The IPKat BLOG – Page 106

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Tuesday Tiddlywinks

http://ipkitten.blogspot.com/2022/09/tuesday-tiddlywinks.html The IPKat’s weekly round-up of various IP events, courses and opportunities coming up is here! “cool cat?” by jenny downing is licensed under CC BY 2.0. EVENTS WIPO – Sixth Session of the WIPO Conversation on Intellectual Property and Frontier Technologies – 21-22 September 2022 – hybrid The World Intellectual Property Organization... Continue reading
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Wanjiru v Machakos University: Image rights and its relationship with constitutional/human rights in Kenya

http://ipkitten.blogspot.com/2022/09/wanjiru-v-machakos-university-image.html In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. According to... Continue reading
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What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

http://ipkitten.blogspot.com/2022/09/what-does-cjeu-judgment-in-c-40119-mean.html Estoril, Portugal Earlier this week I had the honour and pleasure of attending the ALAI Congress, which was organized by the Portuguese ALAI group and held in beautiful Estoril. This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the... Continue reading
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Never too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2022/09/never-too-late-if-you-missed-ipkat-last.html The past week on the IPKat has been a mix of different IP issues. Here we go! Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision(Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court... Continue reading
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IP as a political instrument in Russia

http://ipkitten.blogspot.com/2022/09/ip-as-political-instrument-in-russia.html Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark... Continue reading
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AIPPI Congress (Report 2): Ethics in Funding IP Litigation

http://ipkitten.blogspot.com/2022/09/aippi-congress-report-2-ethics-in.html While the AmeriKat was working through amendments to the trades secrets resolution in her capacity of Vice Chair, the panel sessions were steaming ahead. One panel session she was unable to get to was on the Ethics in Funding IP Litigation moderated by Gustavo de Freitas Morais (Managing Partner at... Continue reading
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Book Review: Mechanisms to Enable Follow-On Innovation

http://ipkitten.blogspot.com/2022/09/book-review-mechanisms-to-enable-follow.html This book is a comprehensive monograph, based on Dr. Alina Wernick’s earlier thesis research. Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). The subject is addressed in ten... Continue reading
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Defining a medical device as a product-by-process (T 1869/19)

http://ipkitten.blogspot.com/2022/09/defining-medical-device-as-product-by.html The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a “product-by-process” claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to... Continue reading
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Guest Book Review: IP Accidents

http://ipkitten.blogspot.com/2022/09/guest-book-review-ip-accidents.html The book’s cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property, by Patrick Goold, City Law School, University of London. It is brought to you by Léon Dijkman, a previous contributor to the IPKat. Léon is... Continue reading
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Another shot for Rango (but, incidentally, the “fair use” defence in Italy has been shot too): Rome Appeal Court confirms there is no misappropriation nor infringement of the “Man With No Name” character

http://ipkitten.blogspot.com/2022/09/another-shot-for-rango-but-incidentally.html This blog has already covered the decision of the Rome Court of First Instance concerning a copyright infringement claim concerning a fictional character. The action had been brought by the producers of the movie “For a fistful of dollars” against the producers of the award-winner cartoon movie “Rango”, claiming unlawful use... Continue reading