The only thing that can equal Monday mornings in terms of pure depression is discovering that you've missed some Katposts that you would have adored reading if only you'd known about them. The IPKat round-ups, starting today, are the classical two-birds-and-one-stone solution. Every Sunday evening former guest Kat Alberto is kindly preparing, for the delectation of the readership, a list of all the feature posts published the previous week, followed by a short summary. Here's the first:
Departing guest Kat Darren Meale provides for a buzzfeed-wise list of five worth-knowing things
that blocking injunction enthusiasts should be aware of. They are: an update on
BREIN v XS4ALL and Ziggo litigation in
the Dutch Supreme Court; a Canadian decision ordering Google to remove links to
infringing websites worldwide; Google voluntarily removing links to Bayfiles; the relation
between Follow the money and IP enforcement; a luxury company seeking blocking injunctions under
section 37(1) of the Senior Courts Act 1981 for trade mark infringement.
Following
the debate inspired by Prof. Hugh Hansen’s lecture on Copyright and Public
Domain, former guest kat Alberto adopts a Liebniz-wise approach to portray current
relations between copyright holders and the rest of the world [copyright
not-holder and copyright haters]. We can call it war but we don’t actually need
to mean it, Alberto concludes, as things are going much better than what we are
usually told.
Software
patent decision Alice v CLS Bank finds its way to the world of comics thank to imaginative
kat-friend Julia Powles
and Wired.co.uk. Jeremy greatly appreciates
the idea and looks forward to enjoying other illustrated tales on CJEU’s
decisions.
Every six months the IPKat says goodbye to three guest Kats and welcomes three
new ones. He also lists a number of IP blogs in which various member of the IPKat blogging team have a role.
In
response to the call for translation launched here, talented Katfriend Johannes
Großekettler provides the IPKat with an English version of the Hamm Court of Appeal decision on (im)possible exhaustion of IP rights in digital goods
other than software. Eleonora seizes the chance, sinks her teeth into the
second decision post-Usedsoft and tries to figure out what comes next.
If
you were wondering what is going to happen in the next two years under the IPR
enforcement sun in Europe and beyond, Eleonora addresses here the 10 points of the EU Commission’s action plan “to better
protect and enforce intellectual property rights”. From internet enforcement to
follow the money, passing through national court procedure improvement and
making IP easier for SME. Who needs a magician, when you have the IPKat?
Jeremy
reports on the new episode of the YouView TV’s trade mark saga [on which see earlier Katpost here], this time starring the General Court. Likelihood
of confusion between the “YouView+” and “YouView” trade marks isn’t actually the
point here, as the GC focuses on the possibility to submit facts and evidence
after the expiry of the time-limits, as well as OHIM’s discretion in taking
them into account under Article 76(2) of Community Trade Mark Regulation 207/2009.
After a
sabbatical year, David is back on weblogging duty. His first post addresses
EPO’s decision T 1060/13, which in
turn puts in question EPO’s guidelines on interlocutory revision [the procedure
that requires EPO first instance departments to review appeals filed against
their decisions and take them back up if the appeal is well founded and
overcomes the stated reasons for the decision]. A revision for EPO Guidelines on
interlocutory revision is coming up, David says, so get ready to it.
There’s
a blond actress in the last chapter of the famous videogame GTA. Her favourite
pastime is escaping paparazzi, she enjoys using the F*** word and she can’t
stand without asking whether she is indeed overweight. “Oh my god, that’s
me!”, exclaimed Hollywood star Lindsay Lohan, who consequently brought
proceedings against the videogame’s producers in the New York Supreme Court [“supreme” is referred to the quality
of ruling, as it is a court of first instance], claiming infringement of her
right of publicity. Take a look at guest Kat Marie-Andrée’s first post to know
more about this ultra-sexy American tale.
An
electrifying story about trade marks for battery adaptors and chargers comes
from the UK IP Enterprise Court, Data Marketing and & Secretarial
Ltd and Winning Deals Ltd v S & S Enterprises Ltd and Selective Marketplace
Ltd [2014] EWHC
1499 (IPEC).
Is the “Jumpstar” trade mark descriptive in connection with devices
incorporating jumpstarts? Is it devoid of distinctive character? Can
registration in bad faith be claimed when the plaintiff’s trade mark is used by
someone else not involved in the proceedings? Jump to Jeremy’s note and start
reading it if you want to know the answers.
Oldies are not always goldies. David reports on the EPO introducing a new scheme to
improve legal certainty on pending patent applications with the aim to “issue all search reports and written opinions on
patentability within six months of filing” and priorities patenting process,
oppositions, limitations and revocations. All that is really welcome, says
David, even more so if it was matched by concrete time limits for
issuing actions and ensuring that the same elderly applications don't
subsequently go dormant.
Starting
from “Signs of the times: trends in technology IP
licensing”, an article that appeared in the July-August issue of Intellectual Asset Magazine, Neil explores the impact of
case law on patent value. Have US rulings from eBay to Alice pushed patent value down? And what about the situation in the EU? A highly valued piece for those who love patents -- and for those who do not.
Jeremy, this is really too much !
ReplyDeleteThank you Alberto/Jeremy for this. I was off work last week and the last thing I was planning to do was to trawl through hundreds of promotional and newsy emails, circulars and other miscellaneous junk in the hope of finding something that I might need to know about.
ReplyDeleteAs it happens, there wasn't anything of particular use to me in this round-up, but spending a couple of seconds checking through it put my mind at rest :-)
Didn't this blog try the same thing a few years ago and then stop? I found it quite useful at the time since it saved me reading through articles I thought might be useful or relevant, only to find that they ofteren were not.
ReplyDeleteYes, please, thank you -- one weekly post would be so much more convenient for those of us suffering from a frightening bloated Inbox.
ReplyDelete