The IPKat BLOG – Page 120

In: The IPKat BLOG

How far does a footballer’s right to control use of their their image go? Italian Supreme Court weighs on interplay between right to private life and freedom of expression/information

http://ipkitten.blogspot.com/2022/08/how-far-does-footballers-right-to.html Gianni Rivera with his Milan AC jersey in the 1970s In what circumstances and at what conditions is one entitled to use another person’s image without permission? This vexed question, which is at the very core of balancing one’s right to private life with freedom of expression and information,... Continue reading
In: The IPKat BLOG

When you have to move: the trauma of downsizing one’s personal library

http://ipkitten.blogspot.com/2022/08/when-you-have-to-move-trauma-of.html Moving can be among life’s most trying family events. This is especially so when moving means downsizing. This Kat recently endured this trauma, after 35 years living in the same apartment with Mrs. Kat and the (once small, now grown) family Kittens. IP was not spared. Perhaps the most... Continue reading
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UK court considers that rowing machine could be protectable under both UK and EU copyright

http://ipkitten.blogspot.com/2022/08/uk-court-considers-that-rowing-machine.html Would you say that the fitness equipment pictured below – a water resistance rowing machine called WaterRower, originally created between 1985 and 1987 by former professional US rower John Duke and the subject of a now expired US patent – could be protected by copyright? Duke’s WaterRower The answer... Continue reading
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Samsonite fails in getting 3D EU trade mark registration for tablet cases due to lack of distinctiveness

http://ipkitten.blogspot.com/2022/08/samsonite-fails-in-getting-3d-eu-trade.html Kids these days are savvy: being used to iPads and iPhones, just throwing a book into their laps and expecting them to be entertained might not always do the trick. Kids demand a lot from the products they use and love and this also applies to … iPad/tablet cases.... Continue reading
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Iconic Welsh word trade marks surrendered after public backlash

http://ipkitten.blogspot.com/2022/08/iconic-welsh-word-trade-marks.html Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian: “It doesn’t matter that Beyoncé didn’t actually infringe... Continue reading
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Contradictions between the Guidelines and the case law on interlocutory revision – T 682/22

http://ipkitten.blogspot.com/2022/08/contradictions-between-guidelines-and.html A recent decision from the Boards of Appeal considered when a first instance department should reconsider a decision before sending an appeal to the Boards of Appeal (interlocutory revision) (T 682/22). The decision highlights the self-contradictory stipulations in the Guidelines for Examination on interlocutory revision. Parts of the Guidelines also contradict the established... Continue reading
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ViCo oral proceedings: Waiting for the end of the general emergency (T 2791/19)

http://ipkitten.blogspot.com/2022/08/vico-oral-proceedings-waiting-for-end.html According to even the most recent decisions from the Boards of Appeal of the EPO, we are still in a state of general emergency justifying holding oral proceedings by ViCo without the consent of all parties. However, as the heightened threat of COVID-19 slowly diminishes, the Boards’ justifications for... Continue reading
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Kenya Copyright Board on “responsible use of memes”: quasi-judicial powers and balanced perspectives

http://ipkitten.blogspot.com/2022/08/kenya-copyright-board-on-responsible.html Last week, Kenya’s government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. The advisory titled “Advisory on memes and copyright law” was published to inform the public that in its (KECOBO’s) view, memes are adaptations of copyright-protected works and may... Continue reading
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EPO responds to criticism over ST.26 implementation

http://ipkitten.blogspot.com/2022/08/epo-responds-to-criticism-over-st26.html The European Patent Office (EPO) has issued a response to epi’s letter voicing concerns over implementation of the new sequence listing format, ST.26, for patent applications (IPKat). The EPO’s full response has been published by epi and can be read here. Sequence of cats Unsurprisingly, the EPO will not be changing... Continue reading
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UK Government responds to design right consultation and joins WIPO global brands database

http://ipkitten.blogspot.com/2022/08/uk-government-responds-to-design-right.html With Brexit being “behind” us, the UK government is now looking to improve and modernize the protection of intellectual property rights. As a first step, the UK announced that it has joined the Global Brands Database made available by WIPO. The database is (relatively) easy to use and has over... Continue reading