Never too late: if you missed the IPKat last week

Last week was a little quieter than usual in terms of quantities of Katposts, as can be seen from the relatively short list compiled by the unceasingly diligent Alberto Bellan.  So here's the thirteenth in our series of weekly round-ups, designed to help you spot the most important posts for you if you were away from your computer last week but want to know which items are still worth your while to pursue:

* The Great British Vanishing Act: where has home-grown patent filing gone?

Statistics from the UK Intellectual Property Office reveal a downward trend in the number of patent applications filed by UK applicants, while corresponding numbers of European and PCT applications remain relatively stable. Jeremy gives the floor to Katfriend Peter Arrowsmith (a partner in London-based patent attorneys Cleveland), who investigates the reasons for this diminished appetite, while readers enthusiastically participate with their comments.

* Towards an Electronic Devices Flea Market in the Cloud? YODA says…YES!

U.S. Representative Blake Farenthold has introduced a bill in Congress, the Your Own Devices Act (YODA), which would amend Section 109 of the Copyright Act by providing that the first sale doctrine applies to any computer program enabling a machine or another product to operate. Marie-Andreé explains what the possible enactment of YODA would entail for the US digital market and consumers, also in light of relevant US case law upon digital goods exhaustion. 

* Would you believe? A view of what innovation will look like in 2025

On the basis of scientific literature and published patents, Scientificwatch.com drafted a report called “The World in 2025—10 Predictions of Innovation”, listing 10 innovative tendencies that could characterize our future. Neil seizes the chance to reflect upon the role of patents and trade secrets in providing information about cutting-edge developments -- are they more teleporting than scientific literature?

* 5 seconds of contact time is sufficient, says Arnold J

David reports on Compactgtl Ltd v Velocys Plc & Others [2014] EWHC 2951 (Pat), an Arnoldian decision of the Patents Court, England and Wales. This case concerns patent infringement and validity in the field of catalysts for hydrocarbon conversion and contains couple of interesting points on correction and amendment.

* Cigarette Trade Marks and Logos May Go Up in Smoke in France

The shameful and illiberal crusade against those who freely decide to smoke and lawfully sell smoking products continues. In this episode of the series [which Alberto suggests rebranding “The Smoky Decline of Western Liberties”] Marie-Andreé reports that the French Health Minister intends to order that all the cigarette packages must have the same shape, size, colour and typography. Steps toward neutral packages have been made in the UK and EU, and IP is as involved in this issue as constitutional freedom of choice. 

* (Red Nose) Day In Court

In some countries, Red Nose Day is an annual telethon to raise money for charity. Some people wear the red nose as a sign of their support of the charity. Similar initiatives take place in other parts of the world. In Australia, the “Red Nose” trade mark is being litigated in proceedings concerning, among other things, non-use. Rebecca tells us how it is going.

* Private copying levies in Spain and that new CJEU reference

As reported by this blog, last week the Spanish Supreme Court referred two questions to the Court of Justice of the European Union, asking whether fair compensation for private copying secured through annual public grants via the State budget complies with Article 5(2)(b) of the InfoSoc Directive. Eleonora leaves the floor to Katfriend Javier Ramirez, who explains the preliminary views expressed by the Spanish Supreme Court at the time of making this reference.

* Scientology controversy

In Australia and New Zealand, the word ‘ANZAC’ refers to the Australian New Zealand Army Corps, and specifically to the soldiers who served in World War I. That term is also protected under an Australian law, which is something that Scientology most likely did not know when its devotees decided to use the very same term ‘ANZAC’ for one of its fundraising campaigns to build a Scientology centre in Auckland. Rebecca gives us the details.