Around the IP Blogs

As good Kats, we are always paying attention to our surroundings. Come with this Kat for a stroll around this week’s posts from IP blogs.

Copyright

A Kat walking and enjoying its freedom.

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.

Is the Spanish implementation of Art. 17 CDSM compatible with EU law? This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic.

This week, the European Commission published a recommendation for a common European data space for cultural heritage, considering the digitisation of works for future generations, as noted by the Kluwer Copyright Blog.

The U.S. Supreme Court will hear an ongoing case involving the alleged infringement of a geometric clothing pattern by a fast fashion store. Apart from the discussion regarding copyright infringement, the validity of the registration is also being questioned. The Fashion Law analyses the matter, including the decision of the first instance court and its reversion upon appeal.

Patents

To celebrate the 5th anniversary since the introduction of the Patent and Market Court in Sweden, on the EPLAW blog Erik Ficks provides an analysis of the positive impacts that the establishment of specialised courts has had. For patents, the Swedish specialised courts have provided a great gain in efficiency and low rate of appeals.

As the Italian Supreme Court recently issued a decision privileging loss of profits over reasonable royalty rate on the calculation of damages in an infringement case, Thomas Cotter from Comparative Patent Remedies reflects on the suitability of this criterion.

Trade Marks

The IPWatchdog explains the most recent change to the Brazilian trade mark framework as introduced by the Brazilian Patent and Trade Mark Office (INPI – Instituto Nacional da Propriedade Industrial, in Portuguese), after it began accepting (on 1 October 2021) applications to register position marks.

The Kluwer Trademark Blog analyses the interface between geographical indications and trade marks in light of a recent German Supreme Court’s decision, which highlighted that the geographical indication regime does not preclude protection of qualified geographical indications by way of national collective trade marks.