The IPKat BLOG – Page 112

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EPO President puts ViCo in opposition and examination on a permanent footing

http://ipkitten.blogspot.com/2022/11/epo-president-puts-vico-in-opposition.html The EPO has announced the EPO President’s decision to make ViCo the default format for all opposition and examining oral proceedings from 1 January 2023. The President’s Decision precedes the end of the ViCo pilot program at the end of this year and puts the use of ViCo at first instance... Continue reading
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General Court reminds that in invalidity proceedings EUIPO Boards of Appeal can only review arguments submitted by parties (failing to do so also breaches EU Charter of Fundamental Rights)

http://ipkitten.blogspot.com/2022/11/general-court-reminds-that-in.html In contrast to proceedings related to relative grounds for refusal, invalidity proceedings are different in that the examination by the Cancellation Division and the EUIPO Boards of Appeal are limited to the grounds and arguments submitted by the parties (Article 95 (1) of Regulation 2017/1001 (EUTMR)). The now said... Continue reading
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[Survey] Have you been able to access the UPC’s Case Management System via strong authentication?

http://ipkitten.blogspot.com/2022/11/survey-have-you-been-able-to-access.html The IPKat falling asleep at the word“authentication procedure”…. The Unified Patent Court has been a long time coming. So long that one might have thought every possible niggle may have been resolved. But like many lawyers, it takes an impending deadline to identify issues that need to be solved. ... Continue reading
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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

http://ipkitten.blogspot.com/2022/11/guest-post-can-owner-of-artistic-work.html A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the... Continue reading
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[Guest post] AG Rantos: existence of IP right does not need to be proven for action to obtain information under Article 8 Enforcement Directive

http://ipkitten.blogspot.com/2022/11/guest-post-ag-rantos-existence-of-ip.html The IPKat is pleased to host the following post by former GuestKat Jan Jacobi, analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement... Continue reading
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Is use of a sign in commerce in a different form from how it was registered genuine use of that trade mark?

http://ipkitten.blogspot.com/2022/11/is-use-of-sign-in-commerce-in-different.html Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in a judgment (Case T-273/21) from October this year, the General Court found that use of a three-dimensional EUTM with additional figurative and word elements to how such sign was register did not alter the distinctive... Continue reading
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IP and TV series: Netflix’s ‘The Playlist’ shows the rise of Spotify, which turned music piracy into licensed streaming

http://ipkitten.blogspot.com/2022/11/ip-and-tv-series-netflixs-playlist.html There was a time when the biggest concern of artists struggling with the machinations of the music industry was “just” the impossibility of being creatively free. When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, “When I first started out in the... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2022/11/saturday-sundries.html Meow! December is just around the corner – and with it a few reminders, opportunities, and events for you to check out! “African Caracal” by jurvetson is licensed under CC BY 2.0. REMINDERS 21 November 2022 | IFIM-Stockholm University | “Overview and discussion of some of the most notable decisions of the... Continue reading
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On repatriation: Questions of copyright ownership and management of repatriated cultural heritage materials

http://ipkitten.blogspot.com/2022/11/on-repatriation-questions-of-copyright.html In July 2022, the Governments of Nigeria and Germany executed a Joint Declaration regarding the repatriation to Nigeria of ancient Benin bronzes looted during the colonial era. This Declaration constituted part of the efforts by the Nigerian Government to engage foreign governments for the repatriation of various cultural heritage... Continue reading
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Burden of proof for inventive step based on an unusual parameter (T 0555/18)

http://ipkitten.blogspot.com/2022/11/burden-of-proof-for-inventive-step.html The recent decision T 0555/18 from the EPO Boards of Appeal considered the burden of proof for unusual parameters relied on for inventive step. The patent in question (EP2117839) related to shrink wrap for use in food packaging. On appeal, the Opponent argued that the patent lacked inventive step. The only... Continue reading