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1 Nov 2020, 4:35 am by Magdaleen Jooste
Peter Ling reported on the Court’s decision. [read post]
27 Sep 2020, 7:08 am by Anastasiia Kyrylenko
 Copyright GuestKat Peter Ling discussed a ruling from the Supreme Court of Austria concerning the football screening in pubs and the underlying broadcasting issues. [read post]
11 Sep 2020, 12:30 am by Sophie Corke
., with Asia Correspondent Tian Lu's explanation of the case's appellate history and the issues it raises illustrating the boundary of fair use regarding calligraphy works.PatentsWhether AI algorithms can be designated as 'inventors' for the purposes of a European patent application is one thing, but GuestKat Rose Hughes more fundamentally questions whether AI algorithms are capable of invention at all - and whether the impulse to designate them as inventors reveals the very… [read post]
6 Sep 2020, 4:52 am by Anastasiia Kyrylenko
GuestKat Peter Ling shared his analysis of this recent case, in which the German Federal Court of Justice found that judges of the lower court are not part of relevant public, required special knowledge to proceed with the evaluation and should have relied on external evidence showing the understanding of the relevant public. [read post]
9 Aug 2020, 12:55 pm by Anastasiia Kyrylenko
 Trade Marks While we are being deprived of the Summer Olympics, Guest Kat Peter Ling looked at the Olympic Games from an IP perspective: Peter follows the possible cancellation for lack of genuine use of the word marks “DE COUBERTIN” and “PIERRE DE COUBERTIN” at the Swiss IPO, with the case currently being under appeal with the Federal Administrative Court. [read post]
2 May 2020, 4:33 am by Sophie Corke
Estar, as reported by GuestKat Rose Hughes.Rose also covered the EQE Supervisory Board's announcement that there will now no longer be any European qualifying examination in 2020, which prompted a lively debate below the line.Katfriends Gian Paolo Di Santo, Gabriele Girardello, and Greta Cucinella offered a valuable insight into pharmaceutical patents and COVID-19 from an Italian perspective.Trade MarksSpecialKat Chijioke Okorie considered the question of whether there is any connection between… [read post]
7 Apr 2020, 9:30 am by Sophie Corke
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]
30 Jan 2020, 1:01 pm
GuestKat Peter Ling reports on this decisions and provides valuable background information. [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]
6 Jan 2020, 5:33 am
The company claims that the awards will be "a true reflection of what fans are listening" to.PatentsGuestKat Rose Hughes looked back at a busy year for the Enlarged Board of Appeal, examining, amongst others, some of the more controversial cases that 2019 brought, such as Pepper (G 3/19) and Computer simulated inventions (G 1/19).Rose also provided a breakdown of some of the important Board of Appeal cases of 2019, which included highlights such as a new approach from… [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]
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]
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]
14 Nov 2019, 6:43 am
GuestKat Peter Ling told the story.GuestKat Antonella Gentile reviewed Internet Intermediaries and Trade Mark Rights by Althaf Marsoof. [read post]
7 Oct 2019, 11:12 am
 IP Enforcement GuestKat Peter Ling, in‘There is No Such Thing as a Free Launch – CJEU Does Not Follow AG on Compensation for Wrongful PI' , reports and critically comments on the latest ruling in Bayer Pharma case C-688/17. [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]
16 Sep 2019, 12:37 pm by Matthias Weller
From 12 to 14 September 2019, the Journal of Private International Law held its 8th Conference at the University of Munich, perfectly hosted and organized by our Munich-based colleague Anatol Dutta. [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]
7 Aug 2019, 12:43 am
Peter Ling analyses this in Copyright Infringement Confirmed, but No Damages for "Cordoba" Photographer.This Kat is enjoying the sun in Reunion Island while he canIn a flurry of breaking news from the CJEU (in one day nonetheless!) [read post]