The IPKat BLOG – Page 158

In: The IPKat BLOG

Board of Appeal upholds the principle of “any person” opposition in view of the broader public good (T 1839/18)

http://ipkitten.blogspot.com/2021/05/board-of-appeal-upholds-principle-of.html In contrast to litigation proceedings in national courts, an opposition may be filed against a European patent in the name of a so-called straw man, behind which the identity of the interested party may be hidden. In a recent Board of Appeal case (T 1839/18), a patentee questioned whether... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2021/05/around-ip-blogs_9.html Copyright The SpicyIP Blog published a guest post concerning copyright protection of musical fountains under the Chinese legislation. The post analyses the approach taken by at least on court in China (the report does not specify the court) regarding dynamic artworks and then compares it with Indian copyright law.... Continue reading
In: The IPKat BLOG

Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/05/never-too-late-if-you-missed-ipkat-last_9.html This Kat’s gift to all the Kat moms is an opportunity to not miss anything that the Kats have reported on… Time to catch up on the IPKat! PATENTS In UK patent law, the mere potential for prior public use to have been observed can deprive an invention... Continue reading
In: The IPKat BLOG

Can Amazon be directly liable for trade mark infringement? A new CJEU referral

http://ipkitten.blogspot.com/2021/05/can-amazon-be-directly-liable-for-trade.html Is it a trade mark infringement to, e.g., advertise, offer, stock and ship goods carrying a sign identical or similar to a registered sign? The answer is not a difficult one to provide: Articles 10 TMD and 9 EUTMR clearly indicate that these activities amount to prima facie infringement.... Continue reading
In: The IPKat BLOG

Guest Book Review: Copyright in the Music Industry

http://ipkitten.blogspot.com/2021/05/guest-book-review-copyright-in-music.html Readers may know that this Kat enjoys writing about copyright and music from her postings, and during the first lockdown she penned a book on the topic, titled Copyright in the Music Industry: A Practical Guide to Exploiting and Enforcing Rights. Dr Sabine Jacques is Associate Professor in IP, IT &... Continue reading
In: The IPKat BLOG

[Guest post] How to reconcile sustainability and eradication of counterfeit goods in the fashion industry?

http://ipkitten.blogspot.com/2021/05/guest-post-how-to-reconcile.html While fashion brands and retailers are committing to sustainability standards with increasing strength, the environmental and social impact of counterfeit goods is being neglected. This is particularly striking, giving that the range of such products is widening and the urgency to effectively manage the storage and disposal of fake... Continue reading
In: The IPKat BLOG

Trade secrets in the wild (Part 2): The reporting problem

http://ipkitten.blogspot.com/2021/05/trade-secrets-in-wild-part-2-reporting.html In Part I, former Katonomist, Dr. Nicola Searle, looked at the challenges to investment in cybersecurity, here. She now considers how you can legislate when you can’t see the forest or the trees? Trade secrets are secret. While innovation policies have happily expanded and harmonised the protection of trade... Continue reading
In: The IPKat BLOG

EU General Court says that ‘heartfulness’ for meditation cannot be registered as an EU trade mark

http://ipkitten.blogspot.com/2021/04/eu-general-court-says-that-heartfulness.html In an mindful (given the topic!) decision from earlier this year, the General Court considered that the word ‘heartfulness’ conveys the meaning of a particular relaxation and meditation technique and therefore does not perform its essential function as an indicator of commercial origin for meditation-related goods and services. The... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2021/05/around-ip-blogs.html Bring that news to me Let’s have a look at the newest news on the blogs… Patents The U.S. Supreme Court heard oral arguments on 21 April 2021 in the pending assignor estoppel case of Minerva Surgical Inc. v. Hologic Inc. The basic idea is that an inventor... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2021/05/sunday-surprises.html Events On May 4, Global Digital Encounters will hold its 12th event, “The Race for the Vaccine: From Invention to Effective Vaccination – IP as a Tool or as a Toll?”. Speakers from Europe, Israel, and North America will discuss how, in light of the COVID-crisis and IP-related issues... Continue reading