Manual IP News and Unitary Patent News edited by Arnold & Siedsma
 
Unified Patent Court News edited by Bristows
 
Kluwer Copyright Cases edited by IViR
 
Kluwer Patent Cases edited by Brinkhof
 
IP Law Daily - Selected US Cases edited by CCH
 
Volume 2019 - Issue 8
April 2019
 
 
 

News

 
General Information (3)
 
 
Locarno and Vienna Agreements enter into force in Albania
 
The Locarno Agreement Establishing an International Classification for Industrial Designs (Locarno Agreement) and the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (Vienna Agreement) entered into force in the Republic of Albania on 16 January 2019. Albania had officially acceded to these agreements on 16 October 2018.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Albania Full text
 
 
 
 
 
Canada joins WIPO’s Digital Access Service
 
The Canadian Intellectual Property Office (CIPO) has announced that it will participate in the Digital Access Service (DAS) of the World Intellectual Property Organization (WIPO) for industrial design applications from 1 April 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Canada Full text
 
 
 
 
 
Georgia becomes depositing and accessing office of WIPO DAS
 
On 1 April 2019, the National Intellectual Property Center of Georgia (SAKPATENTI) started functioning as both a depositing and an accessing Office of the WIPO Digital Access Services (DAS) for electronic priority documents.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Georgia Full text
 
 
 
 
 
Patents/Utility Models (10)
 
 
Australia set to simplify filing of translated patent papers
 
IP Australia has announced that new regulations formulated to make the filing of translated patent documents simpler will enter into force on 25 September 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Australia Full text
 
 
 
 
 
Egyptian Patent Office to allow e-payment of fees
 
From 1 May 2019, the Egyptian Patent Office will allow its nationals to file international patent applications and pay official fees electronically.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Egypt Full text
 
 
 
 
 
CIPA/CITMA webinar about Brexit and patents
 
The CIPA and CITMA have published a webinar online ‘to guide you through the various implications for patents, trademarks and designs and help you to consider the impact of Brexit on your practice.’
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 15 Apr 2019
 
European Union, United Kingdom Full text
 
 
 
 
 
Video on Brexit and patents
 
The Unitary Patent system will be delayed because of the Brexit and the constitutional challenge in Germany.

This is explained in a short video of IP Copy on the consequences of the Brexit on European Patents. For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 15 Apr 2019
 
European Union, United Kingdom Full text
 
 
 
 
 
Anger in Italy over UPC motion without mention of Milan
 
In Italy, a motion supporting the transfer of the London branch of the Unified Patent Court’s central division to Italy, has led to anger in parliament.

The motion, which was approved earlier this week with the 245 votes of the ruling parties Lega and Five Star Movement in favour and 166 abstentions (the complete opposition), led to conflict because it doesn’t mention Milan as candidate to host the London branch of the central division in case the UK leaves the EU. 

Over the last years, Milan has presented itself as the ideal candidate for the central division. It is also the location of the Italian local division. According to newspaper La Repubblica, Lega and the Five Star Movement have been mocking Milan as the seat of the Patent Court.
 
Author(s): Kluwer IP Reporter
 
Source: Unified Patent Court NewsDate: 15 Apr 2019
 
European Union, Italy Full text
 
 
 
 
 
UK position in Unitary Patent system discussed
 
How will the UK's exit from the European Union affect the proposed Unitary Patent system? This is discussed by Eric Siecker of Novagraaf in a video published by Lexology.

Siecker outlines the likeliness of four possibilities and thinks in all of these the UK participation is at risk.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 15 Apr 2019
 
European Union, United Kingdom Full text
 
 
 
 
 
Italy implements amendments to Industrial Property Code
 
With effect from 27 March 2019, Italy started implementing the provisions of the Legislative Decree to adapt the Unitary Patent Regulation (EU 1257/2012) and the Unified Patent Court (UPC) Agreement into the national law.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Italy Full text
 
 
 
 
 
Kenya begins processing international applications filed using ePCT
 
From 1 April 2019, the Kenya Industrial Property Institute started receiving and processing international applications under the Patent Cooperation Treaty (PCT) filed electronically through ePCT-Filing system.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Kenya Full text
 
 
 
 
 
Myanmar passes patent law
 
On 11 March 2019, the Union Assembly of Myanmar (the Parliament) passed Myanmar’s first-ever law enacted specifically to address patent protection—Pyidaungsu Hluttaw Law No. 7/2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Myanmar Full text
 
 
 
 
 
Saudi Arabia inks PPH deal with South Korea
 
The Saudi Authority for Intellectual Property has recently signed a Patent Prosecution Highway (PPH) agreement with the Korean Intellectual Property Office (KIPO).
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Saudi Arabia, South Korea Full text
 
 
 
 
 
Trademarks (5)
 
 
Estonia enhances online trademark filing system
 
On 1 April 2019, the Estonian Patent Office (EPA) went live with its enhanced features on Back Office and Front Office systems for filing trademarks online.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Estonia Full text
 
 
 
 
 
EU agrees to join WIPO’s GI protection system
 
Member states of the European Union (EU) have decided to join the World Intellectual Property Organization’s Geneva Act of the Lisbon Agreement that establishes a geographical indication (GI) register.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
European Union Full text
 
 
 
 
 
Poland introduces e-notification system to alert trademark owners
 
Pursuant to the amendment to the Industrial Property Law Act of 20 February 2019, the Patent Office of the Republic of Poland has recently published guidelines for applicants regarding new types of marks and also introduced an e-notification system to alert trademark owners.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Poland Full text
 
 
 
 
 
Poland adopts new trademark law
 
On 16 March 2019, Poland adopted its new Intellectual Property Law, which brought changes to the national trademark law to implement the EU Trademark Directive 2015/2436.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Poland Full text
 
 
 
 
 
Singapore won’t present requests for merger of international registration to WIPO
 
Pursuant to new Rule 40(6) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), the Government of Singapore has notified the Director General of the World Intellectual Property Organization (WIPO) that its office will not present to WIPO requests for merger or division of international registrations.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 15 Apr 2019
 
Singapore Full text
 
 
 
 

Cases

 
Copyright (2)
 
 
United Kingdom: Mei Fields Designs Ltd v Saffron Cards and Gifts Ltd, Intellectual Property Enterprise Court, [2018] EWHC 1332 (IPEC), 06 June 2018
 
The Court held that a greeting card designer was the sole copyright owner of the rights in a number of greeting cards but had validly assigned the copyright to the claimant. The defendants were jointly liable for infringement of copyright in two of the claimant's cards.
 
Author(s): Stavroula Karapapa, University of Reading
 
Source: Kluwer Copyright CasesDate: 15 Apr 2019
 
United Kingdom Full text Full text as PDF
 
 
 
 
 
United Kingdom: BBC v Mechanical-Copyright Protection Society Ltd, High Court of Justice of England and Wales, Chancery Division, [2018] EWHC 2931 (Ch), 06 November 2018
 
The Court concluded that the Copyright Tribunal does not have jurisdiction under section 126 of the Copyright Designs and Patents Act 1988 to set the terms of licences of foreign copyrights; but that it nevertheless has the power in some circumstances to make an order in respect of the whole of a licence which covers both UK copyrights and foreign copyrights.
 
Author(s): Stavroula Karapapa, University of Reading
 
Source: Kluwer Copyright CasesDate: 15 Apr 2019
 
United Kingdom Full text Full text as PDF
 
 
 
 
 
Patent (3)
 
 
USA: International Business Machines Corp. v. Iancu, United States Court of Appeals, Federal Circuit, No. 18-1065, 01 April 2019
 
In one of two related IPR proceedings, the Board relied on an incorrect construction of the claim term "federated." In the other, the Board based its decision on prior art that did not disclose the challenged claims’ key "single-sign-on" limitation.
 
Author(s): Thomas Long, CCH
 
Source: IP Law Daily - Selected US CasesDate: 15 Apr 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Cleveland Clinic Foundation v. True Health Diagnostics LLC, United States Court of Appeals, Federal Circuit, No. 18-1218, 01 April 2019
 
Methods of testing for the enzyme myeloperoxidase (MPO) were not directed to patent-eligible subject matter because they were directed to a natural law and recited no inventive concept.
 
Author(s): David Yucht
 
Source: IP Law Daily - Selected US CasesDate: 15 Apr 2019
 
Reporter for: United States of America
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Omega Patents, LLC v. CalAmp Corp., United States Court of Appeals, Federal Circuit, No. 2018-1309, 08 April 2019
 
Although a federal district court’s no-invalidity findings were affirmed, reversal of several findings of infringement required vacatur of the over-$15 million damages award and a new trial, in infringement suit brought by Omega Patents against CalAmp Corp.
 
Author(s): Peter Reap, CCH
 
Source: IP Law Daily - Selected US CasesDate: 15 Apr 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
Trademark (1)
 
 
USA: Kroma Makeup EU LLC v. Boldface Licensing & Branding Inc., United States Court of Appeals, Eleventh Circuit, No. 17-14211, 01 April 2019
 
European distributor of Kroma beauty products lacked standing to assert rights in the U.S.
 
Author(s): Jody Coultas, CCH
 
Source: IP Law Daily - Selected US CasesDate: 15 Apr 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
Trade secrets (1)
 
 
USA: Handel’s Enterprises Inc. v. Schulenburg, United States Court of Appeals, Sixth Circuit, No. 18-3596, 01 April 2019
 
Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction.

An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was therefore likely a trade secret, the Sixth Circuit Court of Appeals has ruled. In an unpublished opinion, the appellate court affirmed a district court’s finding that the franchisor had a likelihood of success at trial and would be irreparably harmed absent a preliminary injunction barring the franchisee from setting up a competing ice cream parlor (Handel’s Enterprises, Inc. v. Schulenburg, April 1, 2019, Cole, R.).
 
Author(s): Matt Pavich
 
Source: IP Law Daily - Selected Trade Secret CasesDate: 15 Apr 2019
 
Reporter for: United States of America
 
United States of America Full text Full text as PDF
 
 
 
 

Upcoming events

 
Upcoming events (1)
 
 
Unitary Patent system discussed at IP seminar in September
 
The fourth edition of V.O.’s IP seminar will be held from 23 to 25 September in Munich, Germany.

The seminar aims to improve practical understanding of the European patent system. ‘Further, in anticipation of the unitary patent (UP) and the unified patent court (UPC), we are on the eve of Europe’s biggest change in patent law in decades. How should we adapt our present patent strategies to these changes?’
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 15 Apr 2019
 
Germany Full text
 
 
 
 
 
  Did you find this newsletter helpful? Subscribe to newsletter »