The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Wednesday, 4 April 2018

Around the IP Blogs!


Not only was last week overloaded with chocolate eggs and other Easter joys (and even some matzo); the IP world was fruitful as well. A number of seminal decisions, forum discussions and modern technology considerations all took place. Let’s take a sneak peek at the IP blogo-globe. The IPKat is in search of some food for thought!

Trade Marks

Marques Class 46 brings an update from the European Observatory Private Sector Representatives Meeting, where industry experts and specialist stakeholders discussed such topics as the upcoming The EDB Forum, IPR TechWatch, and EUIPO’s Blockathon competition.

Kluwer Trademark Blog reflects on the first-ever ADR domain name proceedings to have taken place in Slovakia. The case involved a dispute over the domain name <vogue.sk>, where the owner of the VOGUE trademarks sought the transfer of the disputed domain name. The Panel of Experts decided in favour of the complainant.

Patents

IP Finance offers an interesting discussion about  SEPs in the context of the upcoming 5G communications technology, which carries a promise of an enhanced mobile broadband, ultra-reliable and low-latency communications, and Massive Machine Type Communication in the Internet of Things.

When 4G is not enough
Kluwer Patent Blog publishes the last (fifth) post of the series on the EPO’s vision and the current situation, this time dealing with the issue of EPO and trust, and trust-building measures such as transparency, fairness and respect.

Copyright

Patently-O updates its readers on the latest developments in an Oracle America, Inc. v. Google LLC saga. The Federal Circuit reversed an earlier on-remand decision in favour of fair use, hence essentially going all-in on the issue of copyright infringement when it comes to software. This opinion comes on the shoulders of the same panel’s previous opinion concluding that Oracle’s API packages meet the requirements for copyright protection. 

Technology and Marketing Law Blog offers a critical overview of a U.S. Court of Appeals for the District of Columbia decision in Spanski Enterprises Inc. v. Telewizja Polska S.A.. The ruling arguably makes geoblocking de facto mandatory for anyone acting on the internet who makes content available and wants to avoid liability for copyright infringement.

The 1709 Blog reflects on the reforms associated with a fair dealing exemption in Canada and Australia. Federal Members of the Canadian Parliament have begun a mandated review of the Copyright Act, and one issue MPs are examining is the application of “fair dealing” exemption to classroom uses of copyright-protected materials. Meanwhile in Australia, 50 years after the passage of the Copyright Act 1968, the Government is now seeking commentary from the public in respect of how Australian copyright law can be modernised and updated. In a consultation paper published earlier this month, the Government highlights three areas of the Copyright Act which may benefit from modernisation: flexible exceptions, contracting out of exceptions, and access to orphan works (the latter issue having been discussed at length by Guest Kat Mathilde Pavis on IPKat, here).

A Kat's bathroom is his castle
JIPLP has published an Authors' Take post on the Versailles Court of Appeal decision, which addressed the copyrightability of a bathroom photograph. The court considered the originality of a photograph as expressed by the choice of  lighting, framing, angle, highlighting of specific items, creating a determinate ambience, and digital editing, and confirmed that the photograph of a bathroom could be protected by copyright, as understood under Articles L111-1 and L112-2 9 of the French Intellectual Property Code.

IP Lens analyses two recent cases (here and here), which were brought before the Italian Administrative Court of Lazio (TAR Lazio). The court faced a question whether copyright protection might limit the right to access software algorithms of interested parties in administrative proceedings.



Image credits: Tanya Kostina and Fofurasfelinas

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