In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/never-too-late-if-you-missed-ipkat-last_28.html Patents A South African decision to recognize an artificial Intelligence system (DABUS) as an inventor was one of most discussed IP news items of the last several weeks [see The IPKat’s posts on the DABUS saga in various jurisdictions here, here, and here]. Our SpecialKat Chijioke Okorie published an... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/towards-national-transpositions-of-dsm.html Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here] into their own national laws. With a few exceptions [see Communia tracker here],... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/book-review-art-and-copyright.html This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law. Alexander teaches regularly on copyright, including as part of the Art, Business and Law LLM at the Centre for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/golden-bunny-iii-no-retroactive.html The Golden Bunny trade mark litigation continues to hop along. Former Guest Kat Peter Ling reports on the recent decision of the German Federal Court of Justice regarding retroactive application of the EU Trade Marks Directive. In addition to being known as a source for great chocolate, Swiss chocolate... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/australian-federal-circuit-finds.html The Australian Federal Circuit has overturned a decision of the Commissioner of Patent to reject a patent term extension (PTE) application based on a third party marketing authorisation ([2021] FCA 643). The Federal Circuit found the consequences of enforcing a strict interpretation of “first authorisation” for the purposes of determining the valid... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/guest-post-skykicks-back-with-bad-faith.html Trade mark-focused IPKat readers are well familiar with the SkyKick legal saga, which also included a reference to the Court of Justice of the European Union [Katposts here]. Recently, the Court of Appeal of England and Wales delivered its own ruling on the matter. Former GuestKat Darren Meale (Simmons... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/general-court-considers-panta-rhei.html In a recent decision, the General Court considered that ‘PANTA RHEI’ was confusingly similar to the earlier EU trade mark ‘PANTA RHEI’. In particular, the General Court found that, on account of the identity of the two signs and despite the low degree of similarity between the goods, the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/around-ip-blogs_19.html Patents SpicyIP discussed the Indian’s Parliament Standing Committee’s recommendations concerning AI and patent protection. These recommendations are part of a Report of the Standing Committee, which recommended revising Indian’s IPR legislation to ‘extract benefits from AI’. The Report accordingly recommends amending Indian patent law, to make AI-generated works and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/thursday-thingies.html This Kat would like to knowwhy you rang As we get towards the end of another working week, it’s time to see what news and events await. Book release PermaKat Eleonora Rosati’s article-by-article commentary to the DSM Directive 2019/790 has just been released. The book, which contains a foreword... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/08/not-yet-tired-of-linking-and-copyright.html Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst, C-392/19, an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see... Continue reading
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