Around the IP Blogs

Soaking up the sun!

It's a sunny Sunday morning in South Africa, which means only one thing: it's time to look at what happened in the IP world the past week! 

Patents

Can an SEP holder like Nokia freely decide, without breaching its FRAND obligations, to whom in the supply chain it offers a licence? That is the key question in the current connected cars lawsuits. After the oral hearing in the dispute between Nokia and Daimler and its supplier of connectivity modules (case ID: 4c O 17/19) it seems increasingly likely that the Regional Court Düsseldorf will refer this issue to the CJEU for clarification. JUVE Patent reported on the oral hearing.

A 17-year-old DE patent for digital printing was completely revoked by the BPatG. The patent did not meet the requirement of novelty, the court ruled, thus overturning the contradictory decision of the DPMA. M-D reported on the revocation of the patent.

Trade marks

Chanel added a camellia drawing to its arsenal of trademarks! The Fashion Law reported on the USPTO issuance of a registration to Chanel for the flower drawing.

A common advertising message of a Unionmark establishes lack of distinctiveness. However, a descriptive character may not automatically be assumed in a trademark with an advertising message, but must be demonstrated. M-D elaborated on the European Patent and Trademark Office’s (EUIPO) rejection of an application for the EU figurative mark  ”achtung! ” for lack of distinctive character.

Copyright

Should Illegal Works Receive Copyright Protection? SpicyIP analysed whether illegal works should receive copyright protection in India.

Other: License and counterfeiting

In a big win for Qualcomm, the Ninth Circuit Court of Appeals, in FTC v. Qualcomm, found that Qualcomm had not violated competition law based on licensing practices, including refusal to deal and FRAND practices. IP Finance reported on the founding of the court.

Is the UK still a world leader in tackling intellectual property crime? Six years ago, the UK was considered a world leader in protecting intellectual property rights. Many believe it is now falling behind other countries. The Trademark Lawyer compared plans of the UK and other countries to protecting intellectual property rights.