In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/caffeine-headache-for-monster-as.html Kat friend, Becky Knott, reports on an interesting decision by the General Court that is notable for the degree to which the court analysed the properties of the relevant goods in determining trade mark non-use. Following the latest trade mark judgment between Monster Energy Co. and Frito-Lay Trading Company... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/guest-book-review-exceptions-in-eu.html This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. As copyright has risen in ubiquity... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/functional-designs-in-eu-law-post.html While awaiting for the new EU Design Directive (expected in 2022), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. Is this ribbon functional or aesthetic? Under art. 7 (1) of Directive 98/71/EC (and equivalent art. 8(1) of Regulation 6/2002), “a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/never-too-late-if-you-missed-ipkat-last_19.html As we are halfway through December, it’s never too late to look back at last week’s activities on the blog! TRADE MARKSWhen it comes to trade mark disputes, Italian football club AC Milan recently lost a match against German company InterES (and yes, the company name is not intentional).... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/africa-ip-highlights-3-patents-and.html This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. The first 2 posts covered copyright and trade marks. As previously stated, the series is the result of collaboration between... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/africa-ip-highlights-2-trademarks-arena.html Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2021 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Caroline Wanjiru Muchiri (Centre for IP and IT Law, Strathmore University, Kenya); Ekene Chuks-Okeke (Banwo & Ighodalo,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/general-court-no-absolute-protection.html Kat friend Jan Jacobi reports on a consequential decision by the General Court on official symbols. Official symbols are generally protected under articles 7(1)(h) and 7(1)(i) EUTMR. Article 7(1)(h) applies to symbols that are registered with and listed by WIPO, such as flags, state emblems and hallmarks. Article 7(1)(i)... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/africa-ip-highlights-2021-1-copyright.html It’s December and time for what is now an annual ritual for this Africa Correspondent – The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/opinion-can-ai-system-be-inventor.html The AmeriKat braces for the takeover of the machines….or more likely not… There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Kat friends Professor Kelvin FK Low (National University of Singapore), Professor Wai Yee Wan (City University of Hong Kong)... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/12/t-25420-who-owns-soviet-brands.html In October 2021, the General Court (GC) issued the ruling in T-254/20, Roshen v EUIPO, which drew the attention of this Ukrainian Kat. Louis-Michel enjoys researching Soviet brands The dispute arose when “Krasny Oktyabr”, a Russian confectionary company, registered an EU trade mark (EUTM) in Class 30 for a... Continue reading
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