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, 18 August 2017

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

Been away and want to catch up with last week's IP news? No problem! As always, IPKat is here to bring you a quick summary - the 159th edition of Never Too Late.
Keeping one eye open for the latest IP news

How does one calculate the damages caused by an interim injunction? Eibhlin explains the recent Patents Court decision of Napp Pharmaceutical Holdings Limited v (1) Dr Reddy's Laboratories (2) Sandoz Limited (and Ohers) [2017] EWHC 1433 (Pat) which provided guidance on the issue.

Neil pays homage to June Foray, the voice behind a portfolio of character’s such as Lucifer the cat from Cinderella, Jokey Smurf, Mrs. Cauldron from The Garfield Show, Rocket J. Squirrel and Natasha Fatale from “Rocky and his Friends”. Neil ponders the legal protection of voice creations. 

Can grey markets be considered akin to trade in counterfeit goods, when it comes to the application of criminal provisions in trade mark law? The UK Supreme Court answered this question in the affirmative earlier this week in its judgment in R v M & Ors [2017] UKSC 58.

Katfriend Yannos Paramythiotis brings the news of Greece’s recently adopted administrative procedure to tackle online copyright infringements.

Katfriend Darren Meale reports on the CJEU decision Continental Reifen Deutschland v Compagnie generale des etablissements Michelin which upheld tyre giant Continental’s appeal against Michelin, concerning their stylised registered mark ‘X’.

Kat friends Lau Kok KengNicholas Lauw and Jiamin Leow report on how the Singapore Court of Appeal has addressed the issue of database protection in the case of Global Yellow Pages Ltd v Promedia Directories Pte Ltd and anor matter [2017] SGCA 28

Mathilde Pavis explains a decision from the French courts which stated that both internet service providers and browser providers can be legally bound to block infringing content, and pick up the bill for the costs of such injunctions. 

Readers are invited to attend the INTA Trademark Administrators and Practitioners Meeting (TMAP) which takes place in New Orleans from September 17th -19th. 

The 5th edition of TILTing which took place at the Tilburg University from 17 until 20 May 2017. In the first part of this 2 part conference report Verónica discusses two talks. The first on Israel's copyright infringement strategies though intermediaries and the courts, and the second focused on the algorithm of said intermediaries. 

How much do copyright owners lose from online platforms hosting links to unauthorized copies of their works uploaded by third parties? The Paris Criminal Court of Appeal awarded a total amount of 13 million euros and 12 months’ imprisonment in the case of D.M. v APP, Microsoft, Sacem and others, available in French language here.



PREVIOUSLY ON NEVER TOO LATE

Never Too Late 158 [week ending Sunday 30 July] The right of communication to the public ... in a chart I From Coca-Cola Zero to Coca-Cola Zero Sugar: big deal or no deal? I Brexit roundtable for brand owners in the financial services industry I CREATe Summer Summit 2017: Open Science, Open Culture & the Global South (and everything between) I BREAKING: BGH asks CJEU what a 'quotation' is: only unaltered reproductions or also something else? I AG Wahl says that, at certain conditions, suppliers of luxury goods may prohibit retailers from selling on third-party online platforms I Book Review: Common Innovation I EPO takes an ‘about turn’ on the patentability of products obtained by essentially biological processes I More on broccoli, tomatoes, and the patentability of a plant or animal obtained by means of an essentially biological process I Copyright protection of minimalist furniture design I Geographical Indications: News from the UK and New Zealand I French Supreme Court : End of the trade mark dispute over 'Cheval Blanc' I Event Report: The European Intellectual Property Teacher's Network 10th Anniversary Conference I Around the IP Blogs

Never Too Late 157 [week ending Sunday 23 July] Sky v SkyKick - no CJEU reference re removal of own name defence to EUTMs | An improved improver? UK Supreme Court moves towards a UK Doctrine of Equivalents in Lilly pemetrexed battle? | An improved Improver? Part 2 | It may be use, but is it trade mark use? | The protection of TV formats: an Italian mock trial | What can the possible implications of the CJEU Pirate Bay decision be? A new paper | In memoriam of Kenneth Jay Lane: "My designs are all original"; "original from someone" | French Commercial Tribunal: clarity in paternity is key 

Never Too Late 156 [week ending Sunday 16 July] A film is a film is a film: at Cannes, it's not that simple | BGH grants compulsory license in preliminary proceedings | An improved Improver? UK Supreme Court moves towards a UK Doctrine of Equivalents in Lilly pemetrexed battle | The Smoking Gun - Is IP research the next tobacco scandal? | the special world of pesticide products, counterfeits and parallel imports | New CJEU reference ... asking whether InfoSoc Directive envisages digital exhaustion | Freedom of panorama in Italy: does it exist? | Can Crowdsourcing Solve the Orphan Works Problem? | the EU IPO Observatory study finds trade secrets rule the roost over patents in Europe | Mock (culinary) trial at INTA 2017 | Weetabix in New Zealand Customs dispute over local rival Weet-bix 

Never Too Late 155 [week ending Sunday 9 July] First application of the parody exception in Canadian law - long live Deckmyn!| "Big Box" not found generic or lacking distinctive character, but still .... | Changes to the Singapore copyright system: an update on the recent public consultations | he diplomatic crisis of Qatar and Gulf Cooperation Council's IP | Bundesgerichtshof's landmark ruling to hook extra-territorial patent infringement in Germany | BREAKING: Eli Lilly success as UK Supreme Court finds Actavis products directly and indirectly infringe pemetrexed patent | Monday Miscellany | Sunday Surprises 

Photo credit: frankieleon

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