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The AIPPI Congress started in earnest on Monday morning.  Although many were already lamenting the cruelty of those who decided to hold an IP conference on a beach resort, it was not enough to pull them away from the start of the panel sessions.  One of the most popular was the copyright session on the balancing exercise between copyright and other rights.  First time attendee (and the UK Group's prize winner), Sarah Blair ( Bristows LLP ) was at the helm ready to report on the session for the IPKat.  Sarah reports as follows: The AmeriKat's fleeting Sunday night view " Jan Bernd Nordemann ( Boehmert & Boehmert ) chaired a panel session to discuss the means by which copyright laws in different jurisdictions seek to achieve balance between copyright and other rights and interests. Irely Aquique ( Mexican Institute of IP ) spoke about the Mexican Institute of Industrial Property�s (IMPI) approach to this issue (for which she is the Director of IP Enforcement)....

The final morning of the AIPPI Congress in Cancun was hot, the Caribbean air having whipped up a thick humidity that turned the AmeriKat's mane into lion proportions.  So it was fitting that there a panel session dedicated to Hot Topics in IP.  Dr Catherine Bonner ( Chapman IP ) was on hand to summarize what the next big things in IP will be.  No surprise that one of them included Brexit.  Over to Catherine for her report: The AmeriKat's view over the Caribbean waters "At the AIPPI Congress in Cancun the weather is hot, at 30�C and 71% humidity, and the IP Panel Sessions are the same. Wednesday morning�s Briefing; �Hot topics in IP� excellently chaired by Eryck Castillo gave a summary of six burning issues in the World of IP.  1.  First up to the plate, with the "Implications of Brexit for IP" was Mr Justice Henry Carr ( UK High Court )     A tough topic and, as Carr J himself acknowledged, one that back in his days at the Bar he would have ...

Catch-up with the latest developments in IP, with the 200th edition of Never Too Late! This week's highlights include a report on algorithmic fashion and a perspective on the KitKat shape-mark case.  GuestKat Mirko Br�� reports on the latest referral from the German Federal Court of Justice (FCJ) to the CJEU, on the questions of platform liability and the right of communication to the public. The case, which has been going on since 2009, concerns a lawsuit between the music producer Frank Peterson and YouTube (and Google). Peterson is seeking damages from YouTube and Google because certain videos remained available on YouTube, even after Peterson had asked the platform to remove the content:  BREAKING: FCJ refers case regarding YouTube�s liability for damages to the CJEU . Kat Eleonora Rosati   explores the growing trend for fashion houses to produce garments that consumers already want, so called "algorithmic fashion". Eleonora considers how this is achiev...

Before lunch yesterday, attendees were treated to a session on the protection and potential remedies that may be available for patents before issue and after expiry.  With Steve Garland ( Smart & Biggar) at the helm, the AmeriKat summarizes the four key points coming from the session as follows:  Views from the pre-grant and post-expiry remedies session 1.  Use Italian preliminary measures to weaponize an early injunction threat with a pre-grant injunction.    Judge Marina Tavassi  (President of the Milan Court of Appeal) explained that in Italy there is a tradition of patentees seeking and obtaining pre-grant injunctions on the basis of their published, but not granted, patent applications.  It was explained that this tool was available in recognition and to counterbalance the length of the ultimate substantive patent proceedings. Judge Tavassi noted that the patent trials in Italy are speeding up, particularly because, she said, Italy enjoys sp...

Snuggled in its cosy duvets, IPKat has been busy browsing the web. Here�s the latest and greatest from IP blogland last week: interviews and case analysis from both sides of the pond. Indulge yourselves in the autumn delights Kat friends! Hibernation in progress Patents IPWatchdog has interviewed Roberta Romano-G�tsch, the chief operating officer of Mobility and Mechatronics at the European Patent Office (EPO). Ms. Romano-G�tsch has responsibility for leading 1,600 patent examiners, managers and administrative staff members in Munich and The Hague. In addition to leading Mobility and Mechatronics, she is also chair of the EPO�s Operational Quality Committee. The interview dealt with such issues as the new technology areas at the EPO, autonomous driving, engineering education, examiner training, and what quality means to the EPO. Kluwer Patent Blog considers the issue of the date when a claim for patent infringement becomes �time-barred�. The traditional position adopted by the courts...

Have you ever found yourself clicking-- �Yes I agree to these terms & conditions�, without actually reading them? Probably yes [everyone does it�even lawyers] . Did that include your registration with Twitter? If so, you may not have realized that you agreed to a licence allowing Twitter (and its partners) to use at will any of the copyright-protected content you created and uploaded on their site. But not to worry, the Paris Tribunal, in a 236-page-long decision, "righted wrongs" last month by going over Twitter�s terms and conditions with a [very] fine-tooth coomb (see for the decision in French language: Tribunal de Grande Instance, D�cision du 07 ao�t 2018, 1/4 social N� RG 14/07300 ). The tribunal�s review declared �null and void� most of the clauses challenged by the claimant, including the contract�s copyright licensing provisions for user-generated content.  Users are consumers, Twitter is not �free� The case was brought before the Paris Tribunal by the French ...

This year's AIPPI Congress is in Cancun, Mexico.  Yes, try explaining this location to your colleagues and clients.  But although the waters are crystal blue and the sand warm and soft, most attendees are spending their days in windowless conference rooms debating the latest developments in IP law and practice.  One such person is guest Kat reporter, Richard Vary ( Bird & Bird ) who was on hand to report on yesterday's panel session on standard essential patents (SEPs).  Over to Richard: Yesterday's SEP session " Gertjan Kuipers from De Brauw chaired the highlight of the AIPPI Conference for 2018: the SEP panel (at least in this author's view). He chose as the topic the slightly less often asked question of how to optimise a patent business in today's SEP licensing world.  Peter Martinsson from Ericsson introduced Ericsson's contributions to the connected world. He reminded us of the huge advances made in the last few years. Wireless connectivity is...

Not long ago this blog reported on the refusal - by both the US Copyright Office and the US Copyright Office Review Board - to register the UEFA Starball logo. This work was denied registration in both instances because it is not sufficiently original to sustain a claim for copyright. Despite UEFA losing 0 � 2 to the Copyright Office, it did not give up. Living by the motto 'Get rich registered or die trying', it gathered strength and raised a final punch against the almighty powerful Office and attempted to obtain (yet another) registration of � nothing less than the actual UEFA Euro Trophy. UEFA submitted that the Euro Trophy � as a silver-pedestaled vase with handles, long neck, and lip � would be deserving of copyright protection: However, the Euro Trophy was initially denied registration in 2017. UEFA subsequently appealed the decision and added that the Euro Trophy is not a standard trophy vase due to its twisted handles. The Board disagreed on this point by reas...

The guidance note talks about patents. As readers will know, much of the substantive UK patent law comes from international conventions. Consequently, patents are largely outside the remit of the EU and there are less Brexit related issues to consider. However, with the unified patent court as the mystery wild card in the patent mix, arguably patents raise more complex Brexit questions. The full guidance note is available here . As for trade marks & designs and exhaustion of rights, the key bits are below together with a bit of commentary. SPCs, biotech, compulsory licences and clinical trials  The plan is for the EU Withdrawal Act 2018 to save the day and ensure that relevant EU legislation is retained in UK law. Consequently, "the existing systems will... remain in place, operating independently from the EU regime, with all the current conditions and requirements." This means that EU law on SPCs will be kept in UK law and "this law, along with the existing supporti...