http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_26.html
Here is what you might have missed from the latest at The IPKat!
Patents
Rose Hughes analyzed DexCom v Abbott (UPC_CFI_230/2023), the first substantive decision of the Paris Local Division of the Unified Patent Court (UPC) on patent validity. The case clarifies how much the description should be taken into account when interpreting the claims.
Rose Hughes outlined T 2543/22 concerning the manufacturing method for preparing a therapeutic peptide. The Board of Appeal questioned whether the use of SPy intermediate peptide on the D-cysteine residue was obvious.
Rose Hughes looked into currently available tools that can assist with patent drafting for life sciences. However, she focused on the technical capabilities of the software rather than the pricing or security features of the tools.
Copyright and AI
Katfriends Adrian Aronsson-Storrier and Sam Berriman discussed the Information Commissioner’s Office (ICO) response to its consultation series on generative AI. In their outcomes report, ICO covered a range of emerging questions relating to the application of UK data protection law to the development and use of generative AI. It was also highlighted that copyright is not the only area of law that needs to be considered especially with the legality of website scraping for AI development.
Söğüt Atilla reviewed a USCO application for a visual material generated by Invoke AI and with a technique called “inpainting”. Following the initial rejection, the work was registered on the basis of the “selection, coordination, and arrangement of material generated by artificial intelligence”.
Katfriend Seun Lari-Williams (University of Antwerp) outlined the case between Chief Afe Babalola and Dele Farotimi concerning copyright royalties. The case underlines the boundaries between defamation remedies and copyright remedies.
Trade Marks
Marcel Pemsel explained two recent decisions from the General Court regarding distinctiveness in the context of two EU trade mark applications from Doorinn and VistaJet.
Oliver Fairhurst reported on a recent judgment concerning distinctiveness in the context of a dispute between Abbott and Sinocare [2025] EWHC 206 (Ch). The case focuses on the attempt to use shape marks to protect against similar products.
IP events and opportunities
Alessandro Cerri informed the Readers of events and opportunities. The Association Litteraire et Artistique Internationale will have its next Annual Congress in Opatija, Croatia, between 9-11 October 2025 on the ownership and transfer of copyright and related rights. The Liverpool Law School is recruiting a Lecturer who has interests and expertise in any area of IP law broadly defined, including trademarks, copyright, patents, and the evolution of IP Law in the digital age. The European Commission (DG SANTE) has started the evaluation of Regulation (EC) No 2100/94 on Community plant variety rights which is currently open for feedback until 14 March 2025 (midnight Brussels time).
Image courtesy: Seher Moya
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