Around the IP blogs!

What is going on in the IP world? Let's catch up with this new edition of Around the IP Blogs!

The 1709 Blog reports on the US Supreme Court decision in Fourth Estate Public Benefit Corp. v. Wall Street LLC. The judgment deals with the interpretation of the expression "registration" in the US Copyright Act, 17 U.SC. § 411(a). This case, together with another U.S. Supreme Court decision regarding the award of costs, is also discussed by IP finance. Furthermore, the 1709 Blog writes about the cancellation of the Guillaume Verda Exhibit further to accusations on social media of copying of Jean-Michel Basquiat and analyses copyright infringement under French law. Finally, still The 1709 Blog discusses Kim Kardashian's complaint against the U.K. fast fashion retailer Missguided for trade mark infringement and violation of her right of publicity.
The Kluwer Copyright Blog discusses a decision of the French Court of Cassation regarding French comedian Coluche which relates to the definition of fixation of performance (Articles L. 212-3 and L. 212-4 of the French Intellectual Property Code). This blog also reports on the Finnish Market court's decision regarding copyright in Iron Sky, and the dismissal of the claims of animators and visual effects technicians who had asserted that the producers of the film used protected content for the sequels of the film without their permission.
In addition, the Kluwer Copyright Blog writes about the recent reference for a preliminary ruling from the Court of Appeal of Paris concerning the nature of breach of the terms of a software licence agreement, asking the CJEU, in particular, if such breach should be considered as an infringement of the right of the author of the software or a contractual breach.

The Kluwer Patent Blog discusses the German Federal Patent Court's decision that denied SPC protection for animal feed additives and the EPO's Boards of Appeal's referral of three questions relating to computer implemented simulation to the Enlarged Board of Appeal. That blog also reports on the decision of the District Court of The Hague that invalidated the basic patent and SPC covering cinacalcet for lack of inventive step and consequently invalidated also the SPC; it also covers the recent the referral of a preliminary question to the CJEU by Arnold J concerning the grant of and SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held by a third party without that party's consent.

Patently-O writes about the ineligibility of a claimed "snoring detection device" as directed to the abstract idea of "detecting snoring".

Trade marks
The Kluwer Trademark Blog writes about the decision of the Swiss Federal Administrative Court which held that there is no likelihood of confusion between the "J" trade mark of an Italian company and the APPLE figurative trade mark.IPwatchdog reports on China's draft regulation "Several Provisions of Regulating the Application for Registration of Trademark", a first attempt to spot and reject fraudulent trade mark applications.
Around the IP blogs! Around the IP blogs! Reviewed by Antonella Gentile on Sunday, March 10, 2019 Rating: 5

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