In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/what-are-public-policy-and-accepted.html According to Art. 9 of Design Regulation (EC) No 6/2002, a design right shall not subsist in a design that is contrary to public policy or to accepted principles of morality. An equivalent provision is also included in Design Directive 98/71/EC. While there is a vast jurisprudence on the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/ipkat-launch-repository-of-non-english.html It is finally up and running! In March 2022, PermaKat Neil Wilkof announced an IPKat initiative to create a repository of non-English IP titles for Kat readers. The idea was to make it easier to identify IP publications in languages other than English. In so doing, this envisaged... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/euipo-board-of-appeal-holds-iconic.html Carrie Bradshaw with the legendary Dior Saddle If you were to indicate a handbag whose shape departs significantly from what is usual in this fashion segment, what would come to your mind? I, for once, would have little doubt and point to the shape of the iconic Dior Saddle... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/euipo-on-trade-marks-and-designs-in.html Over the past few years, there has been an increased interest in the metaverse (see IPKat posts here) and NFTs, non-fungible tokens (see IPKat posts here). From a trade mark perspective, the appropriate classification of goods and services has also been in the spotlight. In this sense, the European... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/spill-tea-drastically-tea-trade-mark.html Article 10(8) of the PRC Trade Mark Law (2019 Amendment) concerns one of the absolute grounds for refusal/invalidity. It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. The meaning of ‘adverse effect’ is not self-explanatory, rendering... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/keeping-up-with-belgian-patent.html The winds of a busy Belgian courtterm blows through the IPKat’swild ancestor’s mane(c) Christopher Stothers ‘Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/are-intended-use-and-normal-use-same-in.html The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21). While the notion is itself tricky, the case also has a linguistic twist – the term has different translations in different versions... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/the-general-court-of-eu-confirms-that.html In July, the General Court ruled in Case T-768/20 (Standard International Management LLC v EUIPO) on the importance of distinguishing between the place where hotel and ancillary services are offered and the specific place of use of the mark when assessing genuine use of EU trade marks. According to the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/many-ways-to-skin-cat-pt-2-south.html As IPKat readers may recall, the BlindSA’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court. As this Kat reported here, a High Court in Gauteng Division in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/aippi-congress-report-3-soft-ip-update.html A view of the SF sky that many Congress attendees did not seeduring the panel sessions While the AmeriKat was busy with voting machines and preparing the final draft of the trade secrets resolution, Katfried Hans Eriksson (Partner, Westerberg & Partners in Sweden) was busily attending and taking notes for... Continue reading
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