Never Too Late: If you missed the IPKat last week

There is a new Kat on the blog…it’s me (see right)! In case you have missed anything, my tiny paws have been busy summarising the last week's news.

Patents

An inventor must be a natural person, as stated by the European Patent Office, however Dr Matt Fisher argued that Artificial Intelligence (AI) can be inventive too - enough so to warrant the recognition of AI inventors. This has been made apparent through AlphaGo, a computer, making Move 37 in a chess match, a move no competent player would have made. AlphaGo knew there was only a 1 in 10,000 chance a human would have made the move - thus, an inventive move. This gave us a glimpse of a future shaped by computer intuition and, as Matt argued, AI inventiveness. 

Trade Marks

Léon Dijkman addressed the issue of bad faith in the absence of an intention to use. Sky v. SkyKick is again on the table. The Court of Justice of the European Union’s (CJEU) decision as to what constitutes bad faith as well as what may be evidence thereof is set out with reference to Sky v. SkyKick. Inter alia, the mere absence of intention to use is not enough to establish bad faith. 

Copyright

Is a functional shape eligible for copyright protection under the InfoSoc Directive? The issue before the Court of Justice of the European Union (CJEU) in case C-833/18 was whether or not the Brompton Bicycle was eligible for copyright protection. Advocate General (AG) Campos Sánchez-Bordona advised the Court to rule that, if the shape is exclusively dictated by the technical function of the relevant product, then no copyright subsists in it. Eleonora Rosati reported on the Court’s ruling and the reasoning behind it.

The crust crux of this case between Mr Wheat and Google was about jurisdiction, served with a side of communication to the public... Hayleigh Bosher reported on this case from the England and Wales High Court, in which Mr Wheat alleged that Google communicated his copyright-protected works to the public within the terms of section 20(2)(b) CDPA 1988.

Book Review

Still wondering what to spoil your library with? Well, wonder no more. Not only did Hayleigh Bosher provide us with the CUP IPKat book of the year titles, she also delivered the news that IPKat readers are eligible for discounts when purchasing the books!

Copyright is territorial – but is the internet? Sebastian Felix Schwemer addressed this question in his book: 'Access to Content in the European Union, Regulation between Copyright and Competition Law'. Hayleigh Bosher provided us with a teasing glimpse into this book! 

Events

Great Februworry news! Our friends, the Academy of European Law (ERA), are organizing a number of IP events, which come with a nice 25% discount on the registration fees for IPKat readers. Eleonora Rosati provided you the details of the events! 

Other IP Topics: Education, SMEs, Cybersquatting, IPKat Team

Do you believe that P6/FD4 fails to access a candidate’s fitness to practice? Rose Hughes reported on criticism against the P6/FD4 and an attempt to addressing same. The Mercer Review of Training, Education and Assessment (Mercer Review) aims at addressing the criticism leveled at P6/FD4. This includes a review of patent attorney education and training in general. CIPA members have been requested to submit their opinions of the P6/FD4 to the Mercer Review by 14 February 2020. 

Are you an individual, company or research partner seeking to understand the IP system and the possibilities it offers? The European Intellectual Property (IP) Helpdesk will be able to assist you, free of charge. Léon Dijkman conducted a brief interview with Ms Stephanie Weber, the Helpdesk’s Communication Manager, to bring the services of the Helpdesk to the attention of readers and potential users.

Can a finding of cybersquatting impact the enforceability of a contract? Kat friend Mervyn Cheong discussed a recent decision from Singapore that considered the interesting legal question of the relationship between cybersquatting and contract enforceability. 

SpecialKat, Hayleigh Bosher, reported on the Brunel Law School IP Pro Bono Service. The launch event, the pro bono service going forward, the student experience and impact of the project thus far are included.  

Hello…goodbye. It is a new week with new InternKats joining the IPKat team and GuestKats and InternKats saying goodbye. Merpel also provided us with exciting updates on our AmeriKat, GuestKat Alex Woolgar, TechieKat Verónica Rodríguez Arguijo, Asia Correspondent Tian Lu and Former InternKat Riana Harvey.