Never too late: if you missed the IPKat last week

The 216th edition of Never Too Late is out now!

Copyright

Copyright news begins with Eleonora Rosati looking at the key points on the value-gap proposal from the Franco-German deal. Points include analysis on the liability imposed on smaller companies, the availability of safe harbours, and users’ rights.

Katfriends Emil Jurcenoks and Peter Nørgaard look at the impact of the Danish Supreme Court’s decision on the “de minimis” copyright exception and use of applied art in marketing materials.

GuestKat Nedim Malovic provides an overview of the fundamental freedoms and principles of proportionality that were explored by the Swedish Patents and Market Court of Appeal, regarding Telia's appeal against a blocking injunction granted against them.

Trade Marks

Plenty of trade mark news starting with: GuestKat Alex Woolgar delving into DeepMind’s EUTM application for “STREAMS”, which was rejected by the EU General Court.

In “POSTAUTO: Acquired Distinctiveness for Non-Core Goods and Services?” GuestKat Peter Ling comments on the decision of the Swiss Federal Administrative Court that held that “POSTAUTO” was neither inherently distinctive nor had acquired distinctiveness through use.

Katfriend Marina Perraki provides the current status of and a view on the Greek draft trade mark law. Covering a range of main new points to consider, including the fact that certification marks have been introduced into Greek draft trade mark law.

In “'CHIARA FERRAGNI' not confusingly similar to 'CHIARA', rules EU General Court”, Eleonora Rosati comments on the General Court’s ruling. The main takeaway being that, when assessing similarities between marks, the criteria and principles established are intended to be used as guidance rather than a checklist.

Wine isn't the only thing that fits into
a Pringles cans

The new Finnish Trade Mark Act, which is coming in to force during the spring of 2019, implements the Trade Mark Directive with other IP reforms is discussed by Katfriends Panu Siitonen and Sarita Schröder.

Another post by a Katfriend, in “Drinking wine from a Pringles can: parody or trade mark infringement?” Andrea Rossi reflects on when Pringles, drunk cart drivers, wine, art, and trade mark law come into contact.

Patents

GuestKat Rose Hughes takes a look at the recent application of the Actavis case in the High Court case Regen Lab v Estar [2019] EWHC 63, where the Actavis questions were applied to a numerical value for the first time.

InternKat Jonathan Pratt also looks at the application of Actavis in "Formstein defence in the UK? Technetix B.V. v Teleste Limited".

Other

The AmeriKat provides another FRANDly update, covering HTC v Ericsson, European Parliament SEP analysis, and more!

The EUIPO is calling for views on their strategic plan until 2025: Hayleigh Bosher outlines the details here.

Katfriends Irene Calboli and Jacques de Werra report on the First IP & Innovation Researchers of Asia Conference, held at the International Islamic University Malaysia from 31st January to 1st February.

Former PermaKat Nicola Searle provided a report on the recent MIP International Women’s Forum.

Katfriend Paul Kimani shares his thoughts on the new Kenyan Reform on Traditional Knowledge and Traditional Cultural Expressions.

Mathilde Pavis reviews the book: “The Platform Economy – Unravelling the Legal Status of Online Intermediaries”, by Bram Devolder.  While not being specifically related to IP, it is still a recommended read due to the implications of IP within the ‘platform economy’.

Image Source: IMGUR

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 215 [Week ending 3 Feb] EUIPO Fifth Board of Appeal says that a request for cancellation is unfounded when based on non-existent earlier right | CJEU: ‘EZMIX’ devoid of distinctive character and descriptive for software used in music production | If you Trespass on a trade mark you won't have a FUNTIME | Copyright infringement: physically possible? | German Court determines the limits of private copying | Exploiting arrangements of traditional (gospel or folk) music in South Africa | Thinking out loud on composers, craftsmanship and copycats | VMware GPL case is back in court—will we finally get some clarity on the meaning of "derivative work"? | PI awarded following disagreement with EPO on added matter - Novartis v Dr Reddy's | Court of Appeal reaffirms English Court as forum for SEP disputes | The novelty of “on sale inventions” under a confidentiality agreement with regards to an “on sale” invention: the US Supreme Court rules | China IP Office released major IP statistics of 2018 | New Chinese E-Commerce Law and its impact on IPR protection | Hola, I will have the IP--and a shot of Tequila | Book Review: Concise European Trade Mark Law | Writing a proposal for an LLM/PhD thesis: what do you need to think about? | Young ICCA – WIPO Seminar on IP Arbitration | Interested in fashion law? Here's a 1-day course which comes with a 10% discount for IPKat readers | Here's a new edition of Retromark ... to catch up with all the (cool) trade mark news! | The IPKat welcomes first Africa correspondent

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.