In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/to-be-or-not-to-be-pattern-mark-that-is.html With apologies to Hamlet–when is a mark a pattern mark? Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. To be a pattern mark: EUIPO v. Birkenstock Birkenstock is the proprietor of a national German mark (see... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/transposing-dsm-directive-draft-swedish.html While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/sunday-surprises.html November is here, autumn is in full gear and so is this issue of Sunday Surprises with new IP events and new opportunities. Events This Kat is always amazed by the colours of the leaves in autumn. 4iP Council – Licensing Negotiation Groups: what, why, how 4iP will hold... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/cjeu-confirms-that-partial-designs-may.html The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/italy-has-transposed-dsm-directive.html Merpel celebrated Halloween in Florence Together with Spain [Katpost here], this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal (Gazzetta Ufficiale). During the summer,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/guest-post-subtle-line-between.html Under EU trade mark law, trade marks with a reputation are entitled to enhanced protection. But what about ‘historical’ trade marks? Let’s find out more with this analysis by Katfriend Federica Pezza (Hogan Lovells), who looks at how the latter are protected under Italian law in the aftermath of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/guest-post-at-last-spain-transposes-dsm.html Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. This week it was the turn of Italy (more on that over the weekend) and Spain. Katfriend Miquel Pequera Poch (Universitat Oberta de Catalunya) analyzes the Spanish transposition... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/never-too-late-if-you-missed-ipkat-last.html Hope all of you Katfriends have had a happy Halloween! Now that everyone is no longer trapped in a haunted house, the Kats are here to give you an update from around the IP world. Trade Marks GuestKat Riana Harvey discussed a recent decision from the English Intellectual Property... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/book-review-future-of-intellectual.html This is a book review of The Future of Intellectual Property, edited by Daniel J. Gervais, Milton R. Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/11/uk-ipos-first-ai-powered-tool-for-trade.html As Tim Moss (CEO of the UK IPO) mentioned in his interview with the IPKat, one of the exciting opportunities for the future of artificial intelligence (AI) and intellectual property is using AI to improve the process of applying for IP, such as the their trade mark pre-apply service.... Continue reading
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