Never Too Late: If you missed the IPKat last week!

Enjoying the latest IPKat wrap up......... 

Missed the latest IP news? Here’s the 118th edition of Never Too Late!

Rome Court of First Instance rules that copyright exceptions for news reporting and criticism/review do not apply to entertainment TV programmes

The Rome Court demonstrated the narrow scope of Italian copyright exceptions for news reporting and criticism/review in the case of Mediaset vs Gruppo L'Espresso, finding that TV programmes could not benefit from either of these exceptions.

It's a gas! The Nobel Memorial Prize in Economics

Economists Oliver Hart and Bengt Holmström were awarded the Nobel prize in economics for their work on contracts. Their studies have examined how contracts affect relationships between employers, employees, societies and governments.

Around the Brexit Blogs and Related Events

A round up of recent IP issues relating to Brexit and two upcoming events focusing on the impact of Brexit on IP.

Is there a competition law issue lurking on the horizon of cloud computing?

Neil considered if we are on the cusp of a potential competition law problem in the area of cloud computing services, as recently reported by The Economist in an article on Amazon Web Services.

Thursday Thingies

A round-up post of the week's news and forthcoming events.

Do declarations of non-infringement work for trade mark litigants?

Two recent English cases, Karen Millen v Karen Millen Fashions Ltd and Skyscape Cloud Services Ltd v Sky Plc, indirectly consider Declarations of Non-Infringement in relation to Trade Marks.

A close look at survey methodology for proof of acquired distinctiveness

The German Federal Court of Justice's decision in Sparkassen Group/Banco Santander, regarding a dispute over the validity of Sparkassen's colour mark "red" for financial services, looked closely at the proper methodology of consumer surveys designed to prove acquired distinctiveness.

BGH rules for patentees on appeal – again

The German Federal Court of Justice overturned two decisions by the Federal Patent Court when correcting the fact finding of the lower court and invalidating the patents in question for lack of novelty.

A croissant-doughnut by any other name

The Cronut comes to the UK! US-based Katfriend Matthew Hintz informed us of the Trade Mark saga of the croissant-doughnut hybrid.

General Court confirms that body-builder silhouette cannot be registered as a trade mark for nutritional supplements

Katfriend Nedim Malovic updated us on the judgment of Universal Protein Supplements Corp v European Union Intellectual Property Office Case, T-335/15, EU:T:2016:579, concerning an application to register a figurative sign representing a body-builder as a EU trade mark.

The proposed press publishers' right: is it really worth all this noise?

The EU Commission has proposed a directive on copyright in the Digital Single Market that intends to introduce a new related right in press publications into the EU copyright framework.

Servier successful before Henderson J in introducing defence based on the Department of Health's prescribing/reimbursement practices

The recent case of Secretary of State for Health and Others v Servier concerns the intersection of patent rights and antitrust claims, and the first occasion on which prescribing and reimbursement matters have been raised by way of defence in a claim made by public healthcare authorities against a pharmaceutical company.

Can the Curve combat piracy?

Book Review: Nicholas Lovell’s The Curve.

Academics stress importance of preserving consistency and integrity of EU framework on content monitoring

A group of EU-based academics published a letter addressed to a number of EU institutions in the aftermath of the release by the EU Commission of the second copyright package.

PREVIOUSLY ON NEVER TOO LATE

Never too late 117 [week ending on Sunday 9 October] | The Commission's DSMS and CJEU case law: what relationship? | Generic marks as valuable commercial information | Other people's computers | Compared to Svensson, GS Media is not that bad after all | Introducing our new InternKats! | C-223/15: no EU-wide confusion, no EU-wide injunction

Never too late 116 [week ending on Sunday 2 October] | Book Review: WTO Dispute Settlement and the TRIPS Agreement | The IPKat team news: new arrivals and farewells | Brexit - who has the power to change UK law? | Book review: Computer Crimes and Digital Investigations | European business urge continued UK involvement in UPC on eve of Competitiveness Council meeting | Wednesday Whimsies | Book review: Global Governance of Intellectual Property in the 21st Century

Never too late 115 [week ending on Sunday 25 September] | Book Review: Arnold reviews “Economic Approaches to Intellectual Property” | The English approach to obviousness – It all depends on the facts? | AIPPI Congress Report 3: Biosimilars – similar but different? | AIPPI Congress Report 4: Lawyers who lunch – role of experts in litigation and the EPO in the 21st Century | Law & Economics – The Italian Edition | Friday Fantasies | Latest thoughts about Brexit and the UPC | Eye ‘should’ve’ done that! – Specsavers nears approval to trade mark single word “should’ve” & “shouldve” | A song of Ice and Ice | ChIPs Global Summit Report 3: Congratulations – your patent has been allowed, when is it finally final?

Never too late 114 [week ending on Sunday 18 September] | Commissioner unveils new copyright package | Open letter from Wikimedia et al on copyright package | Globalisation, Globalisation, Globalisation| Philip Morris loses investment arbitration | EPIP highlights | 20 million thanks | Tea & trade secret theft | Patent quality conference | free wifi networks & copyright infringement | Chiefs in Intellectual Property summit | Innovation and its discontents | GS Media rapid response event summary | AIPPI Congress reports