http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last_18.html
Join this Kat in catching up with last week’s exciting IP news and opportunities!
Community Design
| Image by Riana Harvey |
Marcel Pemsel commented on a recent decision by the General Court in Orgatex GmbH & Co. KG v EUIPO. The Court, after coining the term “principle of unicity of design”, stated that noncompliance with this principle could result in the invalidation of a registered Community design. It found that the inconsistent representations submitted by Orgatex hindered the identification of a clear design, thus violating the principle of unicity. Furthermore, the Court noted that EU bodies are not obligated to interpret contradictory representations but should only consider those that are “logical and plausible in light of common experience”. Consequently, the Court upheld the Board of Appeal’s decision to invalidate Orgatex’s design.
Trade Marks
Jocelyn Bosse reported on the long-awaited decision of the UK Supreme Court in SkyKick UK Ltd v Sky Ltd. The Court confirmed that applicants are not required to use their trade marks for “every possible species of goods or services” within their broad specifications. However, it also clarified that using general terminology in specifications to disguise a lack of genuine intent to use the trade mark for them cannot shield an application from being deemed made in bad faith. The Court also addressed trade mark infringement claims and questions regarding its jurisdiction post-Brexit.
IP News and Opportunities
Kevin Bercimuelle-Chamot notified The IPKat readers about the publication of WIPO’s 2024 edition of World Intellectual Property Indicators (WIPI), its annual survey analysing IP activity around the globe, and about the ELSA Scholarships that will be offered to three LL.M. students (one full, two partial) for the 2025-2026 academic year at Católica Global School of Law. For more details, do not forget to have a look at our latest Sunday Surprises post here.
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