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

The 190th edition of Never Too Late is here to help you with your catch-up of everything on IPKat over the last couple of weeks (2nd-15th April)! Highlights include an event report on autonomous cars, user-rights relating to the "first Instagram masterpiece" and a book review of a mystery novel written by a former patent attorney. 


Guest Kat Nedim Malovic asks whether an ISP can be required to hand over its subscribers' IP addresses in online copyright infringement cases: Swedish Patents and Market Court of Appeal says that an ISP may not be required to hand over information about subscribers’ IP addressesThe Swedish Patents and Market Court of Appeal ruled that this might not always be the case, in contrast to the decision at first instance and other Swedish courts' recent decisions (see here). The case concerns UK-based Copyright Management Services (CMS) and the Swedish internet service provider Tele2. 

Kat Eleonora Rosati summarises her contribution to the 26th Fordham IP Conference, one of the most notable annual events for the IP enthusiasts: The EU copyright reform and the legacy of CJEU case law: lip service?

Enjoying the spring sunshine

In Rich writer, poor writerAsia Correspondent Tian Lu explores the meaning of "IP-able" in China, i.e. the films and television plays adapted from popular copyright works such as animations, novels, games and songs. Tian analyses the income disparity between "pure-literary" writers and screenwriters, a situation exacerbated by the relatively low damages awarded by the Chinese courts for copyright infringement of literary works. 


InternKat Rose Hughes turns her attention to the topics of claim interpretation and infringement in a recent decision by the UK Court of Appeal: Regeneron v Kymab - Part II: Interpretation and Infringement. Also, here is Rose’s previous analysis of the court’s conclusions on sufficiency in the same judgement.

Social Media

Departing from the heated topics currently involving Facebook, privacy and data protection, David Serras Pereira (SPAutores) reflects on the social media giant’s global music strategy and its investment in music-related activities: Facebook and music rights: the “not-so-heard-not-GDPR-related-news”. Will it be the new music global service?

A social media project created by an Argentinian artist, Amalia Ulman, may be “the first Instagram masterpiece”, a “sensation of contemporary art”, but what light does the user-rights context shed about this “experiment”? Kat Neil Wilkof explains: Are viewers of on-line contents entitled to the truth? “Excellences & Perfections” and the saga of Amalia Ulman

Event Reports - Autonomous Vehicles

Guest Kat Luke Maunder (Bristows) reports on the British Computer Society event on whether we are ready for autonomous vehicles: What is the final destination of autonomous vehicles? Luke provides an overview of the talks, covering the story of self-driving cars to-date, the current situation, predictions for the future, and the practical and ethical issues associated with autonomous vehicles. 

Does this car have a mind of its own?
GuestKat Rosie Burbidge shares her impressions from a panel discussion, More Than Just a Game Conference London IV. The focus was on a wide variety of perspectives on IP and interactive entertainment from the publisher and developer points of view,  from both  the UK and US legal perspectives: More than just a game - IP and interactive entertainment.

Trade Secrets

Kat friends Sture Rygaard and Emil Jurcenoks (Plesner) report on the recent adoption of The Danish Act on Trade Secrets: The Danish Act on Trade Secrets has now been adopted. The new act is a very literal implementation of the EU Trade Secrets Directive ("Directive"). Sture and Emil provide an outline of the parts of the act of particular importance to Denmark, including the provisions for damages and criminal sanctions.

Book Review

Kat Neil Wilkof reviews a new mystery novel, entitled “The Devil’s Dice”, written by  former patent attorney Roz Watkins, together with an interview with the author as she reflects on migrating from patent law to fiction: From IP practioner to murder mystery author: Roz Watkins and "The Devil's Dice" (a pity about that patent attorney in the opening scene).

*This is a joint post by InternKats Ieva and Rose*


Never Too Late 189 [week ending 1 April]  It is the year 2050, and the last trademark litigator has retired | RETROMARK: A year of trade marks - Part 1: Costs after Cartier | Right of publicity not a right to control one's own image by censoring disagreeable portrayals, says appeals court in de Havilland case | EU Commission publishes paper on consequences of Brexit on copyright | Brexit 'cliff-edges' - Alliance for Intellectual Property paper | Del Toro and The Shape of a Lawsuit | Copyright, exceptions and cultural institutions: Australia is listening! | Google cannot hide behind its algorithms, German court finds | Does the InfoSoc Directive envisage digital exhaustion? Questions in the Tom Kabinet CJEU reference finalized (at last) | Court of Appeal, following EPO, reverses Carr J in Regeneron v Kymab dispute | Regeneron v Kymab - Part I: Sufficiency | How do you protect patents from judicial and expert hindsight? | Weekly Roundups: Monday Miscellany

Never Too Late 188 [week ending 25 March]  Shenzhen court issues written judgment in Huawei v Samsung case | Controversy looming for this year's pre-EQE | Courts continue to struggle to find appropriate forms of injunctive relief when social media is involved: Frank Industries versus Nike | Investment disputes, trademarks and licences, and ICSID tribunals-"Bridgestone v. Panama| Will trade mark law stop Marine Le Pen's new campaign? | Eventt Report: INTA Designs Conference 2018 | French court finds appropriation of photograph not sufficiently 'transformative' and therefore infringing | Swedish Supreme Court says that painting based on photograph is new and independent creation and hence...non-infringing | The 5 Pointz case: a response (on the risk of cultural gatekeeping in copyright) | National and EU text and data mining exceptions: room for coexistence? | Book Reviexs: Research Handbooks on Copyright Law and History of Copyright Law | Book Review: Certification and Collective Marks | Weekly Roundups: Around the IP Blogs!

Never Too Late 187 [week ending 18 March] Irish Government proposes introduction of Irish text and data mining exception | Infighting at Nigeria’s main collecting society – Powers of the sector regulator | Unlawful street art used in a promotional campaign: H&M withdraws its complaint | General Court confirms that ‘La Mafia se sienta a la mesa’ cannot be a trade mark on public policy grounds | Nando's v Fernando's: Food for thought | Spanish Supreme Court puts an end to a “sui generis” case concerning database “sui generis” right |  The protection of genetic resources, traditional resources and folklore 35 meetings later… | Book review: ‘Rethinking Intellectual Property – Balancing Conflicts of Interest in the Constitutional Paradigm’ | Friday Fantasies

Never Too Late 186 [week ending 11 March]
 The best and the brightest: key UK and EU design decisions from 2017 | German design law on the brink of change following yesterday's CJEU decision in DOCERAM v CeramTec | Greece: new notice and take down administrative mechanism for online copyright cases now in force | A new type of authors' organization: an exclusive interview with the Executive Director of Authors Alliance | Can Mattel be prevented from making its own Frida Kahlo Barbie doll? | The 5 Pointz case: Should works of art be protected from destruction? | 9th Circuit ‘slam-dunks’ claim of copyright infringement by Nike photograph of Michael Jordan and ‘Jumpman’ logo | loses to German publisher and is found liable for damages | AIPPI UK Event Report: Registration, notice and infringement - is certainty an illusion? | L'Oréal v RN Ventures: exclusive licence registration and costs recovery | Eighth Granted Petition for Review | In Memoriam Trevor Baylis: the life-saving wind-up radio and the precarious lot of the sole inventor

Never Too Late: if you missed the IPKat last week! Never Too Late: if you missed the IPKat last week! Reviewed by Rose Hughes on Monday, April 23, 2018 Rating: 5

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