Passionate about IP! Since June 2003 the IPKat has covered copyright, patent, trade mark, designs, info-tech and confidentiality issues from a mainly UK and European perspective. Read, post comments and participate!

The team is Eleonora Rosati, Annsley Merelle Ward and Merpel. E-mail the Kats here!

The team is joined by GuestKats Kevin Bercimuelle-Chamot, Jocelyn Bosse, Alessandro Cerri, Anastasiia Kyrylenko, Marcel Pemsel and Anna Maria Stein.

SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Antonios Baris (Book Review Editor), Rose Hughes (PatKat) and Chijioke Okorie (Africa Correspondent).

InternKats: Asude Sena Moya and Söğüt Atilla.
Home / Aleksandra Czubek / CJEU / InfoSoc Directive / non-agricultural GIs / patents / PDOs / PGIs / trade marks / Never too late: If you missed the IPKat last week!

Never too late: If you missed the IPKat last week!

- , , , , , , ,
The new season is fully on and so are the IP-related news delivered by the IPKat. If you want to stay up-to-date, check out the below summary. 



COPYRIGHT

Lokesh Vyas delivered a guest contribution exploring the potential of Article 17 of the Berne Convention as an unexplored emergency provision in international copyright law. 

Eleonora Rosati provided a short preview from the second edition of the Copyright and the Court of Justice of the European Union which is going to be released on 5 October, concerning the potential interpretation of the notion of pastiche.

Former GuestKat Mirko Brüß described the German Federal Court of Justices’ question to the CJEU: (i) is the exception for use for the purpose of pastiche within the meaning of Article 5(3)(k) of the InfoSoc Directive a catch-all provision at least for an artistic treatment of a pre-existing work or other subject matter? and (ii) do restrictive criteria such as the requirement of humour, imitation of style or homage apply to the concept of pastiche?

TRADE MARKS

Marcel Pemsel:

  • analysed the German Higher Regional Court’s of Düsseldorf judgment concerning whether in-store sales of luxury brands in discount stores constitute trade mark infringement, with respect to the sale of JOOP! and Calvin Klein perfumes in the discount retail stores of ALDI SÜD;
  • commented on the CJEU decision considering whether an exclusive distribution agreement between infringers is sufficient for joint jurisdiction.

PATENTS

Rose Hughes considered a recent US Court of Appeal of the Federal Circuits’ decision on the interaction between two peculiarities of the US patent system: patent term adjustment (PTA) and obviousness-type double patenting. 

GEOGRAPHICAL INDICATIONS

Devanshi Saxena delivered a contribution concerning the sustainability requirements in the recently adopted Regulation on geographical indication protection for craft and industrial products, also known as non-agri GIs.

Anastasiia Kyrylenko also summarised the European Parliament‘s adoption of the GI Regulation.

Anna Maria Stein reported on several amendments to the Italian Industrial Property Code, including the strengthening of protection of designations of origin (PDOs) and geographical indications (PGIs).
Never too late: If you missed the IPKat last week! Never too late: If you missed the IPKat last week! Reviewed by Aleksandra Czubek on Thursday, September 21, 2023 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Subscribe to: Post Comments ( Atom )
Powered by Blogger.