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

Missed out on the IPKat’s latest a couple of weeks ago? Not to worry, the 172nd edition of Never Too Late is out to help you catch up!

[Week ending 26 November]

Time came for EMA relocation: and the winner is...Amsterdam! Guest Kat Eibhlin explains what happened at the polling stations.

Kat Neil dwelt in the fashion world to honour one of its most notable representatives in In memoriam: Azzedine Alaïa, the King of Cling (and what it tells us about the fashion industry).

Another national chapter post GS Media judgment. Kat Friend Theodoros Chíou tells us that Athens Court of Appeal applies CJEU GS Media linking decision and interprets 'profit-making intention' restrictively.

The Paris Tribunal, deciding on a copyright case held that Damages awarded for the ‘loss of opportunity’ to commercialise photographs following infringement. Although, as Kat Mathilde explains, the basis for this conclusion is not really to be found in the judgment.

Lost their marbles? When can you register a geographical name as a trade mark? Mermeren v Fox. Guest Kat Rosie reports on the dispute between the two marble companies and whether Sivec can be considered an indication of geographical origin.

Kat Friend Danny Friedmann reported for us about the fact that Sir Robin Jacob calls for System 2 thinking for patent law in an intriguing lecture.

Bad news for some businesses in Florence as Kat Eleonora reports that Florence court prohibits unauthorized commercial use of David's image, as this is incompatible with the Italian Cultural Heritage Code. The link to the decision and more info were provided by Eleonora on a later post here.

Weekly Roundups: Thursday Thingies

Kat found scouting in the new EMA location

[Week ending 3 December]

What better news on a Monday as one relating to party sports? In Clash of the beer pongs - Breakthrough Funding Ltd v Nearby Media Ltd, Guest Kat Rosie takes her shot into the red cups!

In the framework of the Qatar diplomatic crisis, Kat Friend Riyadh Al-Balushi tells us that WTO establishes panel to examine Qatar’s complaint against UAE.

What's next for trade marks in the UK and EU? Report on JIPLP/GRUR trade mark conference by Kat Friend Natasha Rao. The conference, moderated by IPKat’s own Eleonora, discussed the implication of the 2015 EU TM Regulation, recent case-law and Brexit.

Important developments in copyright! Kat Eleonora first swiftly informed us about the CJEU decision in BREAKING: CJEU rules in that the making available of copies of TV programmes saved in the cloud must be authorised by rights owner and then analysed and commented on the decision in The VCAST decision: how to turn a private copying case into a case about communication/making available to the public.

Be prepared to suffer the consequences if you are caught infringing a patent in France. Guest Kat Mathilde reports on a Supreme Court case which allows for public condemnation in France: patent infringers can be ‘named and shamed’…within reason.

Kat Friends Oliver Löffel and Birgit Clark report on the fact that BGH rules on international jurisdiction of German courts in EU trade mark cases. The BGH held that an overall assessment has to be carried out to determine the first infringing act.

The AmeriKat reports on the much awaited communication on SEPs. In EU Commission sets middle course for SEP licensing in Europe she lists the major takeaway points and reports a snarky comment by Merpel.

In the intricate world of joint authorship, a light of guidance arises In Claim of joint authorship fails in the Florence Foster Jenkins case Guest Kat Mathilde discusses the outcome of the case and lists the knowledge deriving from it in Judge Hacon’s 10 (+ 1) commandments on joint authorship under UK copyright law. A new era has begun!

UK House of Commons committee progresses final stages of UPC ratification, reports Kat Friend Alex Robinson. The possibility of ratification of the UPC in the UK before the end of the year may become reality.

Kat Friend Alex Woolgar generously reported for us on the two-day INTA Berlin event. Here are his reports: INTA Brand Authenticity Conference (Report 1): Building brand value via ethical and sustainable credentials; INTA Brand Authenticity Conference (Report 2): Building brand value via ethical and sustainable credentials and INTA Brand Authenticity Conference (Report 3): Building brand value via ethical and sustainable credentials.

A few days back, the AmeriKat talked about the MSD v Teva decision but only a rough translation was available. Now, thanks to a Kat Friend: Now available!: English translation of Dutch Supreme Court decision in MSD v Teva highlights UK Supreme Court's Actavis decision

And lastly, since finals season is fast approaching, Kat Eleonora provided a very handy guide on Student essays: how to write a good piece?

Weekly Roundups: Around the IP Blogs!

Image credit: ackab1 (


Never Too Late 171 [week ending Sunday 12 November] 
 Düsseldorf Court of Appeal in SISVEL v Haier publishes "guidebook" to SEP litigation under Huawei/ZTE | Swiss Supreme Court weighs in on K = Na | Beware the special requirements of software protection in Brazil | The protection of vehicles using trade marks and registered designs - London Taxis vs Scooters |  Who is going to win the big EU Commission SEP licensing battle - "use-based" or "licence to all"? | Is TRIPS preventing vulnerable countries from accessing basic drugs? The case of South Africa |  The New Intellectual Property of Health | Research Handbook on Intellectual Property in Media and Entertainment | When the cutting edge technology passes you over: The "winner takes it all" (and it ain't your home town) | Can a film be released without mention of the name of its director? | Saturday Sundries | [week ending Sunday 19 November] Birss J in Accord v Research Corporation Technologies attempts to cut the red tape on the right to claim priority | Looking for answers on ANSERA | Speech from European Judges Forum: But Sir Robin, let's be frank, we will put (just to be short), in Milan the Central Court... | Special interview with Patricia Kelly, Director General of IP Australia | "Intellectual Property Arrangements: Productivity Commission Inquiry Report" | "Australian Government Response to the Productivity Commission Inquiry into Intellectual Property Arrangements" | When public domain works meet trade mark law: Norwegian Industrial Property Office applies EFTA Court’s judgment and dismisses applications to register Vigeland’s artworks as trademarks | Event report: The private copying exception and the compensation of harm in a dematerialised environment | How far away is global trade secrets protection? US industry's call to action as EUIPO analyzes baseline data | IPIB: How competitive is your IP service firm? | Erasing Kevin Spacey: performers' rights to the rescue? | Around the IP Blogs! | Sunday Surprises

Never Too Late 170 [week ending Sunday 5 November]  What future for UK copyright after Brexit? Report on IPKat-BLACA panel discussion |  US patent litigation on the move again following In re Cray | Does the doctrine of equivalents apply to novelty? | Internet and Digital Media Law conference returns to London UNION-IP event: "IP - Past, Present and Future" | The Relevant Public and Likelihood of Confusion in Respect of Chinese Character Trademarks | GUI Goo for Chewy Chewing 1 How far to take user rights into consideration? Repair? | Bringing a counterclaim for patent revocation: not so fast in Singapore | SPC consultation - call for input | Linking in the US: is an embedded tweet an infringement of the public display right? | Katcall: Openings for GuestKats and InternKats! | Dutch Supreme Court in Merck v Teva holds that second medical use claims can be directly and indirectly infringed, no matter the type | The rise of "obvious to try" is over as Court of Appeal finds CIALIS dosage regimen patent obvious | Wednesday Whimsies| [week ending Sunday 29 October] Abanka DD v Abanca Corporacion Bancaria SA|IP Federation declares no role for IP disputes in proposed Hague Convention, while INTA takes a different approach | Book review: Grounds of the Immaterial - A Conflict-based Approach to Intellectual Property Rights |Teva v Gilead: Swiss court bashes ECJ on SPC "mess" | Book Review: Form in Intellectual Property Law | T 1201/14: EPC's substantive requirements for valid transfer of priority right surprisingly substantial | Qatar diplomatic crisis: “beIN Sports” and potential violations of the TRIPS Agreement – | Part 2 TV formats potentially eligible for copyright protection as dramatic works under UK law | Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor [2017]       

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: If you missed the IPKat Last Week! Never Too Late: If you missed the IPKat Last Week! Reviewed by Cecilia Sbrolli on Tuesday, December 12, 2017 Rating: 5

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