi playing by a new branding playbook| The USPTO moves to clear "Trademark Deadwood" | Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases  An opportunity for IP scholars seeking future careers | CJEU says that operators of physical marketplaces may be forced to stop trade mark infringements of market-traders | Book review: the law and practice of trade mark transactions | Own name defence in Singapore| Cartier rapid response event | AG Wathelet on out of print books | Maccoffee: McDonalds not loving it

Never too late 103 [week ending on Sunday 3 July] | Publicity Rights v First Amendment EU Trade marks Article 28 Declarations | Non-EU UK in the UPC? | Book review: IP Strategy, Valuation and Damages | Brexit and Copyright | In memoriam of David Goldring | Openness, innovation and patents

Never too late 102 [week ending on Sunday 26 June]  | Neighbouring rights for publishers | US Supreme Court makes it easier to obtain patent enhanced damages | US Supreme Court in Halo and Kirtsaeng makes IP victory sweeter for successful parties | Enlarged Board publishes decision: EPO President violated judicial independence | Dear Europe... UK leaves the EU | Dear UK... 

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