JIPLP: April 2018

It's already May for JIPLP!

After our Special Issue, it's already time for our May issue, which has been available since mid April. We are really delighted to bring you some excellent contributions, including Neil Wilkof's thought-provoking editorial on the strength of trade marks and brands, the usual annual round-up of EU trade mark cases by Arnaud Folliard-Monguiral and David Rogers, and a practical, highly useful contribution by Mark Anderson on how to draft a FRAND licence in light of the judgment of the High Court in Unwired Planet (more on FRAND, from a German perspective, in our GRUR Int. monthly article).

EDITORIAL

‘Strong’ trade marks, ‘strong’ brands: what do we mean?

Neil Wilkof

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 341–342, https://doi.org/10.1093/jiplp/jpy052

CURRENT INTELLIGENCE

Trade mark exhaustion and global brands: the Schweppesjudgment

Michele Giannino

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 343–344, https://doi.org/10.1093/jiplp/jpy030

Ninth Circuit’s ‘minor logical extension’ of Rogers test permits an ‘Empire’ of expressive uses

Nicholas Bartelt

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 344–346, https://doi.org/10.1093/jiplp/jpy028

US appeals court finds ban on registering scandalous and immoral trade marks to be unconstitutional

David P Goldberg; Charles R Macedo

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 347–348, https://doi.org/10.1093/jiplp/jpy033

IPEC rules on copyright and joint authorship: ‘useful jargon’, ‘helpful criticism’ and ‘minor plot suggestions’ are not enough

Joel Smith; Alexandra Morgan

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 348–350, https://doi.org/10.1093/jiplp/jpy034

IPEC holds wedding dress designs infringed: no happy-ever-after for ex-employees

Janet Strath (Paralegal); Katie Cameron (Partner)

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 350–353, https://doi.org/10.1093/jiplp/jpy032

Aiming to preserve luxury image can justify restricting competition, rules CJEU as it approves prohibition of discernible third-party online sales platforms

Stephen Barratt

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 354–356, https://doi.org/10.1093/jiplp/jpy027

ARTICLES

European Union trade mark round-up 2017

Arnaud Folliard-Monguiral; David Rogers

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 357–376, https://doi.org/10.1093/jiplp/jpy039

How to draft a licence agreement that is fair, reasonable and non-discriminatory: a ten-point plan

Mark Anderson

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 377–392, https://doi.org/10.1093/jiplp/jpx212

Safe harbour law in India: raising the red flag in the wake of Myspace v Super Cassettes

Ishaan Saha; Oieshi Saha

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 393–399, https://doi.org/10.1093/jiplp/jpx192

Post-application evidence of bad faith in China’s Trade Mark Law

Jyh-An Lee; Hui Huang

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 400–407, https://doi.org/10.1093/jiplp/jpx202

Shedding light on market definition in trade mark cases: Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd

Marina Olsen

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 408–413, https://doi.org/10.1093/jiplp/jpx204

FROM GRUR INT.

An appropriate base to determine a fair return on investment: a legal and economic perspective on FRAND

Fredrik Nilsson

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 414–422, https://doi.org/10.1093/jiplp/jpy042

IP IN REVIEW

Province of patent pledges defined

Kshitij Kumar Singh

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 423–424, https://doi.org/10.1093/jiplp/jpx231

Mission completed! A comprehensive monograph on the challenges of digital copyright law in the EU

Péter Mezei

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 425–427, https://doi.org/10.1093/jiplp/jpy007

ERRATUM

Erratum

Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, 1 May 2018, Pages 428, https://doi.org/10.1093/jiplp/jpy057

About this weblog

The principal contents of this weblog are drawn from the Current Intelligence features which are published monthly in JIPLP.

Current Intelligence articles are designed to analyse recent key cases, legislation and topical matters. Normally they are of between 500 and 1,500 words (though in exceptional cases a greater word length may be agreed with the Editors).

The selected Current Intelligence articles are now posted on this weblog to enable readers to engage with them, posting comments if they so choose. All comments are moderated, which means that they will not appear immediately upon their being posted.

About the Journal

JIPLP is a peer-reviewed journal dedicated to intellectual property law and practice. Published monthly, coverage includes the full range of substantive IP topics, practice-related matters such as litigation, enforcement, drafting and transactions, plus relevant aspects of related subjects such as competition and world trade law.

The journal is specifically designed for IP lawyers, patent attorneys and trade mark attorneys both in private practice and working in industry. It also aims to be an essential source of reference for academics specialising in IP, members of the judiciary, officials in IP registries and regulatory bodies, and institutional libraries. Subject-matter covered is chosen for its practical relevance and international interest.

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