|Florescence of sakura!|
Tuesday, 4 April 2017
Been away and want to catch up on last week's IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 141st edition of Never Too Late.
“As the policy wheels turn, the UK government is consulting on its industrial strategy.” – clued-up Kat Nicola Searle recaps the recent multiple IP and research discussions in which the UK industrial strategy has popped up.
"What is this thing called love, this funny thing called love"? And while you're at it, what is a covenant not to sue?
Ever-observant Neil Wilkof shares his concerns about the “problematic” notion of “covenant not to sue” in patent licensing practices – it seems that the “real definition of what is entailed in a covenant not to sue” is missing.
Nicola Searle discusses the funny and punny trade mark case of Starbucks vs. Star Box and meanwhile shares her history with Star Box back to 2007 in Teheran, Iran – in her coffee fan’s eyes, the “Marxist owner” might have some grounds.
How similar are we when it comes to protecting confidential information in court proceedings? AmeriKat Annsley refers to the report written by Martin O’Connor (Addisons) on the recent case of Upaid Systems Ltd v Telstra Corporation Limited (No 4)  FCA 1514 where the Federal Court of Australia recently grappled with the issue.
Mark Schweizer asks a “first world problem” – Why does it say “Printed by Jouve” on every single (printed) European patent (application)? (this InternKat cannot help quoting a hilarious comment from an anonymous reader: “Printed by Jouve? By Jove!”)
Welcome clarification on the Malaysian law of well-known marks; but there is still judicial work to be done
The law of well-known marks continues to develop apace in various countries in Asia – Kat Neil Wilkof invites his friend NG Kim Poh to offer a summary of an important decision in Malaysia on this dynamic topic (in Y-Teq Auto Parts (M) Sdn Bhd v X1R Global Holdings & Anor (CACA NO. W-02(IPCV)(A)-511 -03/2016)).
The US copyright decision everybody was waiting for is finally out – in Star Athletica v Varsity Brands the US Supreme Court has just ruled that cheerleading uniforms are eligible for copyright protection. See Eleonora Rosati’s summary about the case, and a detailed analysis will be provided in due course: stay tuned!
Italian online IP resource Marchi & Brevetti has just reported a very interesting and recent decision of the Criminal Section of the Italian Supreme Court (Corte di Cassazione) regarding the crime of counterfeiting within Article 474 of the Italian Criminal Code –ever-productive Eleonora Rosati delivers a (very readable as always) summary of it.
In a rather bizarre end to the long running copyright infringement lawsuit filed against Delhi University (DU) and a photocopy shop, the three publishers who filed the lawsuit have announced that they are withdrawing the lawsuit – the IPKat is delighted to receive the guest post regarding this case from long time Katfriend Prashant Reddy
Few intellectual assets give rise to as much passion as Traditional Knowledge. India has become a center for this conversation. Kat friend R.S Praveen Raj, a scientist and a former patent examiner in India, shares his views on the protection of Traditional Knowledge and against what he sees as misuse of IPR legislation.
Eleonora Rosati calls for readers’ attention on the new event organised by TIPLO (The Intellectual Property Lawyers Organisation) in London on March 28, 2017.
Last but not least, the weekly routines that bring round-ups for the latest IP happenings including events, book release and highlighted blog posts: Never too Late (here ,here and here), Friday Fantasies and Around the IP Blogs (and here) by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher and Tian Lu.
Photo courtesy of Imperial Palace of the Ming and Qing Dynasties.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 140 [week ending on Sunday 19 March] | Friday Fantasies | Kat konfusion regarding passing off: likelihood of confusion and the Starbucks (HK) case | Thursday Thingies | Wednesday Whimsies | First live blocking order granted in the UK |The scope of a well-known mark: not always as broad as some might wish | Monday miscellany | Around the IP Blogs | UK's IP Enforcement Framework-IPO Research Bid Opportunity (Update)
Never Too Late 139 [week ending on Sunday 12 March] | Friday Fantasies | Biosimilars and generics as "rip-offs": when the facts may not matter | UK's IP Enforcement Framework - IPO Research Bid Opportunity | Curtain - Merpel's final EPO post | Amgen, Pfizer, Alphabet and Uber face up to trade secrets in biosimilars, self driving cars and product launch plans | BREAKING: Politico publishes (part of) draft copyright report by MEP Comodini Cachia | Parallel imports are permitted--unless they are not: the case of SAMSONITE in Singapore | UPC to open in December - a triumph of hope over experience? | The KitKat shape mark – no merging of territories for proof of acquired distinctiveness
Never Too Late 138 [week ending on Sunday 5 March] | BREAKING: High Court grants declaration that products obvious/anticipated at claimed priority dates | TVCatchup 2 and the harmonising vision of the CJEU | Will the Arrow hit the Humira target? Find out tomorrow! | Corks popping following account of profits decision | "Kit Kat" finger shape marks: this time in Singapore | Two events in March | MIP International Patent Forum 2017 | More Than Just a Game - 2017 edition | INTA comes to Barcelona in May for its Annual Meeting (early bird registration, but not for long)
Never Too Late 137 [week ending on Sunday 26 February] | Patents and the Silicon Valley of clothespins | Interested in EU copyright and wish to discuss it in Florence? Here's the event for you | ARGOS - trade marks, domains, and google advertising | Swedish Patent and Market Court of Appeal orders block of The Pirate Bay and Swefilmer | The Enforcement Directive permits punitive damages - or does it? | Trader keeps the [good] faith in a spare part in trademark doublebill | Book Review: The Informal Economy in Developing Nations - Hidden Edge of Innovation? | Copyright law in the UAE: it's not what you might think | Monday Miscellany | Major changes to trademark law in Turkey: read all about it