Never Too Late: If you missed the IPKat Last Week!

Did the scorching weather last week keep you from keeping up with IP news? Not to worry, the 152nd edition of Never Too Late is here to update you on the IP latest!

The week started with Kat Mark reporting on the breaking news: German Constitutional Court stops implementing legislation for Unitary Patent Package. The signing off of the Unitary Patent package has been halted due to complaint considered not wholly without merit by the highest German Court. More to follow.

Kat Mark also reported on the conference "Innovation and Competition in Life Sciences Law" (pt.1 and pt.II), organised by the Center for Intellectual Property and Competition Law (University of Zurich) and the Center for Life Sciences Law (University of Basel). With its mix of academics, practitioners and industry representatives, the conference provided valuable insight in this field.

Bouncing to the tennis courts, former InternKat Nick brought us an insight on Special K and beyond: tennis brands. The tennis player Kokkinakis known as “Special K” and the famous cereal brand are possibly to be contenders on a Down Under trademark face-off. Who will win the tiebreak?

On to more breaking news, CJEU says that site like The Pirate Bay makes acts of communication to the public. The Court stated that the operators of said platform, playing an essential role in making the works available, are to be considered liable of copyright infringement. Kat Eleonora reports.

In a discourse over threats to competition, possible solutions and the applicability of the concept of “non-rivalrous goods” to data, Kat Neil discussed: The challenge of big data: we ignore it at our professional peril, underlining the great importance of this intangible asset.

Continuing on a very techie week, Katfriend Mirko Brüß reports that a German court orders Google to stop linking to Lumen Database. The Database, which collects and analyzes legal complaints and requests for removal of online materials, was according to the Higher Regional Court of Munich, misused by Google as it was used to provide access to infringing content.

Event report: Trends in the creative digital economy. InternKat Hayleigh participated to this event which explored “Trends in the Creative Digital Economy: Findings from the CREATe Research Programme” at the Digital Catapult Centre in London, combining research presentations and discussions with the launch of the Copyright and Innovation Network.

"Kat in a basket" Oil on canvas, 2008 ca. 

Following on Kat Hayleigh's report of the CREATe event, Kat Nicola tells A Tale of Stability - Business Models in the Creative Industries. She goes into detail on the results of her research presented at the conference, showing that in the new copyright digital era, business models are not changing.

A long quest for lost paintings sprinkled with adversities, court rulings and family ties. Guest Kat Mathilde tells us how a Paris Tribunal supports heir's claim to looted painting. After losing works of art as part of one the many seizures during WWII, one painting reappeared as part of a Parisian exhibition. The race that followed not to let the painting leave and to bring it back to the heirs of the owner is filled with strokes of adventure.

Rocking on towards the weekend, Kiss singer seeks trade mark registration for hand gesture. Guest Kat Mathilde analyses Mr. Simmons' application for the “devil's horns” trademark and contextualizes it with the usage of the very same gesture done in the music world in the past and also as a cultural gesture.


Weekly Roundups: Tuesday Wonders, Sunday Surprises


Image credits: Cecilia Sbrolli

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 151 [week ending on Sunday 11 June] Mozart and Other Pirates I TILTing Perspectives 2017 report (1): The healthcare session I TILTing Perspectives 2017 report (2): The IP session and the Key Note I Application to amend nappy patent not so watertight - IPEC holds nappy patent invalid for added matter and lack of clarity I SugarHero and the Snow Globe Cupcakes - Copyright and Food Videos I Mr Justice Birss introduces the brand new FRAND Injunction in Unwired Planet v Huawei I French Counseil d'État invalidates decrees implementing law on out-of-commerce works I A Tight Squeeze: Matters of Comity and Justiciability I Life as an IP Lawyer: Milan I AIPPI/AIPLA Event: Copyright in a digital age - US and UK perspectives

Never Too Late 150 [week ending on Sunday 4 June] BREAKING: German court makes two (very important) copyright references to the CJEU I Implausibly incredible or just plain insufficient? I Marks misleading the public on the paternity of copyright works are fraudulent - say French Supreme Court I Should the court be indifferent to consumer indifference regarding the mark? I ‘Display At Your Own Risk’: A Tour into ‘Copyright Surrogacy’ I To UPC or not to UPC? That is the question... (Part 1) I Book Review: Patents for Technology Transfer I Event Report: Combat the Copycats

Never Too Late 149 [week ending on Sunday 28 May] IPSoc Event Report: The ever-evolving law on the "communication to the public" right | Nestlé loses yet another KitKat battle | Judge sounds alarm of weakened US patent system, while industry groups start amending Section 101 | BREAKING: Supreme Court limits US patentee's forum shopping capabilities | Shinder, Shinder, Shinder … will you ever be like Tinder? | US Supreme Court uses TC Heartland to blunt key troll tool, but will California welcome the next wave of troll litigation? | Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU | Big Data, products & processes: being a German patentee in the era of the Rezeptortyrosinkinase decisions | Life as an IP Lawyer: Singapore | Appointed Person issues first appeal decision in a design case | The meaning of "red carpet" in two and three dimensions: from Ancient Greece to Cannes | Judge Alsup driving forward Uber-Waymo trade secret dispute amongst "red flag" disclosure hearings | Monday Miscellany | Friday Fantasies.

Never Too Late 148 [week ending on Sunday 21 May] Book Review: Russell-Clarke and Howe on Industrial Designs I Scope of review by the General Court of decisions by the EUIPO Board of Appeal: the last act in LAGUIOLE I Dining out on trade marks - ZUMA - the own name defence for pets and groundless threats I The popular China copyright monitoring website 101 I Where are the women? Supreme Court hosts London launch of ChIPs with call to action to advance women in tech, law and policy I Br*x*t and brands – out of the EU in 680 days I In memoriam: Adolph Kiefer, Olympic gold medalist, innovator and inventor extraordinaire I Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? I German TV show allowed to call right wing politician 'Nazi sl*t', Hamburg court rules I Latest leak reveals that review of EU IP enforcement framework is currently in a deadlock I Sunday Surprises, Around the IP Blogs