High 3 posts of the summer season from our IP legislation blogs

To make sure you don’t miss out on attention-grabbing IP legislation developments reported on our different IP blogs, we’ll, frequently, give you an outline of the most-read posts from every of our IP legislation blogs. Listed here are the most well-liked posts over the previous few months.

High 3 Kluwer Patent Weblog posts


1) UPC: Probably opening date March 2023, Milan the brand new London?  by Kluwer Patent Blogger

“The primary of March 2023 appears to be a probable date the Unified Patent Court docket will open its doorways.

This grew to become clear yesterday throughout the Unitary Patent Bundle Convention in Amsterdam. On the identical day, the UPC Administrative Committee introduced on its web site that ‘the timing of the beginning of operations of the Court docket can moderately be anticipated to happen in early 2023’. Through the convention March was repeatedly talked about as a doable beginning second for the UPC.

2) ILOAT sees extra violations of employees rights at European Patent Workplace by Kluwer Patent Blogger

“The EPO has violated the correct of free affiliation by imposing restrictions on employees’s selection of members for the Appeals Committee and different statutory our bodies of the EPO. The Administrative Tribunal of the Worldwide Labour Organisation dominated this in a case which was printed on 6 July 2022. In one other case it judged that restrictions placed on using the interior mail system in 2013 had been illegal and have to be quashed.

3) Petition for ministerial convention on European Patent Organisation by Kluwer Patent Blogger

Forward of their assembly late June, a petition calling for a convention of ministers of contracting states underneath Article 4a EPC has been despatched to the members of the Administrative Council of the EPO.

The petition is an initiative of the EPO’s commerce union SUEPO, which has invited all employees members to signal it.

In keeping with the petition: ‘the event of the European Patent Group (…) has more and more departed from the construction and its mission as foreseen underneath the EPC and it seems that no applicable countermeasures will likely be taken.”

Kluwer-Copyright-blog-logoHigh 3 Kluwer Copyright Weblog posts


1) NFTs and Copyright: Some Burning Points by Enrico Bonadio and Rishabh Mohnot

“For the reason that underlying asset in NFTs is primarily artwork, disputes in relation to NFTs deliver up attention-grabbing questions pertaining to copyright legislation, the solutions to which have the potential to form the evolution and progress of NFTs as a medium to create, distribute and gather artwork. On this submit, we briefly discover points associated to copyright infringement, intermediaries’ legal responsibility and cures from the attitude of the final rules of copyright legislation”

2) The That means of “Further” within the Poland ruling of the Court docket of Justice: Double Safeguards – Ex Ante Flagging and Ex Publish Criticism Methods – are Indispensable by Martin Senftleben

“With its landmark resolution in Poland/Parliament and Council of 26 April 2022 (case C-401/19), the Grand Chamber of the Court docket of Justice of the European Union (CJEU) has clarified that the filtering obligations arising from Article 17(4)(b) and (c) of the Directive on Copyright within the Digital Single Market 2019/790 (“DSM Directive” or “DSMD”), aren’t unconstitutional per se… [t]he following evaluation focuses on the truth that the Court docket certified the criticism and redress mechanisms mandated by Article 17(9) DSMD as further safeguards towards content material overblocking (para. 93). Therefore, these ex submit measures – permitting corrections of flawed filtering choices after the hurt has occurred – can’t be thought-about enough.”

3) Why do solely fools and horses write authentic materials? UK courtroom finds copyright infringement of ‘Del Boy’ character by Sean Ibbetson and Maria Ryan

“The Mental Property Enterprise Court docket (IPEC), a part of the English Excessive Court docket, has dominated that copyright subsists within the character of Derek ‘Del Boy’ Trotter and {that a} character may be protected as a literary work underneath the UK’s closed checklist of copyright works ([2022] EWHC 1379 IPEC). That copyright was discovered to have been infringed by the creators of an ‘interactive eating expertise’ which used Del Boy and the opposite foremost characters from ‘Solely Fools and Horses’, some of the profitable British TV comedies of the Eighties and Nineteen Nineties.The case is the primary time a personality has been discovered to be a protectable work underneath UK copyright legislation. It units out a two-stage take a look at for establishing {that a} character is a protectable work, following Cofemel, and appears on the not often relied on honest dealing exceptions of parody and pastiche.”

Kluwer Trademark BlogHigh 3 Kluwer Trademark Weblog posts


1) The saga of (dis)similarity between alcoholic and non-alcoholic drinks continues – EU place by Alena Fischerova

“The Zoraya resolution of the Grand BoA has strengthened the present EUIPO Tips in contemplating alcoholic and non-alcoholic drinks to be comparable when evaluating the class phrases, but additionally permitting room for a discovering of similarity between particular non-alcoholic and alcoholic drinks if a celebration is ready to convincingly argue and substantiate the present state of affairs or development within the EU.”

2) Reimbursement of the authorized prices for the enforcement of IP rights within the EU: “THE WINNER TAKES IT (ALMOST) ALL” by Sara Parrello and Fabio Angelini

“When a IP courtroom awards the profitable celebration the reimbursement of the prices incurred,  what precisely may be included in such an award and how one can decide its quantity isn’t all the time apparent. Absolutely it’s curious that the Court docket of Justice (CJEU) handled these points in two latest choices, each  issued final April 28th and each following requests for  preliminary rulings underneath Article 267 TFEU by German Courts, specifically instances C-531/20 (NovaText GmbH v. Ruprecht-Karls-Universität Heidelberg) and C-559/20 (Koch Media GmbH v. FU).

3) Watch out for Michelangelo’s David. 500 years after its carving its slingshot should still damage… by Erica Vaccarello and Fabio Angelini

“The Court docket of Florence final October 25, 2017 issued a call prohibiting a journey company to commercially use the picture of Michelangelo’s David with out the authorization of the “Galleria dell’Accademia”, (Galleria) the museum the place the sculpture is situated.”


Learn additional posts on the Kluwer Copyright Weblog right here, the Kluwer Trademark Weblog right here and the Kluwer Patent weblog right here.

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