The IPKat BLOG – Page 10

In: The IPKat BLOG

Can you photograph a copyright-protected wallpaper without the right holder’s explicit consent? Yes, says the German Supreme Court

http://ipkitten.blogspot.com/2024/10/can-you-photograph-copyright-protected.html If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German... Continue reading
In: The IPKat BLOG

[Guest post] Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Competition Authority

http://ipkitten.blogspot.com/2024/10/guest-post-flat-rates-supported-by.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Lucius Klobučník (Aston University) on a recent decision of the Spanish Competition Authority regarding the compatibility of certain rates charged by collective management organizations (CMOs) with the prohibition of abuses of dominant position. Here’s... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_14.html If you were too busy to keep up with the IPKat last week, then join this Kat in catching up on some IP news! Patents Gif by Riana Harvey Katfriend Federico Caruso (SIB LEX) discussed a recent ruling by the Munich Local Division of the Unified Patent Court in... Continue reading
In: The IPKat BLOG

Friday Fantasies

http://ipkitten.blogspot.com/2024/10/friday-fantasies.html Getting ready for a little weekend getaway Another working week is approaching its end. Before logging off for the weekend, take however a look at the usual pot-pourri of Kat-news below and, as always, do not forget to check our regularly updated Events page! Events 4iP Council Webinar –... Continue reading
In: The IPKat BLOG

[Book Review] The Routledge Companion to Copyright and Creativity in the 21st Century

http://ipkitten.blogspot.com/2024/10/book-review-routledge-companion-to.html This is a review of The Routledge Companion to Copyright and Creativity in the 21st Century, edited by Michelle Bogre (Parsons School of Design at The New School) and Nancy Wolff (Cowan, DeBaets, Abrahams and Sheppard, LLP). The book aims to assess whether the current US copyright system is... Continue reading
In: The IPKat BLOG

[Guest Post] UPC Munich Local Division rules that advertising products under the same name creates a risk of patent infringement

http://ipkitten.blogspot.com/2024/10/guest-post-upc-munich-local-division.html The Unified Patent Court (UPC) has again faced several questions about the granting of provisional measures. In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer’s marketing of a product within the Contracting Member States under the... Continue reading
In: The IPKat BLOG

Tuesday Tiddlywinks

http://ipkitten.blogspot.com/2024/10/tuesday-tiddlywinks.html Kat-gathering Autumn is in full swing in the Northern hemisphere and so are activities, events, and developments in the IP field. Take a look below for the latest news! Also: don’t forget to check our Events page on a regular basis, including to register to attend our own webinar... Continue reading
In: The IPKat BLOG

Colour combination position trade mark not distinctive

http://ipkitten.blogspot.com/2024/10/colour-combination-position-trade-mark.html The consistent case law of the EU courts on the inherent distinctiveness of colour marks is very restrictive and currently challenged by INTA, MARQUES and OMV in appeal proceedings before the General Court (IPKat here). This court confirmed the restrictive approach lately in a decision concerning four colour combination... Continue reading
In: The IPKat BLOG

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

http://ipkitten.blogspot.com/2024/10/the-german-laion-decision-problematic.html IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_7.html If the cozy feeling of Autumn got you away, here is the summary of the previous week on The IPKat. IP opportunities, events, and news A Kat feeling cozy Eleonora Rosati announced the upcoming IPKat webinar on image rights in the age of AI. If you wonder how to... Continue reading