The IPKat BLOG – Page 149

In: The IPKat BLOG

[Guest post] Est “modus” in rebus – Italian Supreme Court says no automatic award of a reasonable royalty following trade mark infringement

http://ipkitten.blogspot.com/2021/11/guest-post-est-modus-in-rebus-italian.html Katfriend Gabriele Girardello (Pavia Ansaldo) reports on a recent decision of the Italian Supreme Court concerning damage calculation in cases of trade mark infringement. Here’s what Gabriele writes: Est “modus” in rebus – Italian Supreme Court says no automatic award of a reasonable royalty following trade mark infringement by... Continue reading
In: The IPKat BLOG

Van Doren Lifestyle revisited: the reversal of the burden of proof due to market partitioning

http://ipkitten.blogspot.com/2021/11/van-doren-lifestyle-revisited-reversal.html Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. In the context of European trade, proving trade mark exhaustion (within the meaning of article 15 of the Trade Mark Directive) can be challenging. On the basis of the... Continue reading
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Belarus files two Belarusian PGIs for protection in the EU, but with a wrinkle

http://ipkitten.blogspot.com/2021/11/belarus-files-two-belarusian-pgis-for.html Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following. This Kat got nostalgic Belarus has recently applied... Continue reading
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Tuesday Wonders

http://ipkitten.blogspot.com/2021/11/tuesday-wonders.html New InterKat Speaking of Tuesday Wonders, Merpel and the rest of the Kats are delighted to welcome Giorgio Luceri, as a new InternKat for the next six months. Giorgio is currently working as a trainee at Noerr in Alicante (Spain) in the Intellectual Property and Media Department. ... Continue reading
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Patenting Antibodies: The epitope claim is dead, long live the epitope claim

http://ipkitten.blogspot.com/2021/11/patenting-antibodies-epitope-claim-is.html Antibodies may be defined in a patent claim by their amino acid sequence or by the sequence of the target (epitope) to which the antibody binds. Historically, epitope claims were relatively common in the field of antibody patents, as they represented a way of broadly protecting any antibody that... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/11/around-ip-blogs.html As good Kats, we are always paying attention to our surroundings. Come with this Kat for a stroll around this week’s posts from IP blogs. Copyright A Kat walking and enjoying its freedom. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken... Continue reading
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Whittaker’s forced to gin and bear it as the UK IPO throws out its opposition for lack of relevant evidence

http://ipkitten.blogspot.com/2021/11/whittakers-forced-to-gin-and-bear-it-as.html Kat friend Becky Knott reports on a decision by the UK IPO that reminds us of the famous observation by former US President Bill Clinton, “It’s the evidence, stupid.” As a fan of gin, this guest Kat could not help but notice a recent decision of the UK IPO... Continue reading
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Why developing countries are woefully short of tobacco harm reduction patent protection

http://ipkitten.blogspot.com/2021/11/why-developing-countries-are-woefully.html Kat friend Roya Ghafele offers a challenging analysis of why (the lack of) IP protection for harm reduction technologies is contributing to the rise of smoking in the developing world. Though global public health governance has taken strides against smoking in recent years, the epidemic persists, and nearly 8... Continue reading
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Basmati rice’s EU trade mark application raises questions about Brexit and oppositions on the basis of UK law

http://ipkitten.blogspot.com/2021/11/basmati-rices-eu-trade-mark-application.html A few weeks back, this Kat wrote an article about a case which relied on the UK law of passing off in a UK trade mark infringement claim. This time, we have a look at a case which relied on UK passing off to oppose an EU trade mark... Continue reading
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[Guest post] IP entering the Metaverse

http://ipkitten.blogspot.com/2021/11/guest-post-ip-entering-metaverse.html The IPKat is delighted to host the following guest post by Katfriend Nick Kempton (Osborne Clarke) on videogames, IP, and the .. metaverse. Here’s what Nick writes: IP entering the Metaverse by Nick Kempton Fortnite’s own Kat By now most will have heard of the ‘metaverse’. Announcements such as... Continue reading