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

The 213th edition of Never Too Late takes a look at what the Kats have been blogging about between the 14th and 20th of January!

Disclaimer: not an actual photo of our
Kats reviewing books here

First, our GuestKats have been busy reviewing books that week: Mathilde Pavis provides a book review on European Libraries and the Internet: Copyright and Extended Collective Licences by Rán Tryggvadóttir; Rosie Burbidge reviews the 2nd edition of European Design Law: A practitioner's guide by David Stone. In addition, in response to having 3 titles recognised as IPKat best books of 2018 awards, Edward Elgar has offered a 35% discount on those titles! Our SpecialKat Hayleigh Bosher provides the details on this here.

In an animal friendly post, GuestKat Rose Hughes explores the European Patent Convention’s requirement of all patent applications with a medical application to show a credible claim of the therapeutic effect. With human trial data not available at the time, it is for the applicant to show that animal trial data has the same claimed effect.

In a popular post, Eleonora Rosati explores the EUIPO’s decision to revoke the McDonald’s ‘BIG MAC’ trade mark due to lack of genuine use. Her commentary highlights the teachings from this decision that even well-known trade marks must succumb to providing high quality evidence of genuine use.

Kevin Spacey’s Christmas video – “Let Me Be Frank” has stunned Hollywood as well as our Kat Mathilde Pavis, who comments on the potential copyright infringement implications of Kevin Spacey impersonating the well-known character off script.

Katfriend (now guest Africa Correspondent) Chijioke Okorie writes on the latest instalment of Nigeria’s take on the issue of the locus standi of collecting societies.

KatFriend David Stone reports on the benefits of registered design rights in the ex-parte pan-EU preliminary injunction Philip Morris International (PMI) received against AMO. This injunction was successful in stopping AMO from marketing within the EU for its tobacco heating product, that PMI asserted was similar to their own IQOS product. As there was no incorporation of PMI’s trade marks, the injunction relied on their registered design rights,  displaying the one of the many benefits of registering designs.

After attending ‘An Evening with Lady Hale, President of the Supreme Court’ hosted by IPSoc, GuestKat Rosie Burbidge has covered the main teachings and insights that Lady Hale raised in her Q&A, from Star Wars (this topic came up on two instances), to challenges and changes facing the legal profession.

In her post GPL Cooperation Commitment: Promise of Collaborative Interpretation, GuestKat Ieva Giedrimaite covers the GNU General Public Licence version 2. It has formed the backbone of compliant distribution of copyleft-licensed software, despite being drafted by software enthusiasts as opposed to legal experts. Its application to contract and IP law principles has no doubt caused some ambiguity and uncertainty.

Image Source: Thatcutesite.com

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 212 [Week ending 13 Jan] A 12th century tale of an orphan work (it's all about the teeth) | AG Szpunar advises CJEU to rule that quotation exception is not limitless and that there is no fair use in the EU | Drinking culture: what’s wrong with it? | Brexit and Brands – 77 days to go | The intractable question of "inadmissible" or "late filed" appeals - G1/18 | Event Report: UCL IBIL - Pregabalin: Where stand plausibility and Swiss-form claims? PART 1 | Untangling jurisdiction under the Design and Brussels Regulations: should I stay or...? | The IPKat Book of the Year 2018 Winners are... | Book Review: The Subject Matter of Intellectual Property | Book Review: The EU Design Approach A Global Appraisal | IPKat congratulates three new IP silks

Never Too Late 211 [Week ending 6 Jan] EUIPO Fourth Board of Appeal allows registration of Bacardi bottle as an EUTM | Beats secures trade mark victory with EUIPO Fourth Board of Appeal | Thanks to higher resolution image, American Airlines has eventually managed to register its logo with the US Copyright Office| You can't buy love ... nor can you prevent others from using it in their trade marks |The HABITAT mark (and co-habitation): Part II |Trade mark classes are not Nice and easy | Lets Get It On...Trial - Another Copyright Infringement Case for Ed Sheeran |Smells like IP infringement? |Orphan Drugs, a successful regulation after all? Or just about to experience its pitfalls?| Choco-tech: A Christmas Selection Box | Book review: Law, Art and The Commons.

Never Too Late 210 [Week ending 23 Dec] Time to celebrate: IPKat remains the most popular IP blog and the most popular copyright blog of all time! | Substance or device - a distinction without a difference? | Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Is the thirty-eight session going to be the lucky one? | The Opinion of the Advocate General in the case C-443/17 (Abraxis case). A lost case for second medical indication SPCs? | German Court prohibits sale of certain iPhone models | In math we trust – China cyberspace writers’ village joins judicial blockchain platform | A Kat's 2018 Copyright Awards | CJEU rules that warehouse storage of counterfeits due for sale falls within scope of distribution right | Why is this Kat laughing once again (hint: it's all about another blue shirt in his wardrobe)? | Brent takes a tumble, trade marks invalidated for being descriptive

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