Around the IP blogs

Here comes your one-stop shop in the exciting world of the IP blogosphere! 

An optimistic cat

Patents 

Following the EPO and the UKIPO, the USPTO has also rejected the DABUS application for a patent [the IPKat reported on the EPO’s refusal to grant a patent to an AI-inventor here]. Patently-O and Lexology briefly commented on the rationale behind the USPTO decision.

The Group of Experts on Standard Essential Patents, appointed by the European Commission in 2018, will soon release its report on licensing and valuation of SEPs. Last week, Kluwer Patent Blog discussed which points should be addressed in the Report, covering all stages of the standardization process.

Trade marks

Legalshift continued its series on Ukrainian case-law concerning trade mark infringement on the Internet. This most recent post covers cases in which trade marks are used in domain names, on social networks and even as favicons (had to google this last one).

Copyright

Julia Reda, ex-MEP and an active opponent of the EU copyright reforms, covered three recent decisions from the German Federal Supreme Court for the Kluwer Copyright Blog [one of them, Pelham, is also analysed by the IPKat here]. All three were the subject of preliminary rulings (C‑469/17, C‑516/17 and C‑476/17), delivered by the CJEU last year and extensively discussed [see IPKat’s posts here, here and here]. In Funke Medien and Spiegel Online, the Bundesgerichtshof confirmed that the German press had lawfully published military reports and a book chapter, respectively, as both cases fell under the exception for reporting of current events by the press. The sampling dispute in the Pelham case has been referred back to the regional court of appeal.

After Bella, Gigi and Kendall, paparazzi-filed infringement lawsuits continue. This time it is against the fashion house Fendi, for its failure to secure a license when posting on Instagram a paparazzi’s picture of Blake Lively wearing their outfit. TheFashionLaw briefly reported on this lawsuit, filed by Eva’s Photography against Fendi.

Other issues

SpicyIP featured a guest post by Neha Mishra on cross-border data flows under the guidelines of the WTO. Most international trade agreements are not suited to address issues arising from cross-border data flows. Mishra looked into how a flexible reading of the WTO General Agreement on Trade in Services (GATS) would enable the WTO to better align itself with principles of internet openness, privacy and security.