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Never Too Late: In case you missed the IPKat last week #Nevertoolate

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Never Too Late: In case you missed the IPKat last week #Nevertoolate

Want to catch up on last week's IP news? The 113th edition of Never Too Late is here to bring you up to speed in record time. 
The IPKat has done the running for you

Clinical Trial Data, Motivated Intruders and Freedom of Information

Is anonymised clinical trial data exempt from disclosure under the Freedom of Information Act? This was the question facing the UK Information Tribunal recently in Queen Mary University of London v (1) The Information Commissioner and (2) Alem Matthees. Katfriend Eibhlin Vardy (Stephenson Harwood) dissects the case. 

Parody and free use in Germany: Federal Court of Justice decides first parody case after Deckmyn

When the Court of Justice of the European Union (CJEU) back in 2014 issued its decision in Deckmyn, C-201/13, it clarified the meaning of 'parody' but also raised further questions. Now, after exactly 2 years, the German Federal Court of Justice has decided its first post-Deckmyn case, as Katfriend Rike Maier (Humboldt University of Berlin) explains.

Donut maker gored by University of Texas over a fan favourite pastry

Donut Taco Palace in Austin, Texas, is famous for their ‘Longhorns donuts’. These donuts are modelled after the Hook ‘em Horns hand gesture which is made in support of the University of Texas’ Longhorns American football team. These donuts of allegiance satisfied the sweet tooth of many Longhorns fans until last month, when the University of Texas became aware of the situation. They sent a cease and desist letter to the owner of the shop citing trademark infringement. Emma Perot reporting.

SUPER-BREAKING: (Liberal) CJEU says that linking to unauthorised content is NOT a communication to the public unless one seeks financial gain and has knowledge of illegality

Eleonora brings you the CJEU's GS Media decision. This was a reference for a preliminary ruling from the Dutch Supreme Court. It had been made in the context of proceedings between Sanoma (the publisher of Playboy magazine) and GS Media, concerning the publication by the latter on a website that it operates ( of hyperlinks to other websites hosting unpublished photographs of Dutch starlet Britt Dekker.

Hyperlinks and communication to the public: early thoughts on the GS Media decision 

More thoughts from Eleonora on this important decision.

Fujifilm's second Arrow declaration survives AbbVie's strike out application as Humira biosimilar battle rages on 

The Amerikat brings you the highlights of Mr Justice Arnold's decision in Fujifilm Kyowa v AbbVie [2016] EWHC 2204

Does David Davis want to ratify the UPC Agreement? 

The Amerikat brings you news of a House of Commons exchange between between Cheryl Gillan MP and David Davis (Secretary of State for Exiting the European Union) that hints that the UK might ratify the UPC agreement.

EU General Data Protection Regulation – Part II 

Valentina Torrelli discusses the grounds on which the processing of personal data can be considered lawful, the new rights afforded individuals with respect to personal data and the regulation on individual automated decision-making, especially “profiling”.

Changes to the Cider House Fight Club Patent Rules of Engagement the Game UK IPO

A collection of rule changes at the UK IPO will be coming into effect via forthcoming amendments to the Patents Rules 2007. There are two batches of changes summarised below, with the first, bigger, batch effective from 1 October 2016, and the second from 6 April 2017. Darren Smyth brings you the story. 

Friday Fun

Roundup post from Ellie Wilson. Internkat and INTA internship applications open. IPO gender and fashion study, Conde Nast Fashion Law masterclass event.

Linking after GS Media ... in a table

Eleonora brings you a useful table summarising the position of the Court of Justice of the European Union as regards linking to protected content.

Book Review: European Patent Litigation in the Shadow of the Unified Patent Court

By Nicola Searle.

GE seeks to acquire 3D printing technology; will a branding story follow? 

Neil Wilkopf ponders the future of 3d printing. Will there (1) continue to be a separate and distinct 3D printing industry or (2) will mutinationals become more and more involved in the manufacture of 3D printing products?

Do you love Paris in the Fall? If you do, come to EPLAW's Europe/Japan day of mock trials! 

The AmeriKat understands that spaces are nearly filled, so if you want to know how to obtain (or prevent the obtaining of) evidence of patent infringement be it in Paris, London, Tokyo or Munich and you love Paris in the Fall, you better hurry!


Never too late 112 [week ending on Sunday 4 September] 3 Cubist antibiotic patents revoked| Milan Court rejects application for 'blank' blocking order | Leaked copyright draft directiveThursday Titibits | Super Kat exclusive| Mexico's new opposition system | EU General Data Protection Regulation | Hospira v Cubist | My My Mylan | Kasting Kall for Internkats

Never too late 111 [week ending on Sunday 28 August] Branding and rebranding of infidelity and Ashley Madison | Passive hosting providers and third party content | Safe harbours and the E-commerce directive | BREAKING: Leaked Commission Impact Assessment | GS Media rapid response event | Singapore Copyright reform

Never too late 110 [week ending on Sunday 21 August] | Life after Cartier - the future of blocking injunctions | Irish Court of Appeal ruling on Article 8(3) InfoSoc Directive | Wednesday Whimsies| Court fees - do you know what to pay? | Good news and bad news for bio-pharmaceutical patenting in the United States | HP? Hewlett Packard? The legacy of brands following a split |

Never too late 109 [week ending on Sunday 14 August] EPLAW mock trials | CJEU "flat rate" reimbursement of legal fees in C-57/15 | Transmission or retransmission? | Judgement in Actavis v ICOS | Collective management of copyright for images displayed by search engines | Corporates and #Rio2016 | Global branding

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