Never Too Late: If you missed the IPKat last week!

Here is a weekly catch-up of what you might have missed!

Copyright

Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered unfair due to the dominant position of SGAE in the market. Our Katfriend explained the key points of the decision. 

Marcel Pemsel analysed three parallel cases (I ZR 139/23, I ZR 140/23, and I ZR 141/23) on the copyright protection of a wallpaper. All defendants had used the copyright wallpaper in different contexts, such as hotels and restaurants. While there was no dispute regarding the terms of copyright ownership, reproduction, and making available to the public, the German Supreme Court discussed the plaintiff’s implied consent. The court decided that the defendants’ use of the wallpaper did not constitute infringement.

Chijioke Okorie updated the readers on two bills: (1) the Copyright Amendment Bill (CAB) and (2) the Performers’ Protection Amendment Bill (PPAB). On 15 October 2024, South Africa's President Cyril Ramaphosa referred the two mentioned bills to the Constitutional Court because of possible constitutional issues. According to section 79 of the South African Constitution, a referral to the Constitutional Court is the appropriate step when a bill has not fully accommodated the President’s reservations. 

Patents

Rose Hughes is back with the review of a long-awaited Board of Appeal decision. Focusing on the description amendment issue, the case originated from the introduction of substantially stricter guidance in the 2021 EPO Guidelines for Examination on how much the description should be adapted in line with the allowed claims. The Board decided that the provisions will not be considered as a legal basis for requiring description amendments, based on articles 69 and 84 of the European Patent Convention.

Trade marks

Katfriends Manon Vanderhaeghe and Jozefien Vanherpe (both KULeuven) looked into the decision of the EUIPO Board of Appeal concerning the refusal of Volvo’s application to register the design of its Y-shaped LED headlights. In June 2024, after almost three years, the General Court annulled the refusal decision. Our Katfriends analysed the case from de-branding and exhaustion perspectives. Alessandro Cerri discussed the recent decision on conversion of an EUTM application. The Grand Board clarified the requirements for conversion. Marcel Pemsel explored the German Patent Court decision between the parties The Monster Energy Company (‘MEC’) and FOKUS BILGISAYAR SANAYI VE TICARET LIMITED SIRKETI (‘Fokus’). MEC opposed the sign registered in Nice class 9 by Fokus. After the German Patent and Trade Mark Office found Fokus’ trade mark to take unfair advantage of the reputation of MEC’s trade mark for energy drinks, both parties appealed to the German Patent Court. The court focused on genuine use and reputation and decided to dismiss MEC’s appeal.

IP opportunities, events, and news

Eleonora Rosati informed the readers about IP events and opportunities in the latest Saturday Sundries post. Before you check our Events page, here are some of the upcoming opportunities. While the Society for Computers & Law has launched the AI Group Junior Lawyer Article Competition 2024, The IP & Innovation Researchers of Asia (IPIRA) announced the 7th IPIRA Conference. Moreover, WIPO is accepting applications for the Inaugural Moot Court Competition 2024-25 and a new research assignment on ‘IP Finance in the Music Industry.’

Book Review

Jocelyn Bosse reviewed the book “The Protection of Geographical Indications: Law and Practice” (Edward Elgar, 2024) by Michael Blakeney (University of Western Australia). The newest edition of the book has 10 chapters with a procedural focus and the provisions of the relevant EU Regulations, including several cases. It provides insight into the European laws on GIs while explaining some of the changes over time within a substantial international context.

Image courtesy: Seher Moya