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Sunday Surprises

The IPKat

Events 18-19 April 2024: AIPPI Trilateral Seminar The Polish, German and French Groups of AIPPI organise the traditional joint seminar on IP related issues. It will be hosted on 18 and 19 April 2024 in Warsaw. The conference takes place at the National Library of Sweden in Stockholm on 12 and 13 September 2024.

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IPKat Book of the Year Awards 2023 winners announced!

The IPKat

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

Patently-O

Unlike copyright law, patent law has an unambiguous six-year statute of limitations on damages in infringement cases. Dennis Crouch and Timothy Knight, Under What Circumstances Can Damages Be Obtained for Copyright Violations That Took Place More Than Three Years Before Filing of the Lawsuit? , See 38 U.S.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

More crucially, rightholders can instrumentalize their exclusive right to control initial access to their works, making the exercise of user rights increasingly difficult if not impossible ( Kretschmer & Margoni, 2024 ). However, it is only a first step towards making user’s rights a reality.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).