Never Too Late: if you missed the IPKat last week

Into the woods

Copyright 

Last week, Eleonora Rosati shared her extensive analysis of the Advocate’s General Opinion in Joined Cases C-682/18 and C-683/18, which addressed a plethora of key issues of European copyright, namely the interpretation of the right of communication to the public for acts performed by user-uploaded content platforms, availability of hosting safe harbours for such platforms and the relationship between Art. 17 of the Digital Single Market Directive and the pre-Directive acquis norms.

While Donald Trump is pushing to have TikTok banned in the U.S., this social media platform is signing copyright licensing agreements with music publishers. GuestKat Hayleigh Bosher addressed the importance of these agreements for the music industry and brings up a bonus question: are TikTok videos parodies? 

Kat Friend Xi Lin provided her comments on Jin Yong v. Jiang Nan, the first fan fiction case in China, where the legal status of an unlicensed fan work was tested in court. The case is currently under appeal, after the first instance court recognised that while making fan fiction does not amount to copyright infringement, the exploitation of fan fiction amount to unfair competition. 

Trade Marks 

While we are being deprived of the Summer Olympics, Guest Kat Peter Ling looked at the Olympic Games from an IP perspective: Peter follows the possible cancellation for lack of genuine use of the word marks “DE COUBERTIN” and “PIERRE DE COUBERTIN” at the Swiss IPO, with the case currently being under appeal with the Federal Administrative Court. 

Despite the summer break, the EUIPO Boards of Appeal remains productive - and keeps GuestKat Nedim Malovic busy as well. Last week, Nedim commented on the appeal decision, issued following an opposition from Hugo Boss against “Boss Shot”, and then on the appeal decision, issued in an opposition from Lego against the figurative sign “Legnoland”. 

Geographical Indications 

Our Asia Correspondent Tian Lu informed about the recent developments of the EU/China agreement on geographical indications.The European Council has now authorised the signature of the agreement, which ensures the mutual protection of 100 European and 100 Chinese GIs. 

FRAND licensing 

In the second part of the academic spotlight miniseries, Merpel voiced her opinion on the study by Jean-Sebastien Borghetti, Igor Nikolic and Nicolas Petit, entitled ‘FRAND licensing levels under EU law’. Merpel synthesizes the report’s conclusions and sees it as a fresh perspective on the obligation of SEP holders to license their patents to any interested parties. 

Event Reports 

With most of events being moved to Zoom or cancelled, the INTA held its first online conference “Brands in Society: Their Influence and Responsibility”. TechieKat Veronica Rodrigues shared the event report about Day 1 and Day 2.