Never Too Late: if you missed The IPKat last week

Patents

GuestKat Rose Hughes has been untiring in documenting how using video conferencing (ViCo) in oral proceedings of the EPO’s Board of Appeal has been unfolding [see the bottom of this post for the full list of The IPKat’s posts on the topic]. Last week, Rose reported that the Enlarged Board of Appeal (EBA) has decided to reschedule oral proceedings in G1/21, where the issue of ViCo is to be decided, following a request from one of the parties, who claimed not having been given sufficient time to consider the EPO’s President submissions on the referral.

Trade marks

The trade marks section of The IPKat included an interesting double feature. Within a single post, Tobias Cohen Jehoram and Irenah Klink first offered a guest post on the issue of re-filings of trade marks after the Monopoly judgement from the Court of Justice. The guest post was prepared as a response to an earlier analysis of the same case, published by The IPKat. The guest authors disagreed with The IPKat´s reading of the Monopoly case: according to Tobias and Irenah, a repeat filing for identical goods will not automatically be considered bad faith. In a counter-response. SpecialKat Tian Lu expressed an alternative view to some of Tobias’ and Irenah’s arguments. Tian, for instance, disagrees with the reasoning that the General Court saw re-filings as a “a legitimate business practice”.

Copyright

Ansgar Kaiser prepared a guest post on the German implementation of Art 17 of the Digital Single Market Directive. The German transposition norms notably feature a so-called de minimis use exception, whereby certain uses will not fall under the scope of automatic filtering (e.g. up to 15 seconds per a cinematographic use). As a follow-up, Kat readers are uged to read a subsequent post from Eleonora Rosati on the Commission’s Guidance on how to implement Art 17, released this Friday. The Commission has interpreted the Directive as precluding any de minimis statutory exemptions to Art. 17 in Member States’ national laws.

Book Review

SpecialKat Hayleigh Bosher shared a book review of “The Routledge Handbook of EU Copyright Law”, edited by our PermaKat Eleonora Rosati. The handbook includes six parts, made up of 24 chapters, including issues such as unification of EU copyright law, and the role of fundamental rights in shaping copyright exceptions), and are authored by both academics and practitioners. The book review also includes a 20% discount code in the end of the post.