Around the IP Blogs!

What has happened in the IP blogosphere recently? Here are some updates of interest to our readers!

Copyright

The 1709 Blog in "Not a country for subbers": the inclusion of subtitles in movies vs the enforcement of authors economic and moral rights" analyses the current status of subtitling and subtitles in the EU, by considering both the moral right of integrity in common and civil law country and economic rights. In "Songwriters and music publishers furious with Spotify over US rate appeal" it reports on the decision of some US streaming services to formally object to the new mechanical royalty rate set by the recent Copyright Royalty Board ruling. Finally, The 1709 Blog discusses the recent decision of the Court of Milan regarding the authenticity of a "cut" by Lucio Fontana.

The Kluwer Copyright Blog reports on the "New Swedish guidelines for reasonable compensation in the event of copyright infringement" and discusses Cloud Service Providers and their nature of "service providers" in accordance with Directive 2000/31/EC in light of the V-CAST C-265/16 decision of the CJEU (analysed by The IPKat here) and the proposal for a new Copyright Directive in the Digital Single market. 

Patents

The Kluwer Patent Blog reports on the results of the EPO's online user consultation concerning a procedural option for postponing examination of a European patent application and on the decision of the Danish Maritime and Commercial Court to grant an injunction against Mylan AB's sale of the product Tadalafil »Mylan« containing 5 mg Tadalafil in Denmark. Moreover it discusses the German Federal Supreme Court's decision regarding the requirements for establishing a legal interest in a declaratory judgment of non-infringement under German law and the decision of the Finnish Supreme Court on whether or not the preconditions for precautionary measures were at hand in a patent law infringement case.

Patentlyo writes about the Sophos, Inc. v. PRost Holdings decision, describing it as a reminder that patent validity/infringement is considered on a claim-by-claim basis. It also analyses the pending Supreme Court's petition re where the earlier-filed application is amended to alter its priority claim and asks what happens to the later-filed application's priority claim.

The IPWatchdog blog discusses how to prepare the background section of a Patent specification that complies with the requirements of both U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) and reports on the growth of the EPO Patent Applications and patents granted. Moreover it reports on the rise of the Section 101 allowances at the USPTO after a period of decline.

Trade marks 

The Class 46 blog reports on a recent decision of the Court of Appeal in Turkey, which ruled that regulatory restriction on the sale of cocktail beverages containing distilled alcohols constitutes a proper reason for non-use of a trade mark in Turkey.