Never Too Late: if you missed the IPKat last week!

The 186th edition of the IPKat’s news roundup.


Kat friends Nina O’Sullivan and Victoria Wilson reported on the 2017 key design cases brought before both the EU and the UK’s courts in The best and the brightest: key UK and EU design decisions from 2017.

Speaking of key decisions, following the DOCERAM v CeramTec CJEU judgement (C-395/16), Kat friend Alexander Haertel discusses the decision in detail and its possible repercussions in German design law on the brink of change following yesterday's CJEU decision in DOCERAM v CeramTec.


A few months back, the IPKat reported on the adoption of an administrative enforcement model in Greece. Now the law has come into force and Kat friend Theodoros Chíou gives a detailed overview of the system in Greece: new notice and take down administrative mechanism for online copyright cases now in force.

Frida Kahto
A new type of authors' organization: an exclusive interview with the Executive Director of Authors Alliance. The IPKat, through the pen of Kat Neil, had the pleasure of engaging in a written interview with Brianna Schofield, the Executive Director of the Authors Alliance, which represents the interests of authors wanting to take advantage of digital opportunities.

Can Mattel be prevented from making its own Frida Kahlo Barbie doll? Mattel has launched the “Inspiring Women Series” of Barbies, which counts on its ranks also the 11 1/2 version of Mexican artist Frida Kahlo, but this decision, and especially the appearance of the doll, were not well-received by everyone. Kat Eleonora discusses whether an image right’s infringement claim by the Frida Kahlo Corporation would have legal ground under Mexican law. 

Does 5 Pointz, a.k.a. the “world’s largest open-air aerosol museum”, fulfil the standard of recognized stature? The almost 30 year old site has been at the centre of a legal battle after it was whitewashed overnight. Kat friend Mira T. Sundara Rajan in The 5 Pointz case: Should works of art be protected from destruction? If you are interested in the protection of graffiti, you might enjoy reading this IPKat post.

9th Circuit ‘slam-dunks’ claim of copyright infringement by Nike photograph of Michael Jordan and ‘Jumpman’ logo: the story behind the legendary Jordan’s silhouette and the legal dispute which followed. GuestKat Nedim reports.

Kat Mirko discusses how loses to German publisher and is found liable for damages. is an online database of free e-books, following US copyright law. The books, however, could be translated into German among other languages and, after doing the math on the difference in copyright terms in the two jurisdictions, did not end up well for the website.


AIPPI UK Event Report: Registration, notice and infringement - is certainty an illusion? Kat friend Lucie Fortune fought the cold to attend the latest AIPPI UK event and kindly reported on it for us.

Rare as an Ojos Azules Kat
Should you register your exclusive patent licence with the UK IPO? Well, it would be better, as illustrated by the case L'Oréal v RN Ventures: exclusive licence registration and costs recovery. GuestKat Eibhlin reports.

They are rare but their occurrence in nature has been reported from time to time: the Eighth Granted Petition for Review was obtained before the EPO. Intern Kat Rose discusses its intricacies.

In Memoriam Trevor Baylis: the life-saving wind-up radio and the precarious lot of the sole inventor. On March 5th, the inventor, sportsman, stuntman and underwater escape artist passed away at the age of 80. In his post, Kat Neil remembered Mr. Baylis’ life and accomplishments.

Weekly Roundups: Monday Miscellany


Never Too Late 185 [week ending 4 March] Exclusive interview with Johanne Bélisle, Chief Executive Officer of the Canadian Intellectual Property Office| Patents and the Fourth Industrial Revolution. What indications for the future on the basis of patent activity? | GuestPost: Is there really a problem with NPE litigation in Europe? |  Do patents and literature have something in common? | The 1st specialized IP Tribunal of Northwest China unveiled in Xi'an |  Sweet! (or not?): cookie-shaped cushions without trade mark owner's permission |  Sieckmann kicks in once again: when is a representation of a sign an acceptable representation for the sake of registration? | GUCCI as a well-known mark, with special attention to evidence, surveys, and unfair advantage | Book Review: Copyright User Rights, Contracts and The Erosion of Property

Never Too Late 184 [week ending 25 February] BREAKING: UK IPO launches technical consultation on draft regulations transposing the EU Trade Secrets Directive | Here we go again? Strong brands as a barrier to entry, this time from "The Economist" | UK IPO publishes consultation on implementing Trade Mark Directive 2015 into UK law | Top 10 issues from submissions before UK Supreme Court in Warner-Lambert v Actavis second medical use battle | EPO looking for new legally qualified members of the Boards of Appeal | Repair or reconstruction: Where do you draw the line for exhaustion under patent law? | L'Oreal v RN Ventures - The Registered Design Perspective | More than Just a Game: Music, video games, GDPR & technical protective measures” (Report 2 and Report 3) | German FCJ: doctors can have their profile deleted from rating site - but can they?

Never Too Late 183 [week ending 18 February] Mr Justice Carr's L'Oreal v RN Ventures decision bristles with warnings on Actavis v Lilly claim interpretation, equivalents and prosecution history (Parts I and II) | Can Wenzhou and cigarette lighters tell us something about why there are IP rights? | Surveying the scene - passing off & surveys | Copying the counterfeits | 2017 Canadian trademark cases: progressive and regressive | Linking under US copyright law: green light to its inclusion in the scope of public display right comes from New York | Isgrò and Waters, problem erased | Stockholm Administrative Court orders ISP to provide customers’ details to Swedish police | (No) privacy by default? German court finds Facebook in breach of data protection law | More than Just a Game (Report 1): eSports | Blockchain my IP | Strategies for Combating Counterfeiting and Piracy (The USA and The EU Perspectives) | AIPPI UK Upcoming Event: Professor Bently to debate how far the "zone of exclusivity" of registered IP rights goes

Never Too Late 182 [week ending 11 February]  BREAKING: in his new Opinion in Louboutin AG Szpunar (confirms and) advises CJEU to rule that a trade mark combining colour and shape may be refused or declared invalid |  The new AG Opinion in Louboutin: is it really bad news for the famous red sole? | Yet another horse – The Polo/Lauren Company L.P. v Royal County of Berkshire Polo Club Ltd. | When passing off is enough to successfully oppose a trade mark |  BREAKING: Sky's the limit for CJEU references in Sky v SkyKick trade mark battle |  Influencers and undisclosed sponsored activities: where do we stand? |  Brand Finance 500 … What’s the value of music IP? |  The Céline affair: what moral rights can and can’t do…even in France |  Can Nativity scene characters attract copyright protection under Italian law? | Blackcurrant, public interest and the first ever compulsory licensing application at the Community Plant Variety Office? |  Costs of intermediary injunctions: Sir Richard Arnold's review of a recent publication | Alternative ways for financing and incentivizing research: a Nobel laureate and his colleagues state their case |  Event Report: IP inclusive - Inappropriate Behaviour

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, March 20, 2018 Rating: 5

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