Japan Patent Office Decides “TE’ CON MIEL” (Tea With Honey) Is Distinctive In Relation To Tea 20/02/2018 by Guest contributor for Intellectual Property Watch Leave a Comment In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) decided to overrule the opposition against TM Registration no. 5951823 for word mark “TÉ CON MIEL” designating tea in class 30 due to distinctiveness of the mark among relevant Japanese consumers.
Copyright For Libraries Around The World In 2018 16/02/2018 by Intellectual Property Watch 1 Comment Copyright laws around the world are constantly changing in an attempt to adapt – or react – to the digital world. These changes can have a major impact on how libraries function and on the public service they provide. While some reforms offer new possibilities and legal certainty, others look backwards and seek to use the law to restrict the ability of libraries to guarantee meaningful information access to their users, IFLA writes.
A Brief Sketch Of Privilegio In The Venetian Renaissance 07/02/2018 by Intellectual Property Watch 2 Comments Gavin Keeney writes: As a type of historical morality tale, especially given arguments currently before the European Commission regarding copyright reform and “neighboring rights,” this short treatise addresses the origins of copyright in the Venetian Renaissance in the late 1400s under the aegis of privilegio, notably first granted to authors (author-publishers) versus printers (printer-publishers). Subsequently, printers as publishers would command the lion’s share of such rights to works. Arguably, Venetian privilege transferred the immemorial aspect of written works (here considered “moral rights” for works) to authors in a casual, yet emphatic manner leading to modern copyright. With contemporary copyright nominally belonging to authors, but in fact belonging by expropriation to presses and platforms, it is likely that one of the few solutions, short of benevolent presses fully sharing rights with authors, is for moral rights to return to works by way of the author renouncing copyright but refusing the arrogation of such renounced rights to presses and platforms.
Analysis Of The Working Group On Enhanced Cooperation On Public Policy Issues Pertaining To The Internet 05/02/2018 by Intellectual Property Watch Leave a Comment Richard Hill writes: The Tunis Agenda calls for enhanced cooperation to address issues related to the Internet and its governance. However, there was no clear agreement on how to implement enhanced cooperation, so a Working Group on Enhanced Cooperation (WGEC) was convened to discuss that matter and to prepare recommendations. A first WGEC group failed to find agreement, so a second group was formed. In 2018, fifteen years later, the digital divide is worse, spam is worse, and security and privacy have become key issues; the fact that ICANN operates under the jurisdiction of the USA is also at times raised. Some are of the view that the evidence shows that current mechanisms are not working.
Copyright And Artificial Intelligence 30/01/2018 by Intellectual Property Watch 3 Comments Ed Klaris writes: Recently, a photographer whose camera was used by a monkey to take a selfie settled a two-year legal battle against an animal rights group about copyright over the image. The lower court had denied the monkey a copyright, but the photographer did not want to face the appeals court. Whether monkeys can create copyrighted works is not exactly a pressing question for our time. But the important issues raised by this case and others about who owns creative work in an increasingly automated world are crucial to the future of copyright. With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.
The Top 5 Issues In EU Medicines Policy For 2018 (Including IP) 30/01/2018 by Intellectual Property Watch 1 Comment Yannis Natsis writes: There is a breakdown in communications between the pharmaceutical industry and Ministers of Health in Europe. The newly-deployed tactic of public, personalised attacks on national decision-makers who express concerns over high prices of medicines, reveal a change in the industry’s lobbying strategy that might damage the relationship irreparably.
JPO Refused To Register Wordmark “ROMEO GIGLI” Due To Lack Of Consent From Italian Fashion Designer 29/01/2018 by Guest contributor for Intellectual Property Watch Leave a Comment In a recent decision, the Appeal Board of Japan Patent Office (JPO) refused to register trademark application no. 2015- 100245 for a red-colored word mark “ROMEO GIGLI” in gothic script (see below) designating goods of Class 24 and 25 on the grounds that applicant failed to obtain a consent from Italian fashion designer, Romeo Gigli, based on Article 4(1)(viii) of the Trademark Law, writes Masaki Mikami.
Julia Reda-Led Panel Discussion Reveals – Publishers’ Right Faces High Resistance From Academic Circles 21/01/2018 by Intellectual Property Watch 2 Comments The Greens/EFA Group in the European Parliament organised last autumn the panel discussion titled, “Better Regulation for Copyright: Academics Meet Policy Makers” in Brussels. This is an initiative that together with a recently published study questions whether national and EU neighbouring rights for publishers are actually lawful. The article below gives an overview of the panel discussion and movements that followed in the legislative process in Brussels, with a special focus on the press publishers right, writes Ines Duhanic.
Heading Off Global Action On Access To Medicines In 2018 19/01/2018 by Intellectual Property Watch Leave a Comment At the dawn of 2018, political and health leaders must seize the growing momentum and opportunities to tackle the protracted challenges of access to medicines that undermines efforts to save lives and improve health as committed under the Agenda 2030 SDG [Sustainable Development Goals] by all UN member states, write Jorge Bermudez and Viroj Tangcharoensathien.
Libraries – A Trio Of European Court Rulings 16/01/2018 by Intellectual Property Watch Leave a Comment In recent years, the Court of Justice of the European Union (CJEU), Europe’s highest court, has made three important rulings concerning digital library activities in Europe, Vincent Bonnet and Barbara Stratton write on the EIFL blog.