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

Hear ye, hear ye: the 204th edition of Never Too Late is off the press!

Patents

The big talk of the week was all about FRAND, specifically Unwired Planet v Huawei: the Court of Appeal has upheld Birss J's decision from last April, dismissing all three grounds of appeal. The AmeriKat briefly summarised the findings of the Court in Court of Appeal reaffirms UK as SEP litigation hotspot in upholding Birss J in Unwired Planet; Kat friends Jane Mutimear and Richard Vary provided a deeper analysis in  Much Ado About FRAND: What you need to know about today's Court of Appeal Unwired Planet decision; and finally the AmeriKat shared that AIPPI is organising the following event: AIPPI UK Rapid Response Event: Unwired Planet v Huawei - 13 November at 6PM. 

In her comment Lord Kitchin applies the "markedly different" infringement approach in Actavis v Eli Lilly in Icescape v Ice-World, InternKat Rose analyses this recent case to determine whether Lord Kitchin approached any of the unresolved issues left in the Actavis v Eli Lilly case.

Copyright

Last year The IPKat reported on two new important referrals to the Court of Justice of the European Union (CJEU) from Germany. One of them, known as the Afghanistan Papers case (confidential military reports) is asking about the interplay between copyright protection and freedom of expression and freedom of the press. In his opinion, as reported by Kat Eleonora, AG Szpunar advises CJEU to rule that copyright cannot subsist in military report in important fundamental rights case

Australia considers reform of its website blocking regime, including possibility to target search engines and new types of injunctions Katfriend Fiona Philiips (Fiona Phillips Law) explains the background to and content of a bill that was introduced a few days ago: the latest news concerns online piracy and how to tackle copyright infringements occurred via the internet more effectively by means of enhanced website blocking orders. 

Earlier this year, the Swedish Patent and Market Court was requested to issue an injunction against Swedish internet service provider Telia Company (Telia) to block access to the likes of The Pirate Bay, Dreamfilm, Nyafilmer, Fmovies, and several other related proxies and mirror sites . Following the application, Swedish Court orders ISP to block access to The Pirate Bay and other Torrent sites. Guest Kat Nedim comments on the case.

Trade marks

Energy drinks and alcoholic drinks might be consumed together, but does that make them similar goods for the purposes of establishing likelihood of confusion in trade mark infringement? Would you order them together? So then What's your party drink? - Asolo v Red Bull. By Special Kat Hayleigh.

Questioning the trade mark judges. Guest Kat Rosie attended the the annual IBIL and MARQUES event "Questioning the trade mark judges". During the event, the main questions analysed were the following: How much training is required to become a judge? Have we had enough of experts? Are hearings helpful? What do you think of non-traditional marks? Should you have to prove use to the registry in order to retain the mark? Will the change in the substantial value test cause substantial problems?

Weekly Roundups: Wednesday Whimsies; Around the IP blogs!

                                              PREVIOUSLY ON NEVER TOO LATE

Never Too Late 203 [Weeks ending 14 and 21 Oct] Does FEYONCÉ blur BEYONCÉ's distinctiveness? | Why pay more? What "opaque hotel inventory" teaches us about brands and search costs. | Swatch versus Apple: If you "Tick different" does that mean that you "THINK DIFFERENT"? | Argos goes to the Court of Appeal but leaves empty handed | Retromark Volume IV: the last six months in trade marks | World Food Day! Patentable foods: The "Impossible" and the eggless | Advertisement distributed by Swedish ISP held to be sexually discriminatory | Italian Supreme Court holds that an unauthorized derivative work may be both infringing and protectable | CJEU weighs on liability of owner of internet connection used to infringe copyright | GCC diplomaticcrisis update: Qatar’s new request for consultation with Saudi to address IPviolations | Brexit and Brands Part 4 | Blockchain and intellectual property - where are we now and what does the future have in store? | Special interview with Mariana Karepova, the President of the Austrian Patent Office | ChIPs Global Summit Report 1: Politics and Technology - When D.C. met Silicon Valley | Book review: Kritika - Essays on Intellectual Property (vol 3) | Tuesday Tiddlywinks

Never Too Late 202 [Week ending 7 October] Looking to discuss the latest developments in competition law in the pharma sector? Here’s an event for you | Public procurement of pharmaceuticals and the patent system, the first date of a stormy relationship? | What may be the main (potential) events in the life of an EU/national trade mark? Here's a new map | Event: Computer-Implemented Inventions - Monday 8 Oct 2018 | Can warehouse storage of copyright-infringing products be considered an act of distribution? AG Campos advises CJEU to rule 'yes' | Copyright monetisation: does technology help or hinder? IPWeek @ SG 2018 | Around the IP Blogs! | Friday Fantasies

Never Too Late 201 [Weeks ending 23 and 30 Sep] UK copyright in a no-deal Brexit scenario: what will happen? | No deal Brexit - what does it mean for exhaustion of rights? |No deal Brexit - what will happen to patents - particularly SPCs and the UPC? No deal Brexit - what does it mean for registered Community designs and trade marks | Will there be a “Fiverrization” of the creative industries? | IPWeek @ SG: IP Offices still searching for (the holy grail) of innovation and incentives: the view from | IPWeek @ SG AIPPI Congress Report 1: Standard essential patents – maximizing value before enforcement | AIPPI Congress Report 2: Out of term - provisional and post term patent enforcement | AIPPI Congress Report 3: Hot topics in IP | and AIPPI Congress Report 4: A balancing act - copyright versus other rights | How Singapore Is Fast-Tracking FinTech Patent Applications (and making more "Crazy Rich Asians"? | Evolving concepts of work and sustainability of copyright: the curious case of curated fireworks displays | US Copyright Office Review Board denies registration of ‘Vodafone Speechmark’ | After UEFA’s Starball logo, also the EURO Trophy has been denied copyright registration | Using copyright-protected material as evidence in a court proceeding | Paris tribunal guts Twitter’s T&Cs… including the copyright clause for user-generated content | Around the IP Blogs!

Never Too Late 200 [Week ending 16 Sep] BREAKING: FCJ refers case regarding YouTube’s liability for damages to the CJEU | Fashion, algorithms, and copyright: is it all about what we want or rather what we didn't know we want? | Time for a break - catching up with KitKat | Book review: The Economics of Open Access – on the Future of Academic Publishing |