The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Wednesday, 10 January 2018

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

A lot has happened on the IPKat last week! If you missed out on some of the news, no problem, the 177th edition of Never Too Late is out.

A little bit of FRAND to inaugurate 2018! Kat friend Richard Vary reports from the shores of California on the judgement TCL v Ericsson in Supersize this! Unwired Planet American style in TCLv Ericsson. 

Nomen est omen (an apt name, so to say) for Toyota, as their car Prius (Latin for “before” or “first”) was not so prius in applying for a trade mark in India, which led to a dispute with local Prius Auto Industries Ltd. Kat friends Ashutosh Kumar and Taapsi Johri took their views on different aspects of this case in, respectively, Supreme Court of India in Prius trade mark battle declare that evidence of reputation spillover must be explosive and Has the Indian Supreme Court Moved the Bad Faith Analysis to the Back Seat?

AIPPI Event Report: Unjustified threats - are you threatening me? During the event, the changes brought by the Intellectual Property Unjustified Threats Act 2017 were discussed, as covered by Kat friend George Khouri.

The ethics of Artificial Intelligence - the next step? To be prepared by establishing an ethics framework and foreseeing problems, as reported by Kat friend Alex Calver who attended the techUK Digital Ethical Summit 2017 and kindly reported on it for us.

Last week there were a few changes in the IPKat’s cat bed, new Kats coming, some leaving and others taking up new challenges. All the intel on: The IPKat team: arrivals, farewells, and news.

Why are you arguing, I am Bucharest's football star!
How many stars can Bucharest football have? Kat friend Florica Rus reports from the sidelines of the match on "Stars" on the football field; less so in the Trademark Office?

The stroke of midnight on January 1st did not only bring celebrations and cheers in Germany but also the entry into force of the so called “network enforcement law”, or, for the braver ones out there, the Netzwerkdurchsetzungsgesetz. Guest Kat Mirko reports on the news in German ‘hate-speech’ law tries to regulate Facebook and others - will it work?

Brands and ecommerce platforms: a tainted relationship? Kat Eleonora discusses the recent strains endured by ecommerce platforms due to claims of counterfeiting and alleged excessive discounts. What will the future hold?

Brussels court in FN Herstal v Heckler & Koch wrestles with combination invention v mere aggregation of features. It was not wrestling per se but more of a duel at dawn, as the decision revolves around patents for weapons, or the lack thereof. Contributing from Brussels, Kat friend Philippe Campolini.

Brexit: requests to Govt from IP professional bodies such as mutual recognition of judgements and continuation of EU-derived rights. Guest Kat Eibhlin made a summary of the note for us.

Street heart: urban murals as common goods, is it achievable? Kat friends Giovanni Maria Riccio and Federica Pezza take us through the streets of all cities embellished and made more colourful by mural art installations and through the pain of the artists whose work is difficult to protect.

If the portability of online content is close to your heart, then Have your say on the UK implementation of the EUPortability Regulation: public consultation now open! You have until 31 January 2018. Guest Kat Mathilde reports.


Never Too Late 176 [week ending 31 December] Can the Buddhist notion of Bodhi be appropriated as a trademark? | Book Review: Intellectual Property in Australia | This Kat will be a JudgeKat and bids farewell | Congratulations to Sean Dennehey! | AIPPI Event Report: Are you sitting comfortably....? Patent Roundup 2017

Never Too Late 175 [week ending 24 December] Linking for profit, technical means and burden of proof - German BGH applies CJEU case law to Google’s Image Search | Release by IP Australia of draft of legislation for partial implementation of Federal Government's response to Productivity Commission final report | Rainier days ahead for Starbucks as it loses trade mark opposition in Singapore | Females and felines in intellectual property law | CJEU rules that ice cream sold as ‘Champagner Sorbet’ can be branded as ‘Champagne’ | A Kat's 2017 Copyright Awards

Never Too Late 174 [week ending 17 December] The first modern blockbuster IP merchandising campaign? Disney, Davy Crockett and the coonskin cap I UPC - update from UK on statutory instruments I The ILO rules reinstatement of Board of Appeal member, but EPO resists I INTA calling: The 2018 Ladas Memorial Award competition for paper on a trademark subject I R 0003/15: surprising interpretation of feature violates right to be heard I Germany: Bundespatentgericht annuls Nespresso capsule shape mark I Wind in the sails for atypical trade marks in the EU - graphical representation following the recent EUTM reforms I Coty, distribution agreements and luxury brands I Around the IP Blogs! I Monday Miscellany

Never Too Late 173 [Week ending Sunday 10 December] Why is it so difficult to the make the case against counterfeiting (or does it just seem so)? | The Red Bull colours: no trade mark registration for indeterminate colour combination | Limoges porcelain now protected by French GI scheme | BREAKING NEWS - CJEU holds that preserving luxury image of products in selective distribution agreements is not contrary to competition law | AIPPI Congress Report 15: Partial Designs: Full Protection? | AIPPI Congress Report 16: Patentability of Computer-Implemented Inventions | INTA Brand Authenticity Conference (Report 4): Brands, social media and CSR | Commissioned research opportunity - exhaustion of rights | BREAKING: CJEU holds that SPCs cannot be obtained on the basis of an "end of procedure notice" pursuant to Article 3(b) SPC Regulation | You snooze (for 40 years) you lose – HABITAT mark (un)enforced in bad faith | Role of CJEU post-Brexit to be considered by House of Lords inquiry

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