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

The 191th edition of Never Too Late is out with its usual overview on what has been going on The IPKat over the past few days.


Last year, a Fearless Girl statue was positioned in front of the Charging Bull statue in Manhattan, much to the chagrin of the author of the latter. Now, Kat Eleonora tells us that, after complaints and claims of violation of IP rights, in the end Fearless Girl will be moved due to ... viability concerns.

Fordham 2018 Report 1: Building Out the House - Music Licensing. Katfriend Jacob Tesch reports on this panel which discussed Performing Rights Organisations, potential copyright reforms in the field (Music Modernisation Act, the Classics Act and the Allocation for Music Producers Act) and the High Court of England and Wales decision in Gloucester Place Music v. Le Bon.


Premaitha's strike out gamble fails before Carr J in new Illumnia patent battle. Katfriend Constance Crawford describes the two main claims brought by the defendants (abuse of process and issue estoppel) and the decision of the judge.

Does the English Court have jurisdiction to grant relief in the form of a global FRAND licence in relation to a claim for infringement of UK patents, where UK sales account for only 1% or less of worldwide sales on which royalties are claimed? Kat Eibhlin asks in Poor reception for jurisdiction challenge to global FRAND licence relief.

Boards bite back but need real teeth - Guest Contribution by Katfriend Gwilym Roberts dealing with the recently closed EPO online consultation on the new rules and procedures of the Boards of Appeal, offering some suggestions and analysis.

Trade marks

Tyred Kat
What makes a family? Bridgestone opposition two tyred, fell flat. Katfriend Teo Xuan discusses the details of a trade mark case where the family of trade marks argument was raised but ... ultimately failed.

Plant Variety-Summer Schools-Unfair Competition

Public interest in Plant Variety Rights. How high is the bar for the grant of a compulsory license? Kat Frantzeska got her paws on the text of the decision for the first compulsory licence application and brings its interesting points to our attention.

If have no plans from 30 July to 3 August and you are passionate about IT Law, then the IT Law Summer School is the place to be! More details on the programme and discounts at IT Law Summer School returns to beautiful Cambridge.

BREAKING: German FCJ declares AdBlock Plus legal. Does requiring payment, on top of complying with other standards, in order to be whitelisted on Adblock Plus constitute an aggressive commercial practice? Kat Mirko reports on the case brought before the German Federal Court of Justice.


Katfriend Sabine Jacques in Book review: Droit d’auteur 4.0 / Copyright 4.0 reviews the latest edition of this book, volume part of the series ‘propriété intellectuelle - intellectual property’. This volume focuses primarily on the impact of the advent of technologies and digitalisation on copyright.

From IP practitioner to murder mystery author: Roz Watkins and "The Devil's Dice" (a pity about that patent attorney in the opening scene). Kat Neil has interviewed the former Patent Attorney to learn more about her transition from being a patent professional to professional writer and how patent attorneys ended up being characters in her mystery novel.

Weekly Round-ups: Around the IP Blogs!


Never Too Late 190 [week ending 15 April]  Swedish Patents and Market Court of Appeal says that an ISP may not be required to hand over information about subscribers’ IP addresses |  The EU copyright reform and the legacy of CJEU case law: lip service? | Rich writer, poor writer | Regeneron v Kymab - Part II: Interpretation and Infringement |  Facebook and music rights: the “not-so-heard-not-GDPR-related-news”. Will it be the new music global service? | Are viewers of on-line contents entitled to the truth? “Excellences & Perfections” and the saga of Amalia Ulman | What is the final destination of autonomous vehicles? | More than just a game - IP and interactive entertainment | The Danish Act on Trade Secrets has now been adopted | From IP practioner to murder mystery author: Roz Watkins and "The Devil's Dice" (a pity about that patent attorney in the opening scene) | Weekly Roundups: Monday Miscellany; Around the IP Blogs!; Friday Fantasies and Sunday Surprises

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: if you missed the IPKat last week! Never Too Late: if you missed the IPKat last week! Reviewed by Cecilia Sbrolli on Wednesday, May 02, 2018 Rating: 5

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