http://ipkitten.blogspot.com/2018/02/around-ip-blogs.html
A lot
has happened across the IP blogs in the past week. IP Kat is here to guide you
through this maze and help you catch up on the highlights. Please join a séance
of IP knowledge and fur-joyment!
has happened across the IP blogs in the past week. IP Kat is here to guide you
through this maze and help you catch up on the highlights. Please join a séance
of IP knowledge and fur-joyment!
Trade
Marks
Marks
Marques has reviewed a
CJEU decision in the “Champagner
Sorbet” case. The Court clarified the ‘conditions’ of using the
Protected Designation of Origin (PDO) for “Champagne” on a product that
was not Champagne, but still contained a certain percentage (here: 12%) of the Champagne
product. The CJEU clarified that a PDO
may be used on products that only contain the PDO. However,
for this to be permissible, the taste of the PDO has to be an essential attribute
of the product.
CJEU decision in the “Champagner
Sorbet” case. The Court clarified the ‘conditions’ of using the
Protected Designation of Origin (PDO) for “Champagne” on a product that
was not Champagne, but still contained a certain percentage (here: 12%) of the Champagne
product. The CJEU clarified that a PDO
may be used on products that only contain the PDO. However,
for this to be permissible, the taste of the PDO has to be an essential attribute
of the product.
Kluwer
Trademark Blog focused on an Austrian trademark battlefield. The Supreme
Court (OGH) issued a decision
in a case relating to a likelihood of confusion between “Original
Salzburg(er) Mozartkugel” confectionery and a get-up product
“Salzburger Mozartkugel”. Only the
original Mozartkugel originated from Salzburg, therefore the packaging of a
competing sweet led to a likelihood of confusion and constituted unlawful
imitation marketing. The Court issued a locally limited
injunction, i.e. effective in the Salzburg area only.
Trademark Blog focused on an Austrian trademark battlefield. The Supreme
Court (OGH) issued a decision
in a case relating to a likelihood of confusion between “Original
Salzburg(er) Mozartkugel” confectionery and a get-up product
“Salzburger Mozartkugel”. Only the
original Mozartkugel originated from Salzburg, therefore the packaging of a
competing sweet led to a likelihood of confusion and constituted unlawful
imitation marketing. The Court issued a locally limited
injunction, i.e. effective in the Salzburg area only.
Patents
Kluwer
Patents Blog reports on an
announcement from Latvia, which has completed the ratification formalities of
the Unified Patent Court (UPC) Agreement by depositing its instrument of
ratification with the secretariat of the EU Council. It is the 15th state to do so!
Latvia will form a Nordic-Baltic regional division of the UPC together with
Estonia, Lithuania and Sweden.
Patents Blog reports on an
announcement from Latvia, which has completed the ratification formalities of
the Unified Patent Court (UPC) Agreement by depositing its instrument of
ratification with the secretariat of the EU Council. It is the 15th state to do so!
Latvia will form a Nordic-Baltic regional division of the UPC together with
Estonia, Lithuania and Sweden.
EPLAW
discusses an EPO, Technical BoA decision
in case T 282/17 – Coated tablets/JOHNSON & JOHNSON. The decision applies
the principle of partial priority to the assessment of what is the first
application from which priority can be claimed. In this case, the priority application would be the first application
in respect of only that part of the invention which is not the same as in the
earlier application.
discusses an EPO, Technical BoA decision
in case T 282/17 – Coated tablets/JOHNSON & JOHNSON. The decision applies
the principle of partial priority to the assessment of what is the first
application from which priority can be claimed. In this case, the priority application would be the first application
in respect of only that part of the invention which is not the same as in the
earlier application.
Industrial
Designs
Designs
The
IP Alchemist discusses the publication of a final legislative instrument that
is required for the UK to join the Geneva Act of the
Hague Agreement, which is an international system for the registration of
designs. Given the uncertainty about the scope of Community Designs in the
event of Brexit, the ability to designate a UK national right, in addition to
an EU right, will be welcomed by users
of the system.
IP Alchemist discusses the publication of a final legislative instrument that
is required for the UK to join the Geneva Act of the
Hague Agreement, which is an international system for the registration of
designs. Given the uncertainty about the scope of Community Designs in the
event of Brexit, the ability to designate a UK national right, in addition to
an EU right, will be welcomed by users
of the system.
IP Licensing
IP Draughts announce their intention to propose that
the United Nations develop an
international convention on IP licensing, which would help to resolve differences
in approaches taken by various legal systems in relation to the interpretation
of licence agreements, negotiation and preparation of agreements, and the use
of template agreements of varying drafting quality.
the United Nations develop an
international convention on IP licensing, which would help to resolve differences
in approaches taken by various legal systems in relation to the interpretation
of licence agreements, negotiation and preparation of agreements, and the use
of template agreements of varying drafting quality.
Content reproduced from The IPKat as permitted under the Creative Commons Licence (UK).