The IPKat BLOG – Page 119

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Refusal of domestic authorities to enforce copyright breaches human rights, says ECtHR

http://ipkitten.blogspot.com/2022/09/refusal-of-domestic-authorities-to.html Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR)? This is what the European Court... Continue reading
In: The IPKat BLOG

Are cats and tigers alike? EU General Court considers that there is a likelihood of confusion between ‘Tigercat’ and ‘Cat’

http://ipkitten.blogspot.com/2022/09/are-cats-and-tigers-alike-eu-general.html The IPKat is pleased to learn that, at least according to the General Court, Kats are indeed like tigers. In a judgment (Case T-251/21 Tigercat Inc v EUIPO) released earlier this summer, the General Court held indeed that there was a likelihood of confusion, pursuant to Article 8(1)(b) of... Continue reading
In: The IPKat BLOG

Book review: Copyright, Creativity and Big Media

http://ipkitten.blogspot.com/2022/09/book-review-copyright-creativity-and.html This is a book review of ‘Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author’, by Professor Kathy Bowrey, UNSW, Sydney. Bowrey is a legal historian and socio-legal researcher whose research explores laws and practices that inform knowledge creation and the production, distribution and reception of technology and... Continue reading
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Everybody is (finally) kung fu fighting – Bruce Lee related trade mark dispute in China

http://ipkitten.blogspot.com/2022/09/everybody-is-finally-kung-fu-fighting.html Readers may recallthat Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” (“真功夫”) fast-food chain for using Bruce Lee’s image without permission before the Shanghai Second Intermediate Court (上海市第二中級人民法院) back in 2019. Where this Kat is based,... Continue reading
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[Guest post] Ownership of IP rights by DAOs – the future is nigh?

http://ipkitten.blogspot.com/2022/08/guest-post-ownership-of-ip-rights-by.html The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King’s College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here’s what Marianna writes: Ownership of IP rights by DAOs... Continue reading
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New eEQE consultation ends 31 August 2022: Don’t miss the opportunity to have your say!

http://ipkitten.blogspot.com/2022/08/new-eeqe-consultation-ends-31-august.html The EPO and epi have joined forces to propose a radical shake-up of the examinations to become a qualified patent attorney. A consultation on the proposal ends today (31 August 2022) (IPKat). Full details of the proposal, together with the consultation questionnaire can be found here. The questionnaire takes... Continue reading
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Boards of Appeal back rejection of special criteria for the novelty of purity inventions, but the Guidelines remain out of step (T 0043/18)

http://ipkitten.blogspot.com/2022/08/boards-of-appeal-back-rejection-of.html Historically, the EPO has used a higher bar to assess the novelty for purity of compound inventions. A recent decision from the Boards of Appeal has confirmed that this approach contradicts the overarching principles of novelty. The decision in T 0043/18 particularly agreed with the 2018 decision T 1085/13 that novelty can only be... Continue reading
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First preliminary injunction issued by a court in Turkey regarding NFTs

http://ipkitten.blogspot.com/2022/08/first-preliminary-injunction-issued-by.html Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Kat friends Mutlu Yıldırım Köse and Havva Yıldız discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters. Non-Fungible Tokens (NFTs), ranging... Continue reading
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Never too Late: If you missed the IPKat last weeks!

http://ipkitten.blogspot.com/2022/08/never-too-late-if-you-missed-ipkat-last_25.html Summer is not over yet and the IPKat has been pretty busy! In case you missed it, here is an overview of the posts from the last few weeks. “Geisha i hand” by Mikael Moiner is licensed under CC BY 2.0. TRADE MARKS Last July, the Beijing IP Court ruled that the... Continue reading
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Book Review: Once Upon a Time, the Patent

http://ipkitten.blogspot.com/2022/08/book-review-once-upon-time-patent.html This Alicante-based Kat has been enjoying her sea view with a good book in paws: “Once upon a time, the patent” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. I will mention several interesting episodes in this... Continue reading