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

Been away and want to catch up with the recent IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 170th edition of Never Too Late (for week ending 29th Oct and 5th Nov inclusive).

Week ending 5th November

We started off the week talking about Brexit, specifically about What future for UK copyright after Brexit? Report on IPKat-BLACA panel discussion. Kat Eleonora moderated the panel and reported on it for us.

Talking about abusive forum shopping by non-practicing entities, Kat friends Bryan Kohm, David Tellekson, Melanie Mayer and Reilly Stoler guided us on how US patent litigation on the move again following In re Cray.

Does the doctrine of equivalents apply to novelty? Guest Kat Eibhlin answers the question by analyzing the recent decision Generics (U.K) v Yeda, a practical application of the Supreme Court’s Actavis v Eli Lilly.

Internet and Digital Media Law conference returns to London! The conference will be held on 5 December and a discount for participation is kindly offered for IPKat readers…register away! Also on 5 December: Christmas UNION-IP event: "IP - Past, Present and Future", with notable speaker Mr Justice Colin Birss. Don’t miss out on it!

Registering EUTMs with pictorial characters can be challenging, as Kat friend Matej Michalec knows all too well. In The Relevant Public and Likelihood of Confusion in Respect of Chinese Character Trademarks he discusses this topic.

The AmeriKat continued with her report from AIPPI Congress with incredible instalment numbing number 14: GUI Goo for Chewy Chewing.

What happens to user rights when IP serves the basis for a product, How far to take user rights into consideration? Repair? Kat Neil reports.

Bringing a counterclaim for patent revocation: not so fast in Singapore: Kat friend Sheena Jacob talks about how this may not be possible any longer.

SPC consultation - call for input: the European Commission is seeking for contributions!

When Twitter, football and copyright law meet: Linking in the US: is an embedded tweet an infringement of the public display right? Kat Eleonora discusses the improbable encounter.

Are you interested in being an InternKat or a Guest Kat? Then respond to our Katcall: Openings for GuestKats and InternKats!

Important news on the second medical use claims world as Dutch Supreme Court in Merck v Teva holds that second medical use claims can be directly and indirectly infringed, no matter the type. As the decision was mint fresh and no English was available, Kat friend Tobias Cohen Jehoram provided a translation and a summary in English for us.

Unpredictable times come with unpredictable patent decisions. Kat Annsley talks about Court of Appeal’s decision Actavis v ICOs  in The rise of "obvious to try" is over as Court of Appeal finds CIALIS dosage regimen patent obvious.

Weekly roundups: Wednesday Whimsies

Two Never Too Late are Better than One!
Week ending 29th October

Rosie informs us on the recent High Court appeal of Abanka DD v Abanca Corporacion Bancaria SA [2017], which concerns the revocation of two international trade marks for ABANKA and the related opposition to the application to register ABANCA. No prizes for guessing which party was attacking which mark.

IP Federation declares no role for IP disputes in proposed Hague Convention, while INTA takes a different approach
Annsley talks us through a new draft legislative instrument - the draft Hague Convention on the Recognition and Enforcement of Foreign Judgments.

Book review: Grounds of the Immaterial - A Conflict-based Approach to Intellectual Property Rights
Mathilde reviews Niels van Dijk’s book, Grounds of the Immaterial, A Conflict-Based Approach to Intellectual Rights.

Teva v Gilead: Swiss court bashes ECJ on SPC "mess"
The Swiss Federal Patent Court issued a judgment confirming the validity of Gilead’s Supplementary Protection Certificate (SPC) for a composition containing tenofovir disoproxil with emtricitabine (marketed as TRUVADA). The UK arm of the same dispute has led Arnold J to refer a question to the ECJ ("What are the criteria for deciding whether 'the product is protected by a basic patent in force' in Article 3(a) of the SPC Regulation?", [2017] EWHC 13 (Pat)).

Book Review: Form in Intellectual Property Law
Mathilde reviews David Booton’s book, “Form in Intellectual Property Law.” The author develops a comprehensive theoretical framework which explores the basics of legal norm-making as they occur in the field of intellectual property law.

T 1201/14: EPC's substantive requirements for valid transfer of priority right surprisingly substantial
In T 1201/14 of 9 February 2017 (grounds published on 5 September 2017), the Board of Appeal 3.5.05 took the opportunity to clarify some aspects on the ever- challenging assignment of the priority right for a European patent application.

Qatar diplomatic crisis: “beIN Sports” and potential violations of the TRIPS Agreement – Part 2
Katfriend Riyadh Al-Balushi continues with part 2 of his post, whichtackles the TRIPS-relevant aspects of the crisis, including with regard to TV network beIN Sports.

TV formats potentially eligible for copyright protection as dramatic works under UK law
In Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor [2017], the court held that a TV format can potentially be protected by copyright, although in the specific case the action failed.

Image credits: tashgheel


Never Too Late 169 [week ending Sunday 22 October] From Alicante to Munich - the EPO appoints its new President I Waldemar Haffkine: Pioneer of plague vaccine and the "Little Dreyfus Affair" Another German decision questions reasonableness of GS Media presumption if generally applied I Another German decision warns against broad application of GS Media presumption for for-profit link providers I Letter from AmeriKat: Trade secrets long arms, NDAs go bust and sharing of passwords I the AIPPI's World Congress in Sydney : Report 13, Report 12, Report 11, Report 10, Report 9, Report 8, Report 7, Report 6, Report 5, Report 4 I Book Review: EU Intellectual Property Law and Policy I Book review: Intellectual Property Rights and Climate Change: Interpreting the TRIPS Agreement for Environmentally Sound Technologies I Intellectual Property Rights and Climate Change – Interpreting the TRIPS Agreement for Environmentally Sound Technologies I A defensive non-assert? Philips v Asustek and HTC I Recommendation on measures to safeguard fundamental rights and the open internet in the framework of the EU copyright reform I BGH gifts shape mark owners sweet victories I Standards, patents and competition law conference I New episode of copyright mini-series 'The Game is on!'

Never Too Late 168 [week ending Sunday 15 October] Book review--Create, Copy, Disrupt: India’s Intellectual Property Dilemmas | Freedom of Panorama: would it hurt architects? Survey among Italian-based architects says NO | The new unjustified threats bill – do's and dont’s| International Copyright Law returns to London| Retromark Volume II: the last six months in trade marks and Volume I| Book Review Times Two: GI at the Crossroads of Trade, Development, and Culture and GI - Global and Local perspectives|Does the retreat from internationalism mean the retreat of IP? |Event report: I3PM General Assembly 2017 at WIPO in Geneva |copyright and music 

Never Too Late 167 [week ending Sunday 8 October] Is the German press publishers' right lawful? More details on the CJEU reference | Community registered designs & the CJEU - Nintendo v Big Ben | In memoriam Maurice Bluestein: "Baby--it's cold outside"; the story and nomenclature of the Wind Chill Index | Book Review: The Fundamental Right to Data Protection | Brexit: The IP Position Paper and trade marks | Brexit and Brands: 536 days and counting – what is the UK going to do? | Sunday Surprises

Never Too Late 166 [week ending Sunday 1 October] Book Review: What if we could reimagine copyright? | Italian Supreme Court confirms availability of copyright protection to TV formats | EU certification mark: It's coming your way on October 1st | Pemetrexed pops up in Milan | Medical data in a twist - Technomed v Bluecrest | Proposed EMA relocation: staff survey update | Event: The impact of Brexit on the UK copyright regime | Waiting for the approval of the EU Directive on copyright in the Digital Single Market | 'TOBBIA' EU trade mark declared invalid for conflict with 'PEPPA PIG' EU trade mark
Never Too Late: If you missed the IPKat Last Week! Never Too Late: If you missed the IPKat Last Week! Reviewed by Cecilia Sbrolli on Wednesday, November 22, 2017 Rating: 5

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