- It would appear that Singaporean courts permit the use of ‘own name’ defense by corporations in trademark infringement suits.
- Kenya’s Permanent Presidential Music Commission (PPMC) has released a draft of its proposed National Music Bill and is calling for comments.IP Kenya has some preliminary comments.
- IP texts from Africa are far and in between. As such, new publication are always welcome. However, IP Kenya does not seem impressed by a new book – Intellectual Property Law in East Africa by Prof. Bakibinga and Dr. Kakungulu. What say you?
- What do you know about copyright and maps?
- What happens when Patentology meets the Productivity Commission on the Patenting of Computer-Implemented Inventions in Australia?
- The latest edition of WIPO Magazine.
That’s all folks!
Really, that’s all.
Okay, there’s more, but I suppose we all know that the result of the EU Referendum has without a doubt cast a shadow over any other news, but even then, life goes on.
- BREXIT – United Kindgdom votes to leave the European Union: On Friday June 24, 2016, many people (including the Lady) woke up to the news that majority in the UK had voted in favour of Brexit. Well, majority in London, Scotland and Northern Ireland voted against Brexit. The lady spent the entire day on this BBC webpage following the developments. How does this affect IP you ask. Well, if you are an ardent reader of the Manor, we covered that in previous editions of our Saturday Reads. Nevertheless, the links in our most recent Saturday Reads pretty much sums up all you need to know about the impact of Brexit on the IP community. You can catch up on all of that here.
- Innovation Prize for Africa Announces 2016 Winners: Big winners from this year’s edition of the Innovation Prize for Africa (IPA) awards are Dr Valentin Agon for his ground-breaking anti-malarial drug (Api-Palu) made from natural plant extracts; Dr Imogen Wright for her software aimed at testing for HIV drug-resistance medication; and Dr Eddy Agbo for developing a cheap, simple urine test for malaria. More on that here.
Scientists create new bio-ink for 3D printing: Scientists from the University of Bristol have found a new bio-ink for 3D printing with stem cells that allows printing of living tissue known as bio-printing. The new bio-ink contains two different polymer components: a natural polymer extracted from seaweed and a sacrificial synthetic polymer used in the medical industry. Read more here. The Lady may or may not have revealed her vested interests in this emerging field of technology in this post.
India may lose its position as the ‘pharmacy of the world’: Médecins Sans Frontières (MSF) has warned that if India adopts the proposals contained in the Regional Comprehensive Economic Partnership agreement (RCEP), the country will not remain ‘pharmacy of the developing world’. The RCEP, which has been likened to the infamous US-led Trans-Pacific Partnership agreement, is a regional trade agreement being negotiated between the 10 ASEAN (Association of Southeast Asian Nations) countries currently in Auckland. More on that here.
- As a lawyer, it is important to keep your clients informed of matters relating to their brief. Failure to do so may amount to ‘unsatisfactory conduct/unsatisfactory professional conduct’ as held in this Australian case.
- We have previously covered the possible implications of Brexit on the IP Community here, but now that the United Kingdom has voted in favour of Brexit following a referendum, it is important to revisit the matter. Numerous articles and announcements have been made by stakeholders in this regard and we have highlighted some for your reading pleasure:
- A primer from Managing IP on Brexit and IP
- IPCOPY writes about IP in the UK after Brexit Referendum
- ITMA’s EU Referendum statement
- IPKat’s heartfelt apology to Europe (This particular post is dear to the Lady’s heart having studied IP in UK and come to envy how IP operates on an almost unified platform across Europe. The world is pretty much a global village and as such IP has over time transcended territorial boundaries. The Lady believes the EU’s unified approach to IP has laid the foundations of what IP should look like in the future.)
- According to Kluwer Patent Blog, even in case of a Brexit, UK may join Unitary Patent system
- CIPA’s President calls for calm whilst stating that European patents and patent work remain unaffected
- World Trademark Review provides a round-up of reactions to Brexit by industry professionals.
- … as does World Intellectual Property Review here and here.
- IP Watch summarises that there are indeed many unanswered questions
Finally, if any of our readers is confused about Brexit, here is Brexit explained to non-brits because of course, Brits know what Brexit is about anyway.
Tanzania ‘cuts off 630,000’ counterfeit phones: We love to see governments take a bold stand against counterfeiting and this is exactly what the Tanzanian government has done. This BBC report says that according to official figures, about 3% of mobile phones in Tanzania are fake. In December 2015, Tanzania’s communication agency launched a new system called the Central Equipment Identification Register, which is a database of all International Mobile Station Equipment Identity (IMEI) numbers. When paired with systems at the network providers, it is able to block all counterfeit phones. Counterfeit mobile phones have now been switched off using the IMEI number. Apparently, Kenya did something similar in 2012, while Nigeria initiated similar moves in 2014.
- Singapore records First IP-financed loan: These are exciting times for the IP community in Singapore as the first case of loan application using intellectual property (IP) as collateral was approved few weeks ago. The beneficiary is Masai Group International. This comes further to the IP Financing Scheme (IPFS), which was introduced by the Intellectual Property Office of Singapore (IPOS) to help IP-rich companies monetise their IP for business growth and expansion. The IP-financed loan was supported by DBS Bank (DBS), one of the scheme’s three participating financial institutions (PFI). More on that here.
- New Developments in Singapore’s IP Financing Scheme: Following the development above,with effect from July 1, 2016, IPOS has announced that IP owners can look forward to monetising other IP asset classes such as registered trade marks and copyrights through IPFS. The Scheme will also be extended for another two years till March 31, 2018, as applications are expected to increase. To meet the anticipated surge in demand for IP loan financing, IPOS has appointed a fourth PFI and expanded the panel of IP Valuers from three to seven. More on that here.
EU Trade Secrets Directive to come into force on July 5, 2016: Having followed the passage of the EU Trade Secrets Directive in previous posts, we are pleased to inform you that pursuant to Article 20, which states that the Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union, the Official Journal Vol 59 containing the Directive was published June 15, 2016. Accordingly, the Directive will come into force on July 5, 2016. Member States have a maximum of two years to incorporate the Directive’s provisions into domestic law.
- Israel publishes Patent Report 2015: The Israel Patent Office has recently published its report of 2015. As always, IP Factor has provided an overview of its content here.
Edison Visiting Scholar Program – Call for Proposals: The United States Patent and Trademark Office (USPTO) seeks new proposals from scholars in intellectual property, innovation, economics and related fields for the Thomas Alva Edison Visiting Scholars Program as Research Fellows. The Edison Visiting Scholars Program enlists the services of academic researchers to study intellectual property issues that further the agency’s mission and the public interest. For full consideration for the 2016-17 academic year, proposals should be received by July 11, 2016. All enquiries should be directed to firstname.lastname@example.org. More details here and here.
- I am still confused by this complaint sent to IP Factor. The more I read it, the more perplexed I am. Some lawyers ordered lunch to their office for themselves and the client, and invoiced the client. I am almost certain that will never happen in Nigeria. You certainly don’t want your clients thinking you’re miserly.
- This is courtesy the Lady’s father – Citigroup Inc (C.N) has sued AT&T Inc (T.N) for the use of “thanks” and “AT&T thanks” in a new customer loyalty program which infringes the former’s trademark rights to the phrase “thankyou”.*sigh* More on that here and here anyway.
- Is there a thin line between ‘trademark enforcement’ and ‘trademark bullying’? Find out here.
- If the allegation of sampling levelled against Justin Beiber and producer, Skrillex (as well as the other songwriters of ‘Sorry’) by Indie artist, Casey Dienel (aka White Hinterland) were instituted in Australia, here is what the Courts will consider. The song by Dienel is ‘Ring the Bell’.
- On patent marking in Australia and its effectiveness.
- I absolutely enjoyed reading this post on Cannibalism, Branding and Market Segmentation.
- Identifying the owner of an IP right in an employer-employee relationship can often be tricky, but no worries, this post is here to help you out.
- New decision by the Court of Justice of the European Union on what constitutes ‘communication to the public’.
- On sampling in Germany and the United States.
- Another feature on Germany by IPKat with this interview of Philipp Schröler about life as an IP lawyer in … (guess where).
- Then another IP Lawyer interview. This time, in India. Subject – Dr. Kalyan C. Kankanala, founder of Brain League IP Services, BananaIP Counsels and popular IP blog, SiNApSE.
- Did you know that an ISP could lose its safe harbour protection if it fails to remove infringing content expeditiously? An analysis of a recent decision by the Rome Court of First Instance in that regard can be found here.
- The quest for globally affordable treatment for Hepatitis C is far from over as shown in this analysis of a WHO-led study.
- More on India’s new IP policy from someone who is clearly not impressed.
- UPOV Convention enters into force in Kenya: On May 11 2016, the International Convention for the Protection of New Varieties of Plants (UPOV Convention) of December 2, 1961, as revised on March 19, 1991 entered into force in Kenya. Kenya, which is already one of the 74 members of UPOV, is the 56th member to become bound by the 1991 Act of the UPOV Convention.The purpose of UPOV is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.More on that here and here.
- India’s Patent (Amendment) Rules, 2016 takes effect: The Patent (Amendment) rules, 2016 making amendments to the Patents Rules, 2003 (Principal Rules) of the Patents Act, 1970 have taken effect from May 16, 2016. More on that here and here.
- This cracked me up – a case of mistaken identity on a live interview about Trademarks.
- If limericks are your thing, IPKat is inviting submissions. IP themed of course. The deadline for submissions is June 23, 2016 – the same day as the UK vote on whether to leave the EU, to help you remember.
- On personality rights and protection of image rights in Uganda.
- The QMJIP team have been extra busy – New Trademark Defenses System, #canitrademarkmyhashtag? and Easter rabbits: a fairy tale on communication right make my top reads. Catch up on other new blog posts here.
- The latest edition of the QMJIP Journal is also out.
- The QMJIP team also do a good job of curating IP events around the world. This is for the month of May, 2016.
- CJEU Launches Mobile App: The Court of Justice of the European Union (CJEU) launched its application, CVRIA, for smartphones and tablets, which runs under both IOS and Android on May 11, 2016. The application is available in 23 EU languages which can be selected in the menu by the user.
It provides easy access to the latest decisions of the Court of Justice, the General Court and the Civil Service Tribunal (including judgments, Opinions and orders), as well as the latest press releases. Also included is the Court’s diary, providing details of hearings, judgments and Opinions for the coming weeks.For those who need to delve deeper, a search facility provides simple access to the whole of the Court’s case law. Searches can be carried out by case number, party name, date and a free text search.
- Obama signs Defend Trade Secrets Act:You would recall that the Defend Trade Secrets Act was passed by the Senate and House of Representatives some week ago. Well, President Obama has now signed the Defend Trade Secrets Act of 2016 into law, creating a new Federal cause of action for misappropriation of trade secrets. More on that here. Here are 5 things you should know about the Act.
- Indian Cabinet approves National Intellectual Property Rights (IPR) policy: The Cabinet has approved the National Intellectual Property Rights (IPR) policy with a view to promoting creativity, innovation and entrepreneurship. The aim is to create awareness about economic, social and cultural benefits of IPRs among all sections of society. The Policy lays down seven Objectives which are elaborated with steps to be undertaken by the identified nodal Ministry/ department. These objectives include include IPR public awareness, stimulation of generation of IPRs, need for strong and effective laws and strengthening enforcement and adjudicatory mechanisms to combat infringements. Films, music, industrial drawings will now be covered by copyright and by 2017, the window for trademark registration will be brought down to one month. More on the Policy here and here. Here are 10 things you should know about the Policy.
- Here are five things you should know about the Defend Trade Secrets Act that was signed signed into law by President Obama on May 11, 2016.
- Here are 10 things you should know about India’s National Intellectual Property Rights Policy.
- Did you know that under Italian law, the principle of stare decisis (binding precedent) does not exist? Well, that’s by the way in this analysis of a recent judgment by the Tribunale di Roma (Rome Court of First Instance) that rightholders are not obliged to indicate URLs when submitting takedown request.
- We believe our esteemed guests know better than relying on Wikipedia. Right? This is what happened when a company tried to register ‘My Cloud’ in Israel relying on the personal pronoun ‘my’ for distinctiveness.
- If you have been following the developments at the European Patent Office, this update is for you. If you have not, well…go on…read it.
- Angela Daly‘s book Socio-Legal Aspects of the 3D Printing Revolution, will be published by Palgrave Macmillan in June 2016. In the meantime, she has this to say about 3D printing.
- What has IP got to do with Economics? Here is some insight.
- Ifeoluwa Olubiyi, a Phd Research Fellow at the University of Ilorin, Nigeria, needs some input in respect of how collective management organisations are run in your jurisdiction. For how you can help, see here.