The IPKat BLOG – Page 101

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Conference report: Intellectual Property & Sustainability

http://ipkitten.blogspot.com/2023/02/conference-report-intellectual-property.html The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “Intellectual Property & Sustainability”. The conference was organized (in hybrid format) in partnership with the Swiss Federal Institute of Intellectual Property (IPI) with the support of AIPPI and constituted the 2023 edition of... Continue reading
In: The IPKat BLOG

A design for heated socks is not necessarily functional, says EUIPO BoA

http://ipkitten.blogspot.com/2023/02/a-design-for-heated-socks-is-not.html In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3). The case featured various central issues in EU design law: from what a must-fit design is, through... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/02/sunday-surprises.html Here are the latest opportunities and events to find out about. A Kat in the Metaverse Events 28 February 2023: “Shaking the Good Old IP Kit: The Metaverse” Fide and TIPSA (Transatlantic Intellectual Property Academy) will present the 25th Global Digital Encounter on 28 February 2023. The topic of... Continue reading
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Long walk to copyright reform (Pt 5B): Contents and process: The Blind SA decision and the Constitutional Court

http://ipkitten.blogspot.com/2023/02/long-walk-to-copyright-reform-pt-5b.html This is the promised second part of the post reviewing the South African MPs’ opposition to the Copyright Amendment Bill (CAB). As stated in the first part, “[g]iven that the key concerns against the CAB was that if passed, it may end up before the ConCourt, it appears the... Continue reading
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Plausibility demystified – a review of EPO case law before G 2/21

http://ipkitten.blogspot.com/2023/02/plausibility-demystified-review-of-epo.html The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. In its preliminary opinion for G 2/21, the Enlarged Board of Appeal (EBA) raised some eyebrows by appearing to reference the standard test for sufficiency (IPKat).... Continue reading
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Long walk to copyright reform #5A: The Constitutional Court of South Africa has joined the walk?

http://ipkitten.blogspot.com/2023/02/long-walk-to-copyright-reform-5a.html Earlier this week, South Africa’s National Council of Provinces (NCOP) began the first set of public hearings on the Copyright Amendment Bill (CAB). Readers would recall that last year (2022) in September, a motion was moved and adopted in South Africa’s Parliament to support the adoption of the Copyright... Continue reading
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[Guest post] Retromark Volume XII: the last six months in trade marks

http://ipkitten.blogspot.com/2023/02/guest-post-retromark-volume-xii-last.html Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months: Retromark Volume XII: the last six months in trade marks by Darren Meale Volume XII has taken a little longer than usual to pull... Continue reading
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Vodafone loses its appeal in patent case: unjust, or simply inevitable?

http://ipkitten.blogspot.com/2023/02/vodafone-loses-its-appeal-in-patent.html In a rare turn of legal decision-making, Vodafone has paid almost £1 million in costs for infringing a patent since revoked by the European Patent Office (EPO) – a state of affairs that the Court of Appeal says it cannot overturn. Is this injustice or the inevitable result of... Continue reading
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Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

http://ipkitten.blogspot.com/2023/02/supreme-court-of-china-casted-punitive.html In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. On the contrary: it has embraced them as a useful tool. In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code... Continue reading
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Never too late: in case you missed the IPKat last week

http://ipkitten.blogspot.com/2023/02/never-too-late-in-case-you-missed-ipkat.html This Kat hopes you have had a wonderful week. Here’s what you missed from the IPKat last week: Copyright Chiara Gallo reported on the happenings at this year’s edition of the Sanremo Music Festival, and discussed how Italian copyright and criminal law protect street art. Geographical indications Anastasiia Kyrylenko analysed... Continue reading