The IPKat BLOG – Page 117

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Keeping up with Belgian patent litigation: Year case law review 2021

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
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Are “intended use” and “normal use” the same in EU design law? Court of Justice to interpret in case C-472/21

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
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The General Court of the EU confirms that advertisements and offers for sale constitute acts of use of a EU trade mark

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
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Many ways to skin a cat (Pt 2): South Africa’s Constitutional Court upholds the declaration on the unconstitutionality of parts of the Copyright Act

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
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AIPPI Congress (Report 3): Soft IP update, wine & IP and the metaverse

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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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