Catch up with the latest developments in IP with the 220th edition of Never Too Late!
Trade marks
This kat is catching-up! |
GuestKat Frantzeska Papadopoulou discusses the decision of the Court of Justice of the European Union in C-497/17, which held that the organic production logo of the EU may not be placed on meat derived from animals that have been slaughtered in accordance with religious rites if not first being stunned.
SpecialKat Hayleigh Bosher analyses the decision of the fifth chamber of the Court of Justice of the European Union (Case T‑215/17) regarding figurative trade marks representing fruits.
Hans Eriksson provides a report on a Swedish decision regarding black-and-white representation of signs.
Patents
In Your FRANDly Update: Ericsson v HTC, FRAND in India, jurisdictional issues (again), Unwired Planet v Huawei, ASUS v Interdigital and more, AmeriKat Annsley Merelle Ward provides updates in the FRAND field.
Paola De Donato analyses a recent Italian decision concerning damages for patent infringement under Italian law.
IPR Carosel
Rose Hughes reports on the announcement of CIPA President that CIPA would be conducting a review of the training, support and assessment of students.
Rose Hughes reports on the announcement of CIPA President that CIPA would be conducting a review of the training, support and assessment of students.
Kat Eleonora Rosati writes about the return of the IP Law Summer School in Cambridge between 12 and 16 August. Eleonora also discusses a case recently decided by the CJEU on the Statute of the European System of Central Banks which might be relevant to situations in which an EU Member State has incorrectly transposed an EU directive into its own national law and consequently have potentially important implications in the field of IP.
GuestKat Mathilde Pavis provides a review of “Creating Economy - Enterprise, Intellectual Property and the Valuation of Goods”.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 219 [Week ending 3 Mar] Dutch court rules that patents based on Ethiopian Teff flour lack inventiveness - Ancientgrain BV and Bakels Senior NV | Radical changes in the SPC system in the EU: SPC export and stockpiling exception soon a reality | BREAKING: 2018 FD4 (P6 - Infringement and Validity) Pass Mark Reduced | BREAKING: Mr Justice Arnold finds Genentech's anti-IL-17 patent and SPC application invalid, but not without a CJEU reference first | The future of past(a)? | Keeping up with the Copyright Directive | A reminder that originality threshold is low, but does indeed exist | Innovation in the mass entertainment industry: maybe ask the Romans | Dance dance dance: another episode in the Fortnite saga | 31 countries offer ‘site blocking’ in cases of copyright infringement, but Switzerland is not one of them | Milan court partly sides with Banksy in interim proceedings for trade mark and copyright infringement | - 15 days to the Textilis decision: “The shape, or another characteristic, which gives substantial value to the goods” | Registered #hashmarks: Yes, No, or Maybe? | Can the god of wealth be registered as a trade mark, and why? | EU General Court proves it can be a real heartbreaker when it comes to trade mark applications | Law Society's guidance on IP and No-Deal Brexit | Magical Realism: Crypto-Coins, Country Brands and More | IP Up in the Air: Report from the Airbus IP Seminar | 3D Trademarks and Other Non-Traditional Trademarks – Report on the Joint University of Geneva/INTA Yearly Conference on Intellectual Property
Never Too Late 218 [Week ending 24 Feb] Purity can be unconventional, a new position for the EPO boards of appeal (T 1085/13) |EPO's Administrative Council powerless to amend the EPC: The latest on T 1063/18 | Annual Cambridge CIPIL Conference on mens rea in IP | Book review: Assessing Intellectual Property Compliance in Contemporary China | Copyright Trolling: Abusive Litigation Based on a GPL Compliance | Facebook found liable for hosting links to unlicensed content | Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 1 | Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 2 | ‘Glen Buchenbach’ is a misleading indication, Hamburg Court rules | Cyprus modernizes Trade Marks Act following implementation of the EU Trade Mark Directive | BOOKING.COM – When does adding a generic TLD to a generic word make the sign non-generic? | Britannia Rules on SEPs – But is it FRAND? | Breaking: New referral to the Enlarged Board of Appeal on double-patenting
Never Too Late 217 [Week ending 17 Feb] Further thoughts on Levola Hengelo v Smilde Foods and the taste of cheese: did the Court create a "validation" test? | Summary of the roundtable organised by the Nigerian Copyright Commission | BREAKING: Agreement on DSM Directive reached in trilogue| Gigi Hadid faces another Copyright Infringement Claim after posting picture of herself on Instagram |Red Sole Diaries: another chapter | Validity of a Supplementary Protection Certificate. Testing the boundaries in a new ruling by the Swiss Tribunal Federal| Closing AGPL cloud services loop-hole: a MongoDB approach |Book review: Tritton on Intellectual Property in Europe |IP News from 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
GuestKat Mathilde Pavis provides a review of “Creating Economy - Enterprise, Intellectual Property and the Valuation of Goods”.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 219 [Week ending 3 Mar] Dutch court rules that patents based on Ethiopian Teff flour lack inventiveness - Ancientgrain BV and Bakels Senior NV | Radical changes in the SPC system in the EU: SPC export and stockpiling exception soon a reality | BREAKING: 2018 FD4 (P6 - Infringement and Validity) Pass Mark Reduced | BREAKING: Mr Justice Arnold finds Genentech's anti-IL-17 patent and SPC application invalid, but not without a CJEU reference first | The future of past(a)? | Keeping up with the Copyright Directive | A reminder that originality threshold is low, but does indeed exist | Innovation in the mass entertainment industry: maybe ask the Romans | Dance dance dance: another episode in the Fortnite saga | 31 countries offer ‘site blocking’ in cases of copyright infringement, but Switzerland is not one of them | Milan court partly sides with Banksy in interim proceedings for trade mark and copyright infringement | - 15 days to the Textilis decision: “The shape, or another characteristic, which gives substantial value to the goods” | Registered #hashmarks: Yes, No, or Maybe? | Can the god of wealth be registered as a trade mark, and why? | EU General Court proves it can be a real heartbreaker when it comes to trade mark applications | Law Society's guidance on IP and No-Deal Brexit | Magical Realism: Crypto-Coins, Country Brands and More | IP Up in the Air: Report from the Airbus IP Seminar | 3D Trademarks and Other Non-Traditional Trademarks – Report on the Joint University of Geneva/INTA Yearly Conference on Intellectual Property
Never Too Late 218 [Week ending 24 Feb] Purity can be unconventional, a new position for the EPO boards of appeal (T 1085/13) |EPO's Administrative Council powerless to amend the EPC: The latest on T 1063/18 | Annual Cambridge CIPIL Conference on mens rea in IP | Book review: Assessing Intellectual Property Compliance in Contemporary China | Copyright Trolling: Abusive Litigation Based on a GPL Compliance | Facebook found liable for hosting links to unlicensed content | Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 1 | Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 2 | ‘Glen Buchenbach’ is a misleading indication, Hamburg Court rules | Cyprus modernizes Trade Marks Act following implementation of the EU Trade Mark Directive | BOOKING.COM – When does adding a generic TLD to a generic word make the sign non-generic? | Britannia Rules on SEPs – But is it FRAND? | Breaking: New referral to the Enlarged Board of Appeal on double-patenting
Never Too Late 217 [Week ending 17 Feb] Further thoughts on Levola Hengelo v Smilde Foods and the taste of cheese: did the Court create a "validation" test? | Summary of the roundtable organised by the Nigerian Copyright Commission | BREAKING: Agreement on DSM Directive reached in trilogue| Gigi Hadid faces another Copyright Infringement Claim after posting picture of herself on Instagram |Red Sole Diaries: another chapter | Validity of a Supplementary Protection Certificate. Testing the boundaries in a new ruling by the Swiss Tribunal Federal| Closing AGPL cloud services loop-hole: a MongoDB approach |Book review: Tritton on Intellectual Property in Europe |IP News from 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: If you missed the IPKat last week
Reviewed by Antonella Gentile
on
Saturday, May 04, 2019
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