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.

Friday, 19 August 2016

Never Too Late: If You Missed the IPKat Last Week #Nevertoolate

Uber and Netflix: The challenge of becoming a global brand

'Tell JK I'm still rolling, tell Russell I'm a brand'. Becoming a global brand isn't as easy as Tine Tempah makes it sound - in this article, Neil Wilkof considers the difficulties Uber and Netflix have faced in their efforts to expand into new territories.

Are companies allowed to tweet about #Rio2016? 

Katfriend Oliver Löffel (Löffel Abrar) analyses the legal perils of tweeting using the hashtag #Rio2016 and explores how the position varies in different territories.

Compulsory collective management of copyright for images displayed by search engines: a French cultural exception to EU law 

Katfriend Olivia Klimis and Nicolas Lescot (De Gaulle Fleurance & Associés) take a look at new provisions in the French Intellectual Property Code (IPC) that regulate the publication of a plastic, graphic or photographic work by an online communication service. Do the new provisions comply with EU law? The post picks up where Eleonora Rosati left off in her post on the 2012 French legislation that allows  and regulates the digital exploitation of out-of-print 20th century books

BREAKING: Puns at the ready, Mr Justice Birss delivers epic CIALIS judgment 

At an eye watering 113 pages consisting of 491 paragraphs, Justice Birss's decision in Actavis v ICOS [2016] EWHC 1955 is recommended beach reading for those ready to jet off the south of France for their August holidays.

Norwegian Supreme Court: no "retransmission" without "transmission"


The Supreme Court of Norway has ruled that a TV cable distributor was not retransmitting broadcasts when it received content via an encrypted fibre connection and proceeded to broadcast it to the public. Ellie Wilson brings you the story.

CJEU: "Flat-rate" reimbursement for legal fees must cover a significant part of the costs incurred by the successful party 

In Case C-57/15 United Video Properties, the CJEU held that while Article 14 Enforcement Directive does not prohibit flat-rate reimbursement of legal costs per se, it sets limits on how Member States can set the flat-rate. Namely, the costs to be reimbursed by the unsuccessful party must be "proportionate", which means that they must cover "at the very least, a significant and appropriate part of the reasonable costs actually incurred by the successful party". Mark Schweizer explores how this ties in with the UPC's proposed ceilings on recoverable costs. 

Gathering evidence in patent proceedings? EPLAW's Europe/Japan mock trials may be what you need

September seems to be the month of mock trials, with at least three in the works as far as the AmeriKat is aware. An exciting mock dealing with the new world of biosimilars litigation will be entertaining the lucky attendees at this year's AIPPI's World Congress in Milan (more details to come). Only a few days later on 23 September 2016 in Paris, not one but four Mock Trials will be heard before Judges Shitara, Girardet, Grabinski and Hacon, respectively. Each hearing will address the topic close to any patent litigator's heart - gathering evidence in patent proceedings. The AmeriKat brings you the details. 


Never too late 108 [week ending on Sunday 10 August] Limerick Competition - the results | UK finally speaks out about the "facts" of IP post Brexit| Is "Deadwood really cluttering up trade mark registers? | Weekly roundup: Friday Fun 

Never too late 107 [week ending on Sunday 31 July] Article 28 declarations |Costs of ISP blocking injunctions |Friday Fantasies, featuring legal challenges to Brexit and  more |Huawei v Samsung |Hospira v Genentech |Questions on Article 3(b) SPC referred to CJEU |Book Review: Trade Secret Protection |Pokémon Go

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


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