http://ipkitten.blogspot.com/2024/06/never-too-late-if-you-missed-ipkat-last_10.html
If you’ve been too busy enjoying the warmer weather, here’s the summary of the IP news you missed this week:
Trade Marks and GIs
| A Kat enjoying the outdoors. Image from Pixabay. |
Anna Maria Stein discussed the recent ruling from the Italian Supreme Court in which the owners of the protected geographical indication (GI) “Aceto Balsamico di Modena” (Balsamic Vinegar of Modena) unsuccessfully sought an injunction against another vinegar producer. The Supreme Court affirmed that there was no evocation, since GI protection does not extend to the exclusive use of individual non-geographical terms such as “vinegar”, “balsamic” or “balsamic vinegar”.
Marcel Pemsel analysed the decision of the German Patent Court, which refused the registration of a trade mark that comprised a well-known photograph named ‘Sprung in die Freiheit’ (‘Leap into freedom’), showing a young border policeman jumping over a barbed wire fence to escape from East Berlin to West Berlin in 1961. The Court held that the sign lacked distinctiveness, as the photo and its origin are known to the average consumer in Germany and would not be perceived as an indication of commercial origin.
Anna Maria Stein evaluated the EUIPO Board of Appeal decision to refuse Kurt Geiger Limited’s application to register a 3D trade mark for jewellery constituted by the representation of a bejewelled eagle head. The shape would not be perceived as a badge of origin since it does not deviate significantly from industry norms, and therefore lacked distinctiveness.
Patents and Trade Secrets
Antonios Baris reviewed the book, Cross-Border Trade Secret Disputes in the European Union – Jurisdiction and Applicable Law, by Lydia Lundstedt (Stockholm University). The book examines the opaque relations between private international law and the EU Trade Secrets Directive in the context of transnational enforcement of trade secrets, ultimately proposing solutions that align with the directive’s objectives.
Eleonora Rosati informed readers about the upcoming Life Science Strategy Summit on IP & Exclusivity, which will take place in Munich, Germany, from 8-10 October 2024. The event will involve practical discussion on the protection of pharmaceutical drugs based on patent and regulatory exclusivities. IPKat readers are entitled to a 15% discount in the registration fee using VIP code IPKAT_SM at checkout. You can find the agenda and registration here.
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