In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/gold-standard-test-for-novelty-reigns.html The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/guest-book-review-tritton-on.html This book review is brought to you by Rosie Burbidge, London based IP partner at Gunnercooke. Find out more about Rosie here. Tritton on Intellectual Property in Europe is now in its Sixth Edition. This weighty tome from Sweet & Maxwell is edited by Richard Davis, Thomas St Quintin... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/guest-post-no-small-feat-converse-wins.html The IPKat has received and is pleased to host a new contribution by former GuestKat Jan Jacobi. Here’s what Jan writes: No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion by Jan Jacobi As explained in an earlier blog, proving trade mark exhaustion (within the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/another-case-of-catastrophic-comma-loss.html The Board of Appeal in the recent decision T 1473/19 revoked a patent for added matter following a normal interpretation of the claims that lacked basis in the description. The discrepancy between the meaning of the claims and the description was the result of a loss of commas delineating a crucial sub-clause... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/sunday-surprises.html Attending a conference is also a Kat-affair Another week has passed and here are the latest opportunities and events to find out about. Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/slogan-automatically-protected-as-trade.html The registrability of slogans as trade marks was examined not too long ago by the First Board of Appeal the EUIPO. By its decision in Case R 664/2022-1 the Board of Appeal refused the application for the registration of the slogan “TAKE FIVE” (reported by the IPKat here). More... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/puma-or-rolex-which-is-more-famous.html A challenging question, isn’t it? As different as these brands may be, both are certainly well-known among the general public. While Puma’s sportswear is more present in the everyday life of consumers, Rolex watches enjoy a more luxurious aura. So one could argue that both trade marks should have... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/never-too-late-if-you-missed-ipkat-last.html Two weeks into the new year and our Kats have already discussed a number of different topics. What moral rightslooked like in the 12th century—the story of “Guide of the Perplexed” Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/book-review-intellectual-property.html This Kat is happy to share with our readers her review of “Intellectual Property Objectives in International Investment Agreements”, authored by Pratyush Nath Upreti (Edward Elgar Publishing, 2022, 284 pp.). The book addresses a pressing issue at the intersection of intellectual property (IP) and investment law: how shall IP... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/how-far-one-must-go-to-obtain-website.html Several years after the Court of Justice of the European Union (CJEU) held in Telekabel [here] that website blocking orders under Art. 8(3) of Directive 2001/29/EC against internet service providers (ISPs) are compatible with EU law, various courts in current (and former) EU Member States granted such orders, e.g.... Continue reading
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