Wednesday, 12 April 2017
Been away and want to catch up on last week's IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 142nd edition of Never Too Late.
The conference on “Online Platforms and Intermediaries in Copyright Law” hosted by Ansgar Ohly and Matthias Leistner at the LMU Munich on 23 and 24 March 2017 shed light on several issues and challenges concerning current trends and developments in copyright law and intermediaries’ liability. Thanks Laura Jones for delivering us the very detailed report.
AmeriKat Annsley invites the “Fujifilm v AbbVie case followers” to join the Rapid Response event organized by AIPPI UK in London and to see “how this case/decision will effect you, your clients and future litigation strategies.”
Mark Schweizer is adapting (into Asian style?) – In mid-March, the WIPO published its statistics for 2016 for filings under the PCT, in which Asian again shows an extraordinary growth. Although the PCT statistics may not 100% reflect the actual patenting activities, “it shows from where the wind will be blowing”.
AmeriKat Annsley timely reports the UK IPO’s confirmation (March 31) that the Article 50 trigger will not impact the UK's present UPC ratification plans. Readers may also find the following lengthy yet energetic discussions quite readable.
Does Mr Justice Arnold's decision in Teva v MSD show just how large a role patent law has come to play in assessing SPC validity?
The ever-productive Annsley this time summarizes the “cool wind blowing from the Patents Court” – Mr Justice Arnold’s decision in Teva v MSD, which may give the SPC owners a tough time.
After reading the first few sentences of the opening paragraph, this InternKat knew that this post was from IPKat Neil Wilkof and it would be interesting. Between “achieving justice in the individual case” and “providing a general level of predictability and stability”, Jewish law tilts to emphasize the former's value – see Neil’s illustration (and his confusions) on a “pizza conflict”.
After scampering between several conferences and events about Brexit and IP, and the progress of the Unitary Patent and Unified Patent Court in the past few weeks, IPKat Darren Smyth has weaved the various points of views into a well-organized Q&A report. See also the comment area, where readers have shared some quite interesting perspectives too.
GS Media and its implications for the construction of the right of communication to the public within EU copyright architecture: a new article
Intelligent Kat Eleonora Rosati’s new article will be published in Common Market Law Review, in which she attempts to assess the implications of the GS Media decision: (1) in respect of linking, and - more generally - (2) the construction of the right of communication to the public.
“While a generation of stomachs continue to churn in the wake of an unplanned and, for her generation, unwanted exit from the EU, the AmeriKat turned to happier news from her European friends.” – Annsley invites her Danish friends Sture Rygaard and Emil Jurcenoks from Plesner reporting on the exciting new national trade secrets law that will come into effect following the EU Trade Secrets Directive.
Senior Kat Neil Wilkof “is always interested in following up on how national IP offices implement practice recommendations” – against this backdrop, his friend, Angélica Domínguez, from Dumont Bergman Bider & Co. in Mexico, reports on an interesting development on the standardized presentation of priority data.
No admission after the show has started - transfer of priority right must occur prior to filing of subsequent application (T 577/11)
Mark Schweizer expresses the Board of Appeal’s confirmation in T577/11 of the Article 87(1) European Patent Convention – the take-away for applicants and their representatives is that they better get those assignments signed prior to filing the subsequent application, or else the curtain falls on the priority claim.
InternKat Verónica Rodríguez brings readers the weekly routine that bring round-ups for the latest IP happenings and events.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 141 [week ending on Sunday 26 March] | UK Industrial Strategy | “What is this thing called love, this funny thing called love”? And while you're at it, what is a covenant not to sue? | The Perks of Being a Coffee Seller - Star Box | Telstra loses big in keeping its information confidential in Australian patent dispute |«Printed by Jouve» it’s not |Welcome clarification on the Malaysian law of well-known marks; but there is still judicial work to be done | BREAKING: US Supreme Court holds cheerleading uniforms eligible for copyright protection| Italian Supreme Court rules that mere reproduction of Vespa image may amount to counterfeiting|The Delhi University photocopy case comes to an abrupt end after publishers withdraw lawsuit |Traditional Knowledge: beware of patent protection | Wish to discuss GS Media and linking?|
Never Too Late 140 [week ending on Sunday 19 March] | Friday Fantasies | Kat konfusion regarding passing off: likelihood of confusion and the Starbucks (HK) case | Thursday Thingies | Wednesday Whimsies | First live blocking order granted in the UK |The scope of a well-known mark: not always as broad as some might wish | Monday miscellany | Around the IP Blogs | UK's IP Enforcement Framework-IPO Research Bid Opportunity (Update)
Never Too Late 139 [week ending on Sunday 12 March] | Friday Fantasies | Biosimilars and generics as "rip-offs": when the facts may not matter | UK's IP Enforcement Framework - IPO Research Bid Opportunity | Curtain - Merpel's final EPO post | Amgen, Pfizer, Alphabet and Uber face up to trade secrets in biosimilars, self driving cars and product launch plans | BREAKING: Politico publishes (part of) draft copyright report by MEP Comodini Cachia | Parallel imports are permitted--unless they are not: the case of SAMSONITE in Singapore | UPC to open in December - a triumph of hope over experience? | The KitKat shape mark – no merging of territories for proof of acquired distinctiveness
Never Too Late 138 [week ending on Sunday 5 March] | BREAKING: High Court grants declaration that products obvious/anticipated at claimed priority dates | TVCatchup 2 and the harmonising vision of the CJEU | Will the Arrow hit the Humira target? Find out tomorrow! | Corks popping following account of profits decision | "Kit Kat" finger shape marks: this time in Singapore | Two events in March | MIP International Patent Forum 2017 | More Than Just a Game - 2017 edition | INTA comes to Barcelona in May for its Annual Meeting (early bird registration, but not for long)
Photo courtesy of Laoshu-huahua.