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

Dear IPKat followers, if you could not make time for your small IP doses last week, you don’t have to worry! The 156^th edition of Never Too Late is here to give you your weekly dose of IP in one go!

We started the week quite glamorously on the Promenade de la Croisette, where Kat Neil discussed A film is a film is a film: at Cannes, it's not that simple. This year, two Netflix films were competing in the Cannes Festival, but the on-line broadcaster’s presence for next year is not so steady. The philosophical question is: is a film still a film if it never sees the inside of a cinema?

My patent!

Back to court, Kat Mark reports that the BGH grants compulsory license in preliminary proceedings. The Düsseldorf Regional Court awarded pharma company Merck a compulsory licence to produce Isentress, an HIV-treatment drug. The court ruled that Isentress fulfilled the requirement of public interest as prescribed in the German Patent Act.

Continuing on with the chemical formulas, Guest Kat Stephen asked the question: An improved Improver? UK Supreme Court moves towards a UK Doctrine of Equivalents in Lilly pemetrexed battle. The post discusses the reasons for the unanimous conclusions reached in the  Eli Lilly v Actavis UK [2017] UKSC 48 case.

As the news about Google’s paid research was on all the headlines all around the World, Kat Nicola gave her own critical insight on the news on: The Smoking Gun - Is IP research the next tobacco scandal? The answer is: maybe not!

As the concern about health and safety threat caused by counterfeit products, Katfriend Dr Marina Perraki  introduces us to the special world of pesticide products, counterfeits and parallel imports and discusses the Regulation on counterfeit pesticides and how the matter was dealt with by the Greek courts.

In one of IPKat recurring topics, there were news of a New CJEU reference ... asking whether InfoSoc Directive envisages digital exhaustion. Kat Eleonora sets the scene and reports on the four preliminary questions which possibly will be decided by the supreme European Bench. Parties can make comments on the drafting of the questions. Look out for more updates!

Kat Eleonora, together with Katfriend and art law expert Gilberto Cavagna di Gualdana, discuss the question: Freedom of panorama in Italy: does it exist? While in Italy a formal exception to copyright on freedom of panorama does not exist, Mr. Cavagna di Gualdana discusses both the provisions of the Italian Copyright Act and Cultural Heritage Code. Hopefully freedom will be on sight!

The Enhancing access to 20th Century cultural heritage through Distributed Orphan Works Clearance (EnDOW) project, together with the Centre for Intellectual Property, Policy and Management (CIPPM) at Bournemouth University held a symposium revolving around the question whether: Can Crowdsourcing Solve the Orphan Works Problem? InternKat Hayleigh reports.

It is Kat Annsley’s turn to tell us that the EU IPO Observatory study finds trade secrets rule the roost over patents in Europe. This study had the aim to serve as a basis for the policy makers following the adoption of the European Trade Secrets Directive. The results uncovered interesting data but more is needed in order to achieve more definite results.

On to sweet news, Kat Friend Dario Palmas delighted us with the report of a Mock (culinary) trial at INTA 2017 which revolved around a dessert called “Hunting for truffles”. Get ready for the delicious hunt!

And finally, Guest Kat Rosie reports cereal-ous news from New Zealand.  Hundreds of boxes of Weetabix have been impounded as  Weetabix in New Zealand Customs dispute over local rival Weet-bix. The milk shall judge.

Weekly Roundups: Sunday Surprises

Image credits: Cecilia Sbrolli

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 155 [week ending Sunday 9 July] First application of the parody exception in Canadian law - long live Deckmyn!| "Big Box" not found generic or lacking distinctive character, but still .... | Changes to the Singapore copyright system: an update on the recent public consultations | he diplomatic crisis of Qatar and Gulf Cooperation Council's IP | Bundesgerichtshof's landmark ruling to hook extra-territorial patent infringement in Germany | BREAKING: Eli Lilly success as UK Supreme Court finds Actavis products directly and indirectly infringe pemetrexed patent | Monday Miscellany | Sunday Surprises

Never Too Late 154 [week ending Sunday 2 July] I Book Review: Patent Drawing Rules I German Supreme Court holds that extra-territorial delivery can result in patent infringement I Canadian Supreme Court holds promise doctrine "unsound" in AstraZeneca v Apotex Nexium dispute I EU General Court finds bad faith in VENMO trade mark dispute I “Correction” of expiry dates for granted SPCs now finally possible in Italy...sometimes I Book Review: The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act I Chanel victorious in California court battle against Amazon sellers of counterfeit goods I Simplifying Community Registered Design litigation in the UK - Spin Master v PMS I 77M v Ordnance Survey - access to justice for SMEs in IPEC I Canadian Supreme Court holds that Google can be ordered to de-index results globally I Life as an IP Lawyer: Copenhagen, Denmark I UK UPC ratification timetable to continue in September, while Prep Committee acknowledges German constitutional hold-up I Hendrix's portrait is original afterall say Paris Court of Appeal I Covfefe ... the trade mark?! I Injunction available after claimed licence fees paid - PPL v JJPB I Trademark application for the devil's horn withdrawn I Jo Johnson to continue as IP Minister I UPC Order on Privileges & Immunities placed before Parliament today I Celebrate 120 years of AIPPI in Sydney I Event invitation - The Pirate Bay communicates to the public: are there any more online infringement questions to be answered? I Re-using Amazon item numbers (ASINs) for similar goods can constitute trade mark infringement and passing off

Never Too Late 153 [week ending Sunday 25 June] | US Supreme Court holds provision preventing registration of disparaging trade marks unconstitutional | Wolfing down those veggies: it's a matter of the right descriptive term | A googol of generic questions in Ninth Circuit's Elliott v Google decision | Life as an IP lawyer | Former Constitutional Court judge weighs in on UPC ratification suspension | AG Szpunar advises CJEU to rule that a red sole may not be just a colour | Trump and his coat of arms | BMW wins appeal over use of trade mark to promote spare parts business | Around the IP Blogs | Saturday Sundries

Never Too Late 152 [week ending Sunday 18 June] German Constitutional Court stops implementing legislation for Unitary Patent Package | Conference report: Innovation and Competition in Life Sciences Law - Part I | Conference report: Innovation and Competition in Life Sciences - Law Part II | Special K and beyond: tennis brands | CJEU says that site like The Pirate Bay makes acts of communication to the public | The challenge of big data: we ignore it at our professional peril | German court orders Google to stop linking to Lumen Database | Event report: Trends in the creative digital economy | A Tale of Stability - Business Models in the Creative Industries | Paris Tribunal supports heir's claim to looted painting | Kiss singer seeks trade mark registration for hand gesture | Tuesday Wonders | Sunday Surprises