Content
2021, Volume 16, Issue 8
- 778-784 The Commission’s vision for Europe’s digital future: proposals for the Data Governance Act, the Digital Markets Act and the Digital Services Act—a critical primer
by Matthias Leistner - 785-800 Genericization of trade marks: an Indian perspective on challenges posed and potential solutions
by Debby Jain - 801-811 Registered designs as source identifiers and availability of common law remedies during infringement proceedings—exposition of the law in India
by Vaarad Shende - 812-826 For a clarification of the concept of similarity—a critical look at European case law on the infringement of trade marks with a reputation
by Louis Louembé & Pierre Massot & Mythili Thaya - 827-849 Territorial scope of the authorization requirement and liability regime under Directive (EU) 2019/790 on copyright and related rights in the digital single market
by Inga Zapala - 850-868 Governing the fashion industry (through) intellectual property assets: systematic assessment of individual trade marks embedding sustainable claims
by Sara Cavagnero - 869-877 Preclusion due to tolerance: conditions for applying the acquiescence rule in trade mark law
by Michal Bohaczewski - 878-886 Open government data licensing in the Gulf Cooperation Council
by Riyadh Al-Balushi & Al-Waleed Al-Kiyumi - 887-893 The EU press publishers’ right: where do Member States stand?
by Ula Furgał - 894-894 A guide to IPR enforcement on the African continent
by Darren Olivier - 895-896 The celebration of a great IP academic
by Eleonora Rosati
2021, Volume 16, Issue 7
- 631-632 European trade mark law: Quo Nunc Vadis? (The Sequel)
by Willem Leppink - 633-635 The Patentability of Computer-Implemented Simulations and Implications for Computer-Implemented Inventions (CIIs)
by Timo Minssen & Mateo Aboy - 636-637 Market Court of Finland rules on reasonable compensation in a trade mark infringement case concerning cheaper foreign alcohol and a national retailing monopoly
by Max Malvikko & Teemu Matikainen - 638-646 US Second Circuit Court of Appeals tames ‘transformative’ fair use; rejects ‘celebrity-plagiarist privilege’; clarifies protectable expression in photographs
by Jane C Ginsburg - 647-665 Protection of traditional art forms under geographical indications law: a case study of Madhubani and Sujini art forms of Bihar, India
by Akanksha Jumde & Nishant Kumar - 666-676 Protection of well-known foreign marks in the USA and China
by Huang Wenting - 677-691 Protection of intellectual property rights for agricultural innovations: evaluating Bangladesh’s progression towards the international plant variety protection regime
by Khorsed Zaman - 692-704 Intellectual property on the cusp of the intangible economy
by Adrian Kuenzler - 705-711 CJEU Santen: No more SPC protection for new indications and new galenic formulations?
by Marco Stief & Robert Wenzel - 712-719 A common law doctrine of exhaustion based on an implied licence: a Canadian perspective
by Shuji Sumi - 720-728 Creativity and artificial intelligence: a view from the perspective of copyright
by Anna Shtefan - 729-737 Anti-suit injunctions for standard-essential patents: the emerging gap in international patent enforcement
by Haris Tsilikas - 738-747 Legal grounds of the Brazilian Patent and Trademark Office's patent backlog combat plan
by Jacques Labrunie & Marcos Chucralla Moherdaui Blasi - 748-759 Compulsory licences and ISDS in Covid-19 times: relevance of the new Indian investment treaty practice
by Prabhash Ranjan
2021, Volume 16, Issue 6
- 453-454 Food labels, trade marks and how to prevent the next pandemic
by Danny Friedmann - 455-457 Connected cars, SEP and FRAND—CJEU referral with a focus on multi-tier supply chains
by Marco Stief & Heike Röder-Hitschke - 457-468 Canadian Federal Court of Appeal Rules it can interpret contracts: rejects Goldilocks approach to jurisdiction Salt Canada Inc v Baker, 2020 FCA 127, 28 July 2020
by Emir Crowne - 458-469 Tell me what you C: Chanel loses monogram battle against Huawei
by Eleonora Rosati - 459-461 ‘Software’: clear and precise?
by Stefan Martin & Jonathan Boyd - 461-463 CJEU clarifies that framing infringes copyright if TPMs are circumvented
by Péter Mezei & Bernd Justin Jütte - 463-465 The lawsuit of the decade—Google LLC v. Oracle America, Inc.: a victory for interoperability and the future of innovation
by Ieva Vaitkūnaitė & Mindaugas Beniušis & Paulius Jurčys - 465-468 Oh, The Places You Went Too Boldly!—Dr Seuss Enterprises wins appeal in fair use case on Star Trek mash-up
by Mindaugas Beniušis & Paulius Jurčys & Mantas Rimkevičius - 468-472 Can you keep a secret? The trail of confidential information and the need for reasonable enquiries
by Alexandros Antoniou - 473-483 Trade marking ‘COVID’ and ‘Coronavirus’ in the USA: an empirical review
by Irene Calboli - 484-497 Compulsory licence and Crown use provisions in the Covid-19 pandemic—the Australian perspective
by Sarah Matheson AM & Artemis Kirkinis - 498-526 National copyright decisions round-up 2020
by The Bird and Bird IP Team - 527-533 Round-up of CJEU copyright decisions in 2020
by Eleonora Rosati - 534-539 Review of some of the most important cases of the year in US copyright law 2020
by Charles R Macedo & David P Goldberg & Christopher Lisiewski - 540-546 UK trade mark disputes of 2020: a round-up
by Darren Meale - 547-560 Round-up of EU trade mark decisions in 2020
by Gordon Humphreys & Nedim Malovic & Stefan Martin - 561-571 Review of the year in English patent litigation 2020
by Trevor Cook - 572-583 EU enforcement case law round-up 2020—CJEU and selected national case law
by Carina Gommers & Willem Leppink & Marius Schneider - 584-594 Africa intellectual property decisions and legislative reforms round-up 2020
by Chijioke Okorie & Caroline Wanjiru Muchiri & Ekene Chuks-Okeke & Marius Schneider & Nora Ho Tu Nam & Sibongile Dee & Vanessa Ferguson - 595-625 Fashion-related IP decisions round-up 2020
by The Bird and Bird IP Team - 626-626 Where is the growing conflict between copyright and fundamental rights headed?
by Jake Campbell - 627-628 A thorough exploration of the maturing interface of intellectual property and investment law
by Bernd Justin Jütte - 628-629 An essential reading on IP and international investment law
by Pratyush Nath Upreti
2021, Volume 16, Issue 4-5
- 289-290 Geographical Indications: new perspectives and recent developments
by Irene Calboli - 291-292 EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’
by Nedim Malovic - 293-294 Ashes to ashes for cheese featuring the ‘Morbier’ visual appearance?
by Ortrun Günzel - 295-297 Food for thought: the EU–China Agreement on GIs
by Michele Ferrante - 296-297 German court says that product specification for PDO is exhaustive without room for additional requirements prescribed by national legislation
by Ortrun Günzel & Berenike Dinkel - 298-300 Genericness in US certification marks: the ‘GRUYÈRE’ case
by Davide Schiavetti - 301-309 The GI structure (the model behind the EU rules) or the complexity of this subjective right
by Alberto Ribeiro de Almeida - 310-315 Will coffee be the new wine? The EU–Central American Association Agreement and the European shaping of GIs in Costa Rica
by Adrian Esquivel - 316-330 The protection of PDOs and PGIs against evocation: a ‘Grand Cru’ in the CJEU’s cellar?
by Manon Verbeeren & Olivier Vrins - 331-340 The Farm to Fork strategy as an external driver for change: possible impacts on nested GI rule systems
by Flavia Guerrieri - 341-347 How the European Union is expanding the protection levels afforded to Geographical Indications as part of its global trade policy
by Liam Sunner - 348-356 Current and future protection of Geographical Indications in Australia
by Paula Zito - 357-367 Country name designation and international IP protection of national competitive identities
by Natalie G S Corthésy - 368-375 The new Russian Law of Geographical Indications: a critical assessment
by Andrea Zappalaglio & Evgeniia Mikheeva - 376-383 Turkish law on infringement of Geographical Indications and its degree of alignment with the EU law
by Hasan Kadir Yilmaztekin & Banu Eylül Yalçın - 384-393 Geographic Indications in Brazil and their socio-environmental dimensions: gaps and opportunities of the Brazilian GI regulation for agricultural products
by Alexandre San Martim Portes & Marina Demaria Venâncio & Lukas Ruthes Gonçalves - 394-401 A pathway to international registration for African Geographical Indications under the Geneva Act: The case for Oku White Honey
by Charlene Musiza - 402-404 Adding value for avocados grown in Kenya through geographical indications: A legal perspective
by Caroline Mwaura - 405-414 Geographical indication protection for non-agricultural products in Indonesia
by Miranda Risang Ayu Palar & Ahmad M Ramli & Dadang Epi Sukarsa & Ika Citra Dewi & Saky Septiono - 415-426 Protecting Ghana’s intellectual property rights in kente textiles: the case for Geographical Indications
by Michelle Okyere & Janice Denoncourt - 427-434 Towards a core unitary legal regime for Geographical Indications in the European Union digital market
by Pilar Montero - 435-441 The concept of terroir tested: sharing of the same terroir between two EU Member States
by Branka Marušić - 442-449 The ever-growing scope of Geographical Indications’ evocation: from Gorgonzola to Morbier
by Vicente Zafrilla Díaz-Marta & Anastasiia Kyrylenko - 450-451 A helpful companion to navigate European geographical indications and designations of origin
by Marius Schneider
2021, Volume 16, Issue 3
- 191-192 Happy 20th birthday, InfoSoc Directive!
by Eleonora Rosati - 193-194 Settling the saga of patenting plants obtained through essentially biological processes: a dynamic approach by the EPO
by Naina Khanna - 194-196 Is milk made for humans? Exceptio probat regulam in casibus non exceptis or a new trend in the case law relating to slogans?
by Stefan Martin & Jonathan Boyd - 196-198 The Bentley Battle: Family firm triumphs over luxury car manufacturer in trade mark dispute
by Janet Strath - 198-199 Bullfighting denied copyright protection by Spanish Supreme Court
by Victoria Sofía Martín Santos - 199-201 High Court grants website blocking injunction in relation to sports streaming and reconsiders confidentiality of such orders
by Sean Wood & Laura Hartley - 201-203 Screenplay collaborator granted authorship credit in IPEC ‘encore’
by Daniela Simone - 203-206 Final decision from a UK Community Design Court clarifies how to interpret a registered design
by Darren Smyth - 207-212 The case guidance system in China: a practical guide to intellectual property cases
by Tian Lu - 213-225 The Pelham Chronicles: sampling, copyright and fundamental rights
by Bernd Justin Jütte & João Pedro Quintais - 226-235 A critical review of intellectual property rights in the Kenyan tea sector
by Isaac Rutenberg - 236-246 Re-use the news: between the EU press publishers’ right’s addressees and the informatory exceptions’ beneficiaries
by Ana Lazarova - 247-258 Three routes to protecting AI systems and their algorithms under IP law: The good, the bad and the ugly
by Katarina Foss-Solbrekk - 259-264 Dance as the language of love—considering joint authorship in the era of TikTok and after Kogan v Martin
by John Shaw - 265-270 Five considerations for the transposition and application of Article 17 of the DSM Directive
by Eleonora Rosati - 271-277 Patentability of computer-implemented ‘business methods’ in Australia—a closer look at the ‘technical improvement’ test
by Roy Leigh - 278-288 Intellectual property management for small and medium-sized enterprises in the United Arab Emirates
by Rami Olwan
2021, Volume 16, Issue 2
- 89-90 2021: The Year Of Data?
by Stefano Barazza - 92-94 US Court of Appeals for the Federal Circuit finds that administrative patent judges were unconstitutionally appointed in case now the subject of multiple appeals to the US Supreme Court
by Charles R Macedo & David P Goldberg & Chandler Sturm - 94-97 The CJEU abolishes Neurim and SPCs for new therapeutic indications
by Żaneta Zemła-Pacud - 97-98 Patent pending: the law on AI inventorship
by Laura Adde & Joel Smith - 98-99 Registration of a sign contrary to public interest and good morals is prohibited in Iran
by Ali Rezaei - 100-101 Swedish Patent and Market Court of Appeal says that Crocs’ three-dimensional trade mark lacks acquired distinctiveness
by Nedim Malovic - 102-103 EU General Court tackles notion of ‘average consumer’ when goods/services are aimed at both specialized and everyday consumers
by Nedim Malovic - 103-105 Something old, something new? Indian High Court permits unauthorized use of registered trade marks on Google AdWords
by Pragya Singh - 105-107 Turkish Court of Appeal finds likelihood of confusion based on a common weak element
by Güldeniz Doğan Alkan & Ayşenur C¸ıtak - 107-108 With its IP action plan, the European Commission is stepping up its IP game
by Bertrand Sautier - 109-123 An assessment of the UK approach to parametric claims after Actavis v Eli Lilly
by Ilya Gribanov - 124-135 AI-generated works and copyright law: towards a union of strange bedfellows
by Emmanuel Salami - 136-145 Clash of the Titans: conflict between the regulatory and patent systems around second medical use claims
by Natali Goginashvili - 146-149 Brazilian Supreme Court considers ruling on patent case for the first time this century
by Roberto Rodrigues & Ana Calil - 150-163 The fate of the ETSI FRAND declaration in the transfer of SEPs
by Lea Tochtermann - 164-178 The Australian tobacco plain packaging legislation: a case study on intellectual property enforcement and policy intervention to promote public health
by Olasupo Owoeye & Oladapo Fabusuyi & Mathews Nkhoma - 179-183 The legal nature of a domain name: the Ukrainian dimension
by Nataliia Bulat - 184-186 Cornucopia of comparative case law: trade mark law in Asia
by Danny Friedmann - 187-188 Deciphering the transnational aspect of IP law
by Kshitij Kumar Singh
2021, Volume 16, Issue 1
- 1-2 Let’s do away with the notion of the “personal brand”
by Neil Wilkof - 3-4 A patentable computer program could only be one button press away
by Oliver Lam & Jeremy Smith - 5-7 Wheely good result for BMW in the Patents Court
by Janet Strath - 7-8 US Supreme Court precludes judicial review of time-bar challenges of US Patent and Trademark Office Patent Trial and Appeal Board institution decisions
by Charles R Macedo & Christopher Lisiewski & Chandler Sturm - 9-11 Lionel Messi v EUIPO: 2-0. Court of Justice blows final whistle on opposition proceedings involving Leo Messi
by Stefan Martin - 11-13 Genuine use of a mark without a single sale. Possible? ‘Yes!’, says the General Court
by Stefan Martin - 13-15 Land Rover fails to defend 3D shape mark oppositions
by Alex Woolgar - 16-17 SkyKick—a continuing saga: infringement, injunction, costs and appeals
by Darren Meale - 17-18 AG Hogan advises CJEU to rule that disclosure of evidence in court proceedings is not a communication to the public
by Nedim Malovic - 19-20 Brazil is one step closer to implementation of the Nagoya Protocol
by Suelen Carls - 21-40 ‘Thou shalt not pass’—trade mark and design offices and courts as guardians of public policy and morality
by Carina Gommers & Eva De Pauw & Ine Letten - 41-55 The destruction of copyright—are jurisprudence and legislators throwing fundamental principles of copyright under the bus?
by Kerstin Bäcker & Ursula Feindor-Schmidt - 56-65 The lost tribe: SEP licensing practices in German post-Huawei jurisprudence
by Jonas Heitto - 66-78 Meet my artificially-intelligent virtual self: creative avatars, machine learning, smart contracts and the copyright conundrum
by Eugene C Lim - 79-88 Claiming rights to Augmented Space: current and future scenarios
by Serena Faccio