Never Too Late: if you missed the IPKat last week

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PATENTS

The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing without the consent of all parties. The rapidly scheduled public hearing will take place via Zoom next week. The EPO has now opened registration to watch the live stream. Rose Hughes reported on the EPO’s response to accusations of perceived bias in G1/21.

 

The discussion surrounding the suspension of IP rights in the COVID-19 vaccines has become increasingly heated over the past few months and weeks. The IPKat is delighted to host a guest opinion on the so called ‘TRIPS waiver’ by Prof Daniel Gervais. Read the TRIPS Waiver Debate here.

 

Back in February, the Court of Appeal in IPCom v Vodafone overturned the first instance decision of Mr Recorder Douglas Campbell QC who held that Vodafone could benefit from what seems to be the somewhat mythical defence of Crown use.  Although the decision is relatively dusty in the fast-paced age, the decision warrants further review. Read the decision here.

 

 Does the Irish Court of Appeal in Merck v Clonmel part ways from the CJEU's Santen Article 3(d) decision? Rose Hughes answered the question here.

 

Last year the IPKat started a series recapping patent litigation in some of the major patent litigation jurisdictions in Europe (see reports from the Netherlands, Germany and France). In this second roundup of Dutch patent litigation, we dive into some of the noteworthy patent cases of the Dutch courts from July – December 2020.

 

COPYRIGHT

Common copyright wisdom holds that technological developments primarily change the way that contents are reproduced and distributed. The obvious “then” and “now” are the printing press and the internet. “Then”, the ability to make multiple copies of contents created the conditions for the rise of the publishing industry; “now”, the rise of the internet compresses the timeline, where reproduction and distribution of digital contents occur simultaneously. Neil Wilkof provided an insight into how playlists are changing the nature of musical works.

 

After months of discussion, South Africa’s Portfolio Committee on Trade and Industry reached a formal decision on the President’s reservations in respect of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill. Chijioke Okorie reported on South Africa’s National Assembly’s decision to rescind the pass of the Copyright Amendment Bill.

 

TRADE MARKS

The anonymous graffiti artist known as Banksy is no stranger to trade mark wrangling, with this week’s cancellation decision by the European Union Intellectual Property Office’s Cancellation Division following hot on the heels of similar proceedings last September, concerning the work 'Flower Thrower'. Sophie Corke reported on the cancellation decision here.

The famous musical, "Fiddler on the Roof", is all about the complexities of tradition. Indeed, there is an entire song dedicated to it. But tradition can also play a role in trademark law. Former Guest Kat Peter Ling has visited the IPKat lair and shares with Kat readers the potential risk of transferring a registered trademark without the accompanying goodwill.

 

OTHER IP TOPICS

The Digital Scholarship Institute is launching its activities by the publication of “The Aequitas Principles on Online Due Process”. The Digital Scholarship Institute is focused on facilitating norm-setting processes in the context of balancing online rights such as free speech, privacy, and intellectual property. The goal is to facilitate a broader discussion of these issues in both the private and public spheres and to help frame the appropriate framework within which these processes should take place. Merpel McKitten provided all the details on the Digital Scholarship Institute.