Never too late: if you missed the IPKat last week

The 217thedition of Never Too Late is here now.


Following on from Kat Elenora Rosati’s delicious dissection of the CJEU decision in Levola Hengola v Smilde Foods, Neil Wilkoff writes about some further thoughts on the case. In particular, whether a new test has been created by the court and if the taste of cheese could ever be validated and hence protected.

Some cheese will never be protected from this Kat
IPKat’s Africa Correspondent provide a summary of the roundtable organised by the Nigerian Copyright Commission. The roundtable discussion was on the recent decisions of Nigeria’s Supreme Court (SC) in Adeokin v MCSN (summarised by Kat Eleonora Rosati here) and Compact Disc v MCSN on the locus standi (right of action) of collective management organisations (CMOs) under the Nigerian Copyright Act.

Agreement was finally reached on key provisions in the draft Directive on Copyright in the Digital Single Market and this was announced in a post by Eleonora Rosati.

The interesting case of Gigi Hadid facing a Copyright Infringement Claim for posting a picture of herself on Instagram was analysed by Hayleigh Bosher.

Trade Mark

The latest development in the Louboutin red sole trade mark saga was reported on Valentine’s Day by Kat Eleonora Rosati. The Court of The Hague, which originally referred the case to the CJEU, delivered its judgment. Further comment was provided by Katfriend and Louboutin litigation expert Carina Gommers.


GuestKat Frantzeska Papadopoulou discusses the boundaries for Supplementary Protection Certificates (SPC) following the Swiss Tribunal decision between Genzyme Corporation (holder of supplementary protection certificate No C00716606/01), and its  licensee, Sanofi-Aventis (holder of the authorizations for the products Renagel and Renvela)


GuestKat Ieva Giedrimaite takes a look at the new Server Side Public License being used for cloud-based services offered by MongoDB to close the loop-hole in the GNU Affero Gneral Public License (AGPL).

Hayleigh Bosher provides a review on the latest fifth edition of Tritton on Intellectual Property in Europe. The extensive and exhaustive coverage of all such a broad range of IP makes this book essential reading for all intellectual property practitioners. It will also appeal to those working, studying or researching in the field of IP.

Katfriend Fredy Sánchez Merino brought us a review of recent IP developments in Latin America, this time with a focus on the Southern Cone.


Never Too Late 216 [Week ending 10 Feb] The value gap proposal in the latest Franco-German deal: what are the key points? | Danish Supreme Court in Würtz v Coop confirms existence of "de minimis" copyright exception for use of applied art in marketing materials | Swedish Patents and Market Court of Appeal finds request for blocking injunction against ISP disproportionate | General Court refuses DeepMind's trade mark for STREAMS | POSTAUTO: Acquired Distinctiveness for Non-Core Goods and Services? | A view of the Greek draft trademark law after the close of public consultations | 'CHIARA FERRAGNI' not confusingly similar to 'CHIARA', rules EU General Court | Fin(n)ishing late: New Finnish Trade Mark Act and other IP reforms eagerly awaited | Drinking wine from a Pringles can: parody or trade mark infringement? | Applying the Actavis questions to numerical limitations: Regen Lab v Estar | Formstein defence in the UK? Technetix B.V. v Teleste Limited | Your FRANDly Update: HTC v Ericsson, 5G/IoT SEP Licensing Consultation, Globalization of FRAND, European Parliament SEP analysis & more | EUIPO Strategic Plan 2025: Call for views | Asian IP express: on the First IP & Innovation Researchers of Asia Conference | Report on MIP International Women's forum | Kenyan Reform on Traditional Knowledge and Traditional Cultural Expressions: Two Year On | Book review: The Platform Economy - Unraveling the Legal Status of Online Intermediaries

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.

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: if you missed the IPKat last week Never too late: if you missed the IPKat last week Reviewed by Jonathan Pratt on Wednesday, March 27, 2019 Rating: 5

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