The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Friday, 1 December 2017

Never Too Late: If you missed the IPKat Last Week!

Been away and want to catch up with the recent IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 171st edition of Never Too Late.

[Week ending 12 November]

Exciting times in SEPs world!: The AmeriKat and Kat Friend Christopher Weber report the latest from Germany.The Düsseldorf Court of Appeal in SISVEL v Haier publishes "guidebook" to SEP litigation under Huawei/ZTE, especially to fulfill the CJEU's duties in German SEP infringement actions.

E=mc², W=mg and K=Na. Guest Kat Eibhlin attended an important patent event hosted by UCL and IBIL (there were around 800 people attending!) and reported on it for us (Part 1 and Part 2). The panel discussion was on the doctrine of equivalents following the Actavis v Lilly decision.

On the very same topic, the Swiss Supreme Court weighs in on K = Na. The Swiss Federal Patent court had originally denied the infringement of Eli Lilly's patent but the Supreme Court granted Eli Lilly, a remarkable event in itself. Kat Mark reports.
Beware the special requirements of software protection in Brazil! Kat Friend Thereza Curi discusses the most recent developments on this issue as Brazil's IP Law has a somewhat sui generis approach. A very handy guide!
Do you think London cabs have such a distinctive character enough to hold a trade mark? Well then Guest Kat Rosie's The protection of vehicles using trade marks and registered designs - London Taxis vs Scooters is the read for you!

On the eve of the agreement of the European Commission Communication on SEP licensing, the AmeriKat sums up the situation for us in Who is going to win the big EU Commission SEP licensing battle - "use-based" or "licence to all"?

Is TRIPS preventing vulnerable countries from accessing basic drugs? The case of South Africa explained by Kat Friend Shaid Nabi.

Kat Nicola has been the keen reader this week! She talked to us about two books she read: The New Intellectual Property of Health and Research Handbook on Intellectual Property in Media and Entertainment. So much to learn!

When the cutting edge technology passes you over: The "winner takes it all" (and it ain't your home town) and this results in less diffusion of technology in the more out-of-reach areas. A very interesting reflection by Kat Neil.

Keeping up with recent news, a couple of weeks past, Guest Kat Mathilde discussed about performers' rights (post here) - and summary just below - , this week Kat Eleonora in Can a film be released without mention of the name of its director? talks, in turn, about director's moral rights.

Weekly Roundups: Saturday Sundries

The AmeriKat Annsley invites Tristan Sherliker (Bird & Bird) to report on the recent decision of Birss J in Accord Healthcare Ltd v Research Corporation Technologies Inc [2017] EWHC 2711 addressing the issue of patent priority date. 

Stay foolish, stay hungry... 

Merpel immerses herself in ANSERA (ANother Search ERA), a semi-automatic search engine for patent information used internally by the European Patent Office in its search efforts. The purpose of (semi-)automatic search is to automate as far as possible the search process and eliminate all non-value added steps for examiners at the beginning of the search workflow. The goal is to deliver highly relevant prior art documents before the examiner starts working on a patent application – still, Merpel has some unanswered questions – if you know the answer, please contact Merpel!


The AmeriKat Annsley participated in the 12th European Judges Forum where nobles discuss the latest goings-on in European patent law and practice. From San Servolo, the secluded island close to Venice, she shares the speech delivered by Mario Franzosi (Franzosi Dal Negro Setti) with contributions from Judges Marina Tavassi, Gabriella Muscolo, Klaus Grabinski and Sir Robin Jacob.


The IPKat recently had the privilege of submitting written questions to Patricia Kelly, Director General of IP Australia, in connection with both the "Intellectual Property Arrangements: Productivity Commission Inquiry Report", and the "Australian Government Response to the Productivity Commission Inquiry into Intellectual Property Arrangements" – IPKat's Neil Wilkof brings readers the full text of the interview. 


A few months ago, IPKat Eleonora Rosati reported on an interesting and important decision issued by the EFTA Court, this being the court with jurisdiction over EFTA states that are parties to the EEA Agreement: Case E-5/16 – appeal from the municipality of OsloThe decision followed a request for an advisory opinion from the Board of Appeal of the Norwegian Industrial Property Office (NIPO), and required consideration of whether and to what extent signs representing artworks by Gustav Vigeland and in which copyright protection has lapsed could be registered as trade marks under the previous EU Trade Mark Directive – see the follow-up post by IPKat's Eleonora. 


On 16 October last, in-between a warm waffle and a creamy chocolate, InternKat Cecilia Sbrolli participated in the Auvibel conference. She now brings readers her first event report, with the theme of “The private copying exception and the compensation of harm in a dematerialised environment: challenges and opportunities” 


The trade secrets field is becoming increasingly lively, with numerous industry bodies and governmental organizations ramping up efforts to ensure that trade secrets can be protected efficiently, across borders. The global trade secrets guru, Jim Pooley, has news of these efforts for IPKat readers.


IPKat Mark Schweizer: Want hard answers to tough questions? The IP Industry Base (IPIB), a database developed by the Competitive Intelligence Group at the Fraunhofer Center for International Management and Knowledge Economy (IMW), Leipzig, might provide some. 


A few days ago, film director Ridley Scott announced that the performance of actor Kevin Spacey will be removed from his forthcoming film 'All the Money in the World'. Spacey is to be replaced by actor Christopher Plummer, shortly before the release of the film on 22 December  2017. The entire film has already been shot, edited and made ready for distribution with Spacey portraying J Paul Getty. In fact, Spacey had already appeared in the official trailer made public a few weeks ago – Guest Kat Mathilde Pavis analyses the two questions raised by the last-minute editing project: how will this be done, and how legal is this strategy in light of Spacey's rights as a performer?

And the weekly routines: Around the IP Blogs! And the Sunday Surprises.


Photo coutesy: Xiaohua Jiang from Weibo.

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 170 [week ending Sunday 5 November] 
 What future for UK copyright after Brexit? Report on IPKat-BLACA panel discussion |  US patent litigation on the move again following In re Cray | Does the doctrine of equivalents apply to novelty? | Internet and Digital Media Law conference returns to London UNION-IP event: "IP - Past, Present and Future" | The Relevant Public and Likelihood of Confusion in Respect of Chinese Character Trademarks | GUI Goo for Chewy Chewing 1 How far to take user rights into consideration? Repair? | Bringing a counterclaim for patent revocation: not so fast in Singapore | SPC consultation - call for input | Linking in the US: is an embedded tweet an infringement of the public display right? | Katcall: Openings for GuestKats and InternKats! | Dutch Supreme Court in Merck v Teva holds that second medical use claims can be directly and indirectly infringed, no matter the type | The rise of "obvious to try" is over as Court of Appeal finds CIALIS dosage regimen patent obvious | Wednesday Whimsies| [week ending Sunday 29 October] Abanka DD v Abanca Corporacion Bancaria SA|IP Federation declares no role for IP disputes in proposed Hague Convention, while INTA takes a different approach | Book review: Grounds of the Immaterial - A Conflict-based Approach to Intellectual Property Rights |Teva v Gilead: Swiss court bashes ECJ on SPC "mess" | Book Review: Form in Intellectual Property Law | T 1201/14: EPC's substantive requirements for valid transfer of priority right surprisingly substantial | Qatar diplomatic crisis: “beIN Sports” and potential violations of the TRIPS Agreement – | Part 2 TV formats potentially eligible for copyright protection as dramatic works under UK law | Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor [2017]       

Never Too Late 169 [week ending Sunday 22 October] From Alicante to Munich - the EPO appoints its new President I Waldemar Haffkine: Pioneer of plague vaccine and the "Little Dreyfus Affair" Another German decision questions reasonableness of GS Media presumption if generally applied I Another German decision warns against broad application of GS Media presumption for for-profit link providers I Letter from AmeriKat: Trade secrets long arms, NDAs go bust and sharing of passwords I the AIPPI's World Congress in Sydney : Report 13, Report 12, Report 11, Report 10, Report 9, Report 8, Report 7, Report 6, Report 5, Report 4 I Book Review: EU Intellectual Property Law and Policy I Book review: Intellectual Property Rights and Climate Change: Interpreting the TRIPS Agreement for Environmentally Sound Technologies I Intellectual Property Rights and Climate Change – Interpreting the TRIPS Agreement for Environmentally Sound Technologies I A defensive non-assert? Philips v Asustek and HTC I Recommendation on measures to safeguard fundamental rights and the open internet in the framework of the EU copyright reform I BGH gifts shape mark owners sweet victories I Standards, patents and competition law conference I New episode of copyright mini-series 'The Game is on!'

Never Too Late 168 [week ending Sunday 15 October] Book review--Create, Copy, Disrupt: India’s Intellectual Property Dilemmas | Freedom of Panorama: would it hurt architects? Survey among Italian-based architects says NO | The new unjustified threats bill – do's and dont’s| International Copyright Law returns to London| Retromark Volume II: the last six months in trade marks and Volume I| Book Review Times Two: GI at the Crossroads of Trade, Development, and Culture and GI - Global and Local perspectives|Does the retreat from internationalism mean the retreat of IP? |Event report: I3PM General Assembly 2017 at WIPO in Geneva |copyright and music

Never Too Late 167 [week ending Sunday 8 October] Is the German press publishers' right lawful? More details on the CJEU reference | Community registered designs & the CJEU - Nintendo v Big Ben | In memoriam Maurice Bluestein: "Baby--it's cold outside"; the story and nomenclature of the Wind Chill Index | Book Review: The Fundamental Right to Data Protection | Brexit: The IP Position Paper and trade marks | Brexit and Brands: 536 days and counting – what is the UK going to do? | Sunday Surprises

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