Monday miscellany

1. Voices -- "EU Copyright Reform Proposals Unfit for the Digital Age."

"While the Proposed Directive on Copyright in the Digital Single Market (COM(2016) 593 final) contains a number of reasonable, common sense measures (for example relating to cross border access, out-of-commerce works, and access for the benefit of visually impaired people), there are two provisions that are fundamentally flawed. These show the direct result of lobby influence and do not serve the public interest." -- CREATe have now alerted us to a new OPEN LETTER TO MEMBERS OF THE EUROPEAN PARLIAMENT AND THE EUROPEAN COUNCIL, and here's a link to the form where academics can join the letter.

2. Call for views: News story -- Illicit IPTV streaming devices 

Calling for views...

The use of Internet Protocol television (IPTV) boxes to access illegal content appears to have increased in recent months.

A range of legislation applies to both the sale and use of these devices, but broadcasters and content owners have expressed concerns. They believe that the legal framework does not provide the right tools to tackle the growing threat.

The government is keen to understand where further action might be necessary to address this problem. The IPO is therefore seeking views from those with knowledge and experience in dealing with IPTV boxes. Details (pdf file) can be downloaded from here. 

3. WIPO Roving Seminars

There is still time to reserve a place at the New Zealand and Australia Roving Seminars on WIPO services, which will take place in Auckland on March 13, Wellington on March 15, Sydney on March 20, Melbourne on March 22, and Perth on March 24, 2017. There is no charge for registering or attending. 

In addition to the presentations and panel discussions, there will be opportunities for networking during the coffee break and lunch break. [Please note, these events and all documentation will be in English]. Additional information, such as the seminars’ programs and links to registration pages, can be found on the WIPO sites at: New Zealand and Australia.

4. New Call for Papers

Office of the Chief Economist (OCE) is editing a special issue on intellectual property (IP) with the International Journal of the Economics of Business. The special issue will focus on the economic impacts of IP on market outcomes, with a particular emphasis on incentives for innovation and the development of new goods and services. The scientific committee is interested in research focusing on all types of IP. See full details from here. Initial submissions should be sent electronically to Richard Miller at economics@uspto.gov, no later than April 30, 2017.

5. IPOS (Intellectual Property Office of Singapore) Express: 

* Case Summary – Bigfoot Internet Ventures Pte Ltd v Apple Inc.

Bigfoot Internet Ventures had put up an application for revocation of a trade mark “SHERLOCK” (referred to as the “Mark”) registered in the name of Apple Inc., claiming it was not put to use in Singapore for five years.

Sherlock was a software application integrated into version 8.5 of the Macintosh computer operating system (OS). Its two primary functions were to conduct internet searches as well as conduct file searches within the Mac. Sherlock was eventually removed altogether from Mac OS with the release of Mac OS X 10.5 Leopard in 2007. Sherlock is incompatible with Mac OS X 10.6 Snow Leopard and later versions of Mac OS. With the effluxion of time, obsolescence of Sherlock and indications that Sherlock has been phased out, IPOS’ Principal Assistant Registrar of Trade Marks, Ms See Tho Sok Yee, found that the Mark was not put to genuine use in the five-year period, 12 Mar 2010 – 11 Mar 2015. The registration of the Mark was therefore revoked from 12 Mar 2015, the date of application for revocation.

This case is interesting as it was acknowledged that online, post-sale support in the form of upgrades and updates of software could potentially amount to evidence of use in Singapore. The full decision is available online here. 

* Trade Marks Case Guide (1st Ed: 2017)

The Hearings and Mediation Group (HMG) at IPOS has recently released a new resource for IP practitioners acting for clients in contentious trade marks proceedings before the registrar at IPOS. The Case Guide serves as a quick reference topical guide focussing on two main areas:

- IPOS-HMG practice and procedure (with reference to the relevant IPOS decisions);

- Legal and evidential points of interest which have arisen in IPOS decisions

A link to the Case Guide can be found here.

6. Seminar Express: 

28/3/2017 -- Linking After GS Media: Clear (and Happy) at Last?

The Intellectual Property Lawyers Organisation, London (UK)

24/4/2017 -- Invited by Dr Eleonora Rosati, Antti Härmänmaa (Head of IP at Sanoma) will deliver a guest lecture on the seminal CJEU decision in GS Media. For more information or if you wish to attend, please contact Dr Eleonora Rosati: e.rosati@soton.ac.uk

7. IP Ball 

Location: De Vere Grand Connaught Rooms, Holborn, London

Time: Saturday 15th July

To whom: All IP professionals are welcomed.

The Facebook event page can be found here.

Photo courtesy of Ms. Nyske Blokhuis.