It is Friday! Sit back, relax
and catch up on last week's news!
PATENTS
COVID-19 calls for certain patent
exceptions, especially when it comes to manufacturing of respiratory equipment
parts. An Italian hospital requested a local producer to make valves with 3D printers without authorization of the patent holders. Kat friend Carlo Sala looked at how the local producer and/or the multinational group could defend themselves, with regards to patent exceptions, if needed.
TRADE MARKS
A few days ago, the Court of Justice
of the European Union (CJEU) issued its judgment in the important Gömböc
referral (C-237/19). In this matter registration was sought for a shape that is
a self-standing object known as Gömböc, which is “the most sphere-like body
(apart from spheres)”. Verónica Rodríguez Arguijo provided a detailed analysis
of the judgement. Eleonora Rosati highlighted the importance of the CJEU’s
decision beyond the realm of trade marks, including IPR’s.
It started as a passing off claim and
evolved into a trade mark infringement claim. This is the case of PlanetArt LLC
against Photobox Ltd, for which judgement was handed down remotely. Riana Harvey provided insight into this matter.
The SkyKick saga continued. In
decision number three, the law was applied to the facts. The result was that
the court decided that SkyKick infringed Sky's trade marks. Alex Woolgar
delivered key points of the judgement.
Is COVID-19 a Nietzschean (“What does
not kill me makes me stronger”) moment for trade marks and brands? Neil Wilkof looked at the impact of the Black Death on trade marks and brands in order to
create an understanding of what a potential impact of COVID-19 will be on trade
marks and brands.
COPYRIGHT
Official Georgia Codes Annotated was
ruled ineligible for copyright protection by the US Supreme Court. Thomas Key explored
how the Court found that these annotations do not meet the authorship
requirement for copyright protection in Georgia v. Public.Resource.Org.
PLANT VARIETY RIGHTS
Eat now, pay later. In the Nadorcott
Case the plant variety paradigm was shifted from a proprietary to a liability
rule. Vincenzo Vinciguerra, PhD (Roberto Manno's Weblegal) explained the
decision and provided his interpretation on what it means for plant breeders.
OTHER IP TOPICS: IN MEMORIAM
It is with great sadness that the IP community in Israel, and followers of the IP
blogosphere world-wide had to say goodbye to Dr. Michael Factor. Jeremy Phillips and Neil Wilkof paid tribute to him.
Never Too Late: if you missed the IPKat last week
Reviewed by Magdaleen Jooste
on
Friday, May 08, 2020
Rating:
Reviewed by Magdaleen Jooste
on
Friday, May 08, 2020
Rating:
Follow the IPKat on LinkedIn ![[Guest post] Can AI be considered a PHOSITA? Policy debates in the US and the EU](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEggxDO6mW5r4n3-06Af5ckmIaMIhzgPJBoDP8AUsSYXY2zajUQt1ObGVn_GhCgidbG_YDVnybQuJ5XoAjjBG9Ws2xJWDQHNPMrLkn526SWIG371X_Kjt1E8tJmn8Ae_20Phyphenhyphen09JeuUOhhTR3aZE9lMRQlqHGQGcAWGxlo91rrKcLk0AfUjWCvw6RQ/s72-c/Two-cats-eating.jpg)
![[Guest post] Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgbyaylrzV0_WRCvj7gUUBCmaRpZYmu5l_yll7jWk32LFKedtZU9fXBnkBocu6wOPN1hNdAcmsMEbripjNMCtI5Lr3VCYfbl9_PJqCuO2Rq4biGkULEo_x_t06S-N5vBIFdAAjcR0L4Q1knvR2ZFxU_F7ZtqRmDrWbWhA7dfSvRjdYwbSx_6oSPvQ/s72-w121-c-h200/Screenshot%202024-04-17%20at%2012.32.14.png)
Posts
No comments:
All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.
It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.
Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html