Around the IP Blogs

As usual, here is the IPKat's overview of news reported Around the IP Blogs!

This week's Copycat (part one and part two) of the 1709 Blog, brings us a polyhedric collection of copyright issues, among others, Eminem suing a political party for infringement, concerns in the pagan community and the staggering pirating of books in Nigeria. Enjoy!

Proposed press publishers’ right: a workable solution? IPKat's own Eleonora reports on the JIPLP Blog an article excerpt by Dr. Pihlajarinne. The article focusses on the implications of the proposed Copyright in a Digital Single Market by the EU Commission, namely the difficulty of reusing news content without committing an infringement.

Marques blog reports on two interesting trade mark disputes, one concerning the pun intended wine names in the Netherlands, ZoMerlot and Summerlot. The other, a Finnish Supreme Court trade mark ruling concerning three dimensional marks and likelihood of confusion between goods.

"I just need a couple of minutes to do my hair" (Merpel)
If you are interested in claim construction, PATENTLYO published two pieces on the topic, En Banc: constructing claims and Jepson Claims (Part II).

Onto more practical issues, IP Draughts in Transactions in IP: an incoherent, statutory mess, points out at the incoherences and shortcomings of the provisions regulating IP transactions in the UK and also raises some important questions on the matter.

Is Article 3(d) of the SPC Regulation to be interpreted as permitting the grant of an SPC where the marketing authorisation referred to in Article 3(b) is the first authorisation within the scope of the basic patent to place the product on the market as a medicinal product and where the product is a new formulation of an old active ingredient? The SPC Blog reminds about the Call for comments for C-443/17 (Abraxis Bioscience), open until Wednesday, September 6th 

And finally, if you need a quick hairdo for the busy back-to-school time, the Blog du Droit Européen des Brevets selected this device as invention of the week. Revolutionary? We shall see!

Image credits: Inga Volkosh

Around the IP Blogs Around the IP Blogs Reviewed by Cecilia Sbrolli on Sunday, September 03, 2017 Rating: 5


  1. Part of that Jepson claim discussion has been a bit of sovereign to sovereign comparative analysis (with a far more deeply involved interaction between I and MaxDrei than is typical).

    I would love to hear from other Europhiles on the "other concerns" that surely must color the shocking disparity between the de minimus far less than 1% use of the Jepson claim format in the US and the "nearly every case" use of the c--i-t form in your sovereign.

    I have alighted on several of those "other concerns" from the US vantage point at the links provided.

    Your thoughts...?

  2. It is decidedly unclear what in my previous post may have been deemed "unfit" and I am left to wonder why the post - with the message received on my end that it was before the editors - has not yet been published....

  3. When it takes three days for a comment to publish, the purpose of comments (and specifically, my call for Euro views) is greatly diminished.

    The issue will have to wait for the next event to remind people what is on the discussion table...


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