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

With a bit of delay, the 210th edition of Never Too Late takes a look at what the Kats have been purring about right up to Christmas

First and foremost, it was Time to celebrate: IPKat remains the most popular IP blog and the most popular copyright blog of all time! Thank you dear readers for your enduring support to The IPKat! According to Justia rankings, the IPKat remains the Most Popular IP Blog and Most Popular Copyright Blog of all time!

Patents

In her post Substance or device - a distinction without a difference?, GuestKat Rose analyses another controversy associated with claim forms (following the UK Supreme Court decision in Warner-Lambert v Actavis (IPKat post here)) concerning the nature of the 'medical products' to which they can be applied. 

Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Is the thirty-eight session going to be the lucky one? In this post, GuestKat Frantzeska discusses the rich agenda of the 38th session of the IGC, which included, inter alia, protection of traditional knowledge, genetic resources and the status of databases relating to genetic resources and associated traditional knowledge.

GuestKat Frantzeska also analysed the AG Opinion in the Abraxis case, which concerns second medical indication patents and whether they fulfil the requirements for a Supplementary Protection Certificate (SPC): The Opinion of the Advocate General in the case C-443/17 (Abraxis case). A lost case for second medical indication SPCs? 

The District Court of Munich hit Apple with two permanent injunctions affecting several iPhone models (7, 8 and X series), effectively prohibiting their sale in Germany plus opening Apple's liability to damages. More on German Court prohibits sale of certain iPhone models  by GuestKat Mirko.

Hangzhou, the first jurisdiction setting up an Internet Court in China, celebrated also the first birthday of the cyberspace writers’ village. In just one year, 107 cyberspace writers became “villagers”, 24 newly created literary works were adapted into movies, TV series, comics or mobile games, and the accumulated copyright royalties reached Chinese Yuan 381 million. Story reported by Asia Correspondent Tian (In math we trust – China cyberspace writers’ village joins judicial blockchain platform).

Copyright

A Kat's 2018 Copyright Awards: in case you missed 2018's prizes, see here to discover who won the prestigious awards in one of the following categories: "Most important copyright decision" (hint, you can taste the result); "Most important piece of legislation"; "Copyright person of the year"; "Most important unresolved issue"; "Most important policy issue for 2019"; and "Most important copyright-protected work".

In October 2018, AG Campos Sánchez-Bordona advised the CJEU to rule that the warehouse storage of copyright-infringing items due to be issued to the public is to be considered as an act falling within the scope of the right of distribution within Article 4 of the InfoSoc Directive (see IPKat post here). In her post CJEU rules that warehouse storage of counterfeits due for sale falls within scope of distribution right, Kat Eleonora analyses the CJEU's decision, which endorses the AG's recommendations.

Trade marks

Kat Neil's blue shirt

Starting from a remark on the specific hue of his blue shirt, Kat Neil recalls the occasions when he received official actions in trade mark matters stating there was confusing similarity based on the identity of concept of the two marks. Why is this Kat laughing once again (hint: it's all about another blue shirt in his wardrobe)? Kat Neil expressed his skepticism about such a claim, as well as showing off his blue shirts.

Brent takes a tumble, trade marks invalidated for being descriptive. Brent is a particular type of crude oil, as well as a leading international benchmark for oil prices. Kat friend Jon Chan Wenqiang (Ravindran Associates, Singapore) describes for Kat readers the fate of the registered word "Brent" in his jurisdiction.

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 209 [Week ending 16 Dec] BREAKING: AG Szpunar advises CJEU to rule that unlicensed sampling MAY be a copyright infringement and German free use may be contrary to EU law | The AG Opinion in Metall auf Metall: it's not a fundamental rights violation to say that sampling requires a licence | AG Hogan advises CJEU to rule that German press publishers' right is unenforceable | EU Copyright Reform, Fundamental Rights & Life as CJEU Judge at the ERA Copyright Conference | Building a Long Term Brand Protection solution - the Lego story [Part 3] | Whole visible surface or predominant colour? Cadbury's plays spot the series mark | Trade marks: the limits to a MONSTER’s reach in Singapth seore | EPLAW Congress Report: Who has the better patent litigation tools in Europe? | Tennis in 2018: Did intellectual property hold serve? | Book Review: The Modern Law of Copyright AKA Laddie, Prescott and Vitoria | Book Review: Reconciling Copyright with Cumulative Creativity | Around the IP Blogs!

Never Too Late 208 [Week ending 9 Dec] Commercial use of image rights: Paris Tribunal boosts models and performers’ protection | General rules on direct and indirect liability for copyright infringement instead of Art. 13 | Double trouble: fresh CJEU reference from Swedish Supreme Court regarding scope of communication to the public inside cars | BREAKING NEWS: The first Counterfeit and Piracy Watch List has been published! | First blocking orders issued in Greece ... but how effective are they? | ECtHR rules that prohibiting linking to defamatory content might be freedom of expression violation: what implications (if any) for copyright? | Protecting reggae – Cultural heritage needs IP | Revenge porn: …still no IP rights in sight | BREAKING: TBA decides that Rule 28(2) EPC, excluding plant products produced by essentially biological processes from patentability, is void | ”Baby you can drive my car” period is over. Welcome the Self-driving vehicles | Brand Protection - fresh perspectives from a Frankfurt conference [Part 1]; and Brand Protection Conference [Part 2] | New joint IPKat/BLACA event! The topic is ... Copyright and Artificial Intelligence | Book review: Copyright law and derivative works

Never Too Late 207 [Week ending 2 Dec] draft Directive on copyright in the Digital Single Market: Contractual override and the new exceptions in the Copyright in the Digital Single Market Proposal | Venice court tackles copyright protection for architectural works as applied to yachts | Marrakesh Treaty is no paper tiger: EU Commission sues 17 countries for non-compliance | Give Africa its cultural heritage back … But keep its digital cultural heritage? | The IP term (thus far) of the millennium: the curious story of the adoption of "patent troll" and "internet trolling" | No pain, no gain: Plausibility in Warner-Lambert v Actavis | Testing the boundaries of subjectivity: Infringement of Swiss-type claims in Warner-Lambert v Actavis | Is SPINNING generic? EU General Court explains how the relevant assessment is to be undertaken | High Court employs ‘intention to target’ approach to determine application of EU/UK law in online trade mark infringement case | There's a new IPO report on designs infringement - game-changer or stating the obvious? | Thursday Thunders

Never Too Late 206 [Weeks ending 18 and 25 Nov] BREAKING: CJEU says NO to copyright in the taste of a cheese | The Levola Hengelo CJEU decision: ambiguities, uncertainties ... and more questions | Enforcing copyright in government documents? Not as uncommon as one might think | Linda Nochlin, "Why Have There Been No Great Women Artists"? Relevant as ever, controversial as ever, | Buyers beware! …You may owe re-sale right royalties | BREAKING NEWS: Supreme Court unanimously dismisses Warner-Lambert's painful Lyrica appeal | Why is this Kat laughing (hint: it's all about his blue shirt)? | AIPPI Rapid Response event - Unwired Planet (Court of Appeal decision) | Take your seat at the Bench: an evening with the IP/tech judges | General Court annuls Delegated Regulation 665/2013 on energy labelling of vacuum cleaners | Book review: Artist, Authorship & Legacy: A Reader | Book review: Cross-Border Copyright Licensing: Law and Practice