Around the IP Blogs

The IP blogs were very active during the last week of April! That's why the IPKat is here to collect some of the most notable posts for you!

 

TRADE MARKS

Certain non-agricultural products originating from a specific geographical area and known for their qualities (e.g. Brač stone or Murano glass) can be considered craft and industrial products (CIPs) and are eligible for protection at the international level through the Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical Indications. What about the EU? In April 2022, the EU Commission's impact assessment report looking at the situation of CIPs in the EU showed that the lack of an adequate legal regime "creates a disincentive to investment in traditional crafts in the EU, adding up to increased costs and legal uncertainty for producers". What are the next steps? The Kluwer Trademark Blog reported on the proposed independent EU regime for CIPs and other findings in a related article.

Pursuant to Article 2(2) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the application for international registration shall be filed with the International Bureau through the intermediary of the Office with which the basic application was filed or through which the basic registration was made. Therefore, the role of the basic mark is crucial for international registration in the Madrid system, which has prompted MARQUES to discuss its importance and provide some tips on filing strategies.

COPYRIGHT

Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. Specifically, the case involved the Massachusetts Museum of Contemporary Art Foundation (Mass MoCA) Foundation in North Adams and Christoph Büchelis, a Swiss installation artist.

Kluwer Copyright Blog has posted about the outcome of the Court of Justice of the European Union's decision in Case C-401/19 - Poland v. Parliament and Council on the liability regime of Article 17 of the DSM Directive, which addresses whether the provision violates users' freedom of expression. The blog also reported on the status of national implementations of the DSM Directive in the EU Member States and whether they are following the line set by the Court in the decision in question.

PATENTS

The Court of Justice of the European Union also ruled in Case C-44/21, with respect to patents, on the question of whether courts can issue preliminary injunctions even if validity has not been upheld in opposition or invalidity proceedings. Background and analysis of the Judgment are provided by Comparative Patent Remedies.

In the United States, there is a new development in the Epic Games v. Google case: Epic Games is seeking an injunction against Google that would prohibit enforcement of Google Play's amended policies with respect to its (freshly acquired) music marketplace Bandcamp. Foss Patents comments on Epic's PI motion.