Never too late: if you missed the IPKat last week

Here's the 215th edition of Never Too Late!

Trade marks

In EUIPO fifth board of Appeal says that a request for cancellation is unfounded when based on non-existent earlier right GuestKat Nedim Malovic discusses the EUIPO decision concerning the Polo/Lauren Logo. The fifth board of Appeal rejected the request for invaliditation of the Polo/Lauren Logo as it was based only upon an industrial design right which ceased to be valid due to its not renewal.

In CJEU: "EZMIX" devoid of distinctive character and descriptive for software used in music production Nedim Malovic reports on the CJEU's decision in C-48/18, underlying that once again the CJEU made it cleat that only decisions on point of law may be subject to appeal to the Court.

If you Trespass on a trade mark you won't have a FUNTIME, by GuestKat Rosie Burbidge, discusses the recent decision in Leun Fat Metal and Plastic Manufactury Limited v Jacobs & Turner Limited t/a Trespass's IPEC, which acknowledge the inherent and acquired distinctiveness of FUNTIME for goods in class 28 (Games, toys and plaything; electronic games).


Copyright infringement: physically possible? by GuestKat Cecilia Sbrolli discusses the possibility to consider math exercises as a form of literary work and that the unauthorised publication of the exercises might be considered tantamount to copyright infringement.

Former GuestKat Mirko Brüß writes about a recent German decision in which a radio steam ripping service were found liable for copyright infringement and consequently discusses about the exceptions and limitation of reproduction right as provided by Germany in section 53 of the German Copyright Act and the who "pushed the button" test. (German Court determines the limits of private copying). 

In Exploiting arrangements of traditional (gospel or folk) music in South Africa Chijioke Okorie writes about the "16,7 % arrangement rule" applied to arrangements of traditional music and discusses the nature of traditional music: is it an orphan work or is it in the public domain?

In thinking out loud on composers, craftsmanship and copycats Kat friends Jakob Wested and Jørgen Blomqvist discuss the 9th Circuit Court of Appeal decision regarding Robin Thicket and Pharell Williams's copyright infringement on Marvin Gaye's song "Got to Give it Up". 


In VMware GPL case is back in court - will we finally get some clarity on the meaning of "deriative work" GuestKat Ieva Griedrimaite discusses Hellwig v VMware and, in particular, the scope of the General Public Licence (GPL) applicability and the reach of its copyleft effect.

PI awarded following disagreement with EPO on added matter - Novartis v Dr Reddy's focuses on the English Patents Court decision granting Novartis a preliminary injunction to prevent infringement of its second medical use patent protecting sales of its breast cancer drug everolimus.

In Court of Appeal reaffirms English Court as forum for SEP disputes IPKKat correspondents Jane Mutimear and Richard Vary discuss the appeal on the English Court's jurisdiction to grant a global FRAND licence where UK sales only account for 1% or less of the sales on which royalties are claimed.

The novelty of "on sale inventions" under a confidentiality agreement with regards to an "on sale" invention: the US Supreme Court rules by GuestKat Frantzeska Papadopoulou reports on the  recent US Supreme Court's interpretation of "on sale" invention of the Leahy-Smith America Invents Act (AIA) and how this impacts on the issue of the novelty of an invention.

IPR Carousel

In China IP Office released major IP statistics of 2018 Asia Correspondent Tian Lu reports on the growing number of IPR applications in China. New Chinese E-Commerce Law and its impact on IPR protection focuses on the E-Commerce Law (effective as 1 January 2019) and, in particular, on the scope of "e-commerce", "e-commerce business operators" and on some key provisions on IPR Protection such as guidance on the complaint procedure and liability of the platform operators.

In Hola, I will have the IP -- and a shot of Tequila Kat friends Fredy Sánchez Merino reports on IP developments in Latin America. Mathilde Pavis writes about the UK Intellectual Property Office's call for evidence n the implementation of new copyright regulation introduced in 2014.


GuestKat Rosie Burbidge reviews Concise European Trade Mark Law.

In Writing a proposal for an LLM/PhD thesis: what do you need to think about, Eleonora Rosati gives precious advice concerning the drafting of a Phd/Master thesis's proposal. 

Peter Ling reports on the Young ICCA - WIPO Seminar on IP Arbitration.


Never Too Late 214 [Week ending 27 Jan] Book Review:International Patent Litigation – Developing an Effective Strategy | The Fortnite lawsuits: why performers stand a fighting chance to beat the game | Can you sell a quotation…of dance? Another perspective on the ‘Fortnite’ lawsuits | CHEESE for (cannabis) seeds not a valid trade mark, says EUIPO First Board of Appeal | So just how much is the iPhone aspirational? | Swedish patent case-law and 2018 patent highlights | Swedish Supreme Court finds hypothetical licence fee too hypothetical | Is a prohibition to use also a proper reason not to use? AG Szpunar thinks not necessarily | The CNY 260 million fine on QVOD is final! |Full speed ahead for DeepMind's AI patent applications | Is it time to rethink the patent drawing requirements? |Why was there a need for a Trade Secrets Directive? An Italian perspective | Preliminary injunctions in parallel patent infringement proceedings. Lessons to learn | Forfeiture of a trade mark as part a criminal conviction: a Nigerian perspective |In memoriam Walter Chandoha, the man who revolutionized the photography of cats (and announcing an IPKat call for pictures) 

Never Too Late 213 [Week ending 17 Jan] Book Review: European Libraries and the Internet: Copyright and Extended Collective Licences | Book review: European Design Law: A practitioner's guide (2nd edition) | Discount on IPKat Book of the Year Award winning titles! | Lost in translation: Are animal models predictive of a treatment effect? | EUIPO says McDonald's 'BIG MAC' trade mark may be revoked due to lack of genuine use | “Let Me Be Frank”: Kevin Spacey gambles with infringement | Technicalities in copyright litigation in Nigeria: MCSN v Compact Disc Technology | Mr Justice Nugee grants Philip Morris ex parte pan-EU preliminary injunction for heated tobacco device design | From Star Wars to diversity: An audience with Lady Hale - President of the UK Supreme Court | GPL Cooperation Commitment: Promise of Collaborative Interpretation

Never Too Late 212 [Week ending 10 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: if you missed the IPKat last week Never too late: if you missed the IPKat last week Reviewed by Antonella Gentile on Monday, March 04, 2019 Rating: 5

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