Never too late: if you missed the IPKat last week

It’s starting to feel like summer. But not only that, here’s what you missed from the IPKat last week.

Copyright

Mr Justice Zacaroli finds manufacturing software copyright infringed and confidence breached in ex-employee fight

Annsley Merelle Ward reported on the English High Court’s decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd. The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information.

Hong Kong – Amendments to Copyright Ordinance with effect from 1 May 2023

Former InternKat James Kwong updated us on recent amendments to Hong Kong’s copyright legislation. These include a new technology-neutral exclusive right for copyright owners to communicate their works to the public through any mode of electronic transmission, and the introduction of new copyright and fair dealing exceptions.

Designs

Can a third party rely on the 12-month grace period for prior design disclosure?

Marcel Pemsel analysed the CJEU’s General Court decision in Activa – Grillküche, which dealt with the 12-month grace period for publications under the Community Design Regulation to be protected from public disclosures of identical designs. The question considered was whether this grace period applies if the applicant of the design was not identical to the designer or its successor.

Patents

The free evaluation of evidence of prior use (T 0042/19)

Rose Hughes commented on this European Patent Office Board of Appeal decision, which evaluated the relationship between the principle of the free evaluation of evidence and the competency of the Board of Appeal to overturn findings of fact at first instance.

Trademarks

Book Review: Trade marks contrary to public order and morality + discount code

Anastasiia Kyrylenko reviewed this publication by Boris Catzeflis, which covers the absolute ground of refusal in trademark law for signs that are contrary to public order or morality. IPKat readers may enjoy the book with a special discount, available here until June 15, 2023.

Conferences

Netherlands calling with a 10% discount on C5's Pharma & Biotech Patent Litigation Conference

Annsley Merelle Ward informed us that this year's C5 Pharma and Biotech Patent Litigation Conference is being held in Amsterdam on 23-24 May 2023. The agenda can be found here. The IPKat is pleased to offer a 10% discount for all IPKat readers who mention the code D10-630-630FX01.