The IPKat BLOG – Page 114

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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
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Latest EPO user survey on ViCo oral proceedings

http://ipkitten.blogspot.com/2022/11/latest-epo-user-survey-on-vico-oral.html The EPO has released the results of the most recent user survey on ViCo oral proceedings. Both supporters and critics of ViCo oral proceedings will find support for their view in the report. The EPO itself concludes that ViCo has been a huge success and is welcomed and supported by... Continue reading
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EPO report reveals female representation is increasing among named inventors – but remains low

http://ipkitten.blogspot.com/2022/11/epo-report-reveals-female.html This Kat is looking out for femaleinventors Gender balance in the European intellectual property profession is a topic of much comment, with the EPO’s recent publication of a study on female representation among inventors adding some interesting figures to the discussion. While the headline figure that 13.2% of inventors... Continue reading
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Dior against adult film star Gigi Dior’s trade mark application for her own stage name

http://ipkitten.blogspot.com/2022/11/dior-against-adult-film-star-gigi-diors.html This Kat, while still junior in his professional path, has a growing interest in luxury brands (Merpel says, just you wait…) and this “saucy” trade mark story on Page Sixkept him amused for the day. According to Page Six, “Porn star Gigi Dior – known for adult movies... Continue reading
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The current uncertainty over duration of patent rights in Ukraine

http://ipkitten.blogspot.com/2022/11/the-current-uncertainty-over-duration.html In early March 2022, the Ukrainian IP Office (which, in addition to war, is undergoing an institutional reform) issued a notice, informing the parties that the Office’s activities were not interrupted by war. It also informed applicants who reside or are domiciled in Ukraine that they could rely on... Continue reading