Search for: "Peter Ling"
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7 Apr 2020, 9:30 am
This Kat is queen of all she surveys (including the fruit bowl)If you were too busy to catch up with the IPKat last week, never fear: your weekly round-up is here.CopyrightGuestKat Nedim Malovic reported on the decision of the Court of Justice of the European Union in Stim and Sami (Case C-753/18), a case concerning whether offering motor vehicles equipped with radio receivers for hire constitutes a 'communication to the public'.Fellow GuestKat Peter Ling… [read post]
20 May 2021, 7:04 am
Former Guest Kat Peter Ling has visited the IPKat lair and shares with Kat readers the potential risk of transferring a registered trademark without the accompanying goodwill. [read post]
15 May 2019, 10:06 pm
Still Eleonora discusses article 17 obligations of the DSM directive.Trade marksEleonora Rosati posts Retromark Volume V: the last six months in trade mark.PatentPeter Ling writes Where is Haar and how did it get there? [read post]
6 Feb 2013, 5:00 am
Fraud by Peter J. [read post]
24 Mar 2019, 3:26 pm
” GuestKat Peter Ling comments on the decision of the Swiss Federal Administrative Court that held that “POSTAUTO” was neither inherently distinctive nor had acquired distinctiveness through use.Katfriend Marina Perraki provides the current status of and a view on the Greek draft trade mark law. [read post]
1 Aug 2021, 2:13 am
Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive, in particular regarding "communication to the public". [read post]
4 Oct 2021, 1:16 am
Former Guest Kat Peter Ling, together with his associate, Joana Gurtner, report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark.Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. [read post]
10 Dec 2019, 12:20 am
GuestKat Peter Ling reports on this interesting decision.Richard Vary provides a guest contribution, in which he looks into the recent decision of the United States Court of Appeals of the Federal Circuit, which overturned a decision issued in December 2017 by Judge Selna in the Central District of California, instead going to a jury trial.Trade MarksGuestKat Léon Dijkman looks at the recent Opinion of Advocate General Bobek in Primart… [read post]
16 Sep 2019, 11:57 pm
This is foreshadowed in the recent Board of Appeal decision, T0688/16, where an inappropriate use of discretion leads to ping-pong.Communication to the public -GuestKat Nedim Malovic examines a referral made by the Swedish Patents and Market Court of Appeal to the CJEU, asking whether the concept of “public” (which is not expressly defined in the legislation) under Articles 3 and 4 of the InfoSoc Directive has a uniform meaning, and if so, what… [read post]
21 Apr 2022, 12:12 am
From former Guest Kat Peter Ling comes an interesting report on that most rare of copyright cases, a criminal complaint based on infringement. [read post]
5 Jul 2018, 12:59 am
No English translation is yet available, and so the reasons for the decision remained shrouded in mystery (at least for this linguistically challenged Kat) until multitalented IPKat reader Peter Ling from Lenz & Staehelin provided the following insight:The Hungarian Constitutional Court in Budapest"The constitutional challenge against the UPC system before the Hungarian Constitutional Court has received comparatively little attention relative to the German… [read post]
4 Jan 2022, 11:37 pm
Former Guest Kat Peter Ling has not forgotten the ole' Kat. [read post]
20 Jan 2020, 9:54 am
Day 2 and 3 of the hearing brought premature reports that the the Board of Appeal would be referring questions on priority to the Enlarged Board of Appeal (EBA), with Day 4 ultimately bringing the conclusion that Broad Institute's appeal would be dismissed, due to their patent being found to lack priority.SpecialKat Chijioke Okorie examined the decision of the Constitutional Court of South Africa in Ascendis Animal Health (Pty) Limited v Merck Sharp Dohme Corporation and 2 Others [2019] ZACC… [read post]
24 Aug 2021, 2:16 am
Former Guest Kat Peter Ling reports on the recent decision of the German Federal Court of Justice regarding retroactive application of the EU Trade Marks Directive. [read post]
28 Nov 2019, 10:39 am
However, as GuestKat Rose Hughes notes, a recent Board of Appeal decision (T 1299/15) confirms it is possible for the burden of proof to shift back to the patentee if "serious doubts" exist.CopyrightKat Eleonora Rosati reports on the CJEU judgment in Spedidam v INA, which followed up on Soulier and Doke and ruled that a presumption of consent of performers in relation to exploitation of recordings is not necessarily contrary to EU law.Katfriend Bohdan Widła (Barta & Kalinski… [read post]
3 Dec 2019, 12:25 am
GuestKat Peter Ling told us that in the Nivea colour trade mark case (that had been dragging on for eleven years), the German Federal Patent Court answered the question in the negative.Katfriend Shawn Poon reported on a showdown in Singapore between Harvard College and Harvard Club of Singapore. [read post]
26 Aug 2019, 12:09 pm
Not so in Australia, where, as reported by Katfriend Tyrone Berger, the relevant test is whether an implied license can be successfully asserted by the alleged infringer.Trade Marks -Katfriend Jolena Ang reports from Singapore on a trade mark opposition involving both word mark and device mark elements describing tigers.GuestKat Peter Ling reports on a decision from the German Federal Court of Justice, where spare parts manufacturers were told that the shape of the mounting… [read post]
17 Oct 2014, 3:47 pm
PSYCHOLOGY PRIZE [AUSTRALIA, UK, USA]: Peter K. [read post]
21 Jun 2010, 1:08 pm
At the time of the dispute, the board consisted of Maginn and Chai (self-appointed), Peter Malekian (appointed by MCG), and Joseph San Miguel and Daniel Mills. [read post]
19 Jul 2019, 7:28 am
Second Circuit cannot agree on the meaning of 'volitional conduct'.DesignsGuestKat Peter Ling looks at the EU General Court's decision concerning Porsche's registered design rights in There is No Substitute for a Porsche – Except another Porsche?. [read post]
