• When a commonly used trade name is at issue, it matters whether it is an oyster or a lobster

    http://ipkitten.blogspot.com/2021/11/when-commonly-used-trade-name-is-at.html Kat friends Chia Ling Koh and Zhen Kai Giam report on TMRG Pte Ltd and another v Caerus Holding Pte Ltd and another [2021] SGHC 163. Here, the Singapore High Court gave guidance on how trademark infringement claims by businesses using common trade names would be decided, and evaluated... Continue reading

     
  • EBA decision in G1/21 (ViCo): “In-person proceedings should be the default”

    http://ipkitten.blogspot.com/2021/11/eba-decision-in-g121-vico-in-person.html The written decision of the Enlarged Board of Appeal (EBA) in G1/21 on the legality of video conferencing oral proceedings has been released. As previously reported, the EBA chose not to explicitly answer the referred question of the broader legality of mandatory ViCo oral proceedings. The EBA instead limited... Continue reading

     
  • It’s a hard rock life for UNIVERS as the EU General Court upholds a finding of bad faith

    http://ipkitten.blogspot.com/2021/11/its-hard-rock-life-for-univers-as-eu.html Judgments from the EU on bad faith in trademarks keep on coming. Kat friend Becky Knott reports on one of the latest, which is of particular interest. Bad faith is the ground du jour in the EU due to the SkyKick saga, which recently held that Sky did not... Continue reading

     
  • Are diagnostic methods patentable?

    http://ipkitten.blogspot.com/2021/11/are-diagnostic-methods-patentable.html Whilst patenting a diagnostic method in the US remains challenging following the infamous decision in Mayo, other jurisdictions have, by contrast, recently confirmed their willingness to recognise the patentability of diagnostic inventions. Across the border in Canada, the Patent Appeal Board recently confirmed that a diagnostic method could be patented provided the... Continue reading

     
  • Regulating AI; A work in progress…

    http://ipkitten.blogspot.com/2021/11/regulating-ai-work-in-progress.html The European Commission was the first to address AI-related challenges and present a complete and concrete plan for the future, in its proposal for a draft Artificial Intelligence Regulation (the “EU AI Regulation”), published on April 21, 2021 (read here). The EU AI Regulation provides a detailed regulation, having... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2021/10/sunday-surprises.html Between spooky skeletons and sleigh bells ringing, there are new IP events and conferences coming up in early November. Here comes this week’s miscellany roundup.  This Kat was caught listening to Christmas songs before Halloween is over Conferences Intellectual Property, Covid-19, and the Next Pandemic: Diagnosing Problems, Developing Cures... Continue reading

     
  • [Guest post] Closing the patent loophole across borders

    http://ipkitten.blogspot.com/2021/10/guest-post-closing-patent-loophole.html Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. When an infringing act becomes “divided” across borders in this way,... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2021/10/around-ip-blogs_31.html One Katnews leads to another, especially if IP-related.  Let’s see what happening in the IP blogosphere this week:- Trade Marks   Online trade channels have become a substantial aspect of many brand owners’ business.  As part II of its ongoing series relating to online sale controls and enforcement strategies,... Continue reading

     
  • Joining forces to help end the global book famine: China ratifies the Marrakesh Treaty

    http://ipkitten.blogspot.com/2021/10/joining-forces-to-help-end-global-book.html On 23 October 2021, the standing committee of the National People’s Congress, China’s top legislature, ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (hereinafter referred to as ‘the Marrakesh Treaty’). China signed this treaty as one... Continue reading

     
  • AI and IP: UK IPO Consultation on copyright and patents

    http://ipkitten.blogspot.com/2021/10/aiand-ip-uk-ipo-consultation-on.html Readers may remember from the IPKat in conversation with Tim Moss, CEO of the UK Intellectual Property Office (IPO) that the IPO is continuing their consideration of artificial intelligence (AI) and intellectual property, which launched last year with a call for views and Government Response on AI and IP. ... Continue reading