The IPKat BLOG – Page 163

In: The IPKat BLOG

EU General Court considers bad faith claim in scenario of parties’ earlier cooperation

http://ipkitten.blogspot.com/2021/08/eu-general-court-considers-bad-faith.html Bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation (EUTMR), presupposes the presence of a dishonest state of mind or intention (Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO (C‑104/18 P)). In an interesting decision from June this year, the General Court considered that, even if... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2021/08/sunday-surprises.html This Kat is looking out for IP events As the weekend draws to a close, there’s no better time to look ahead to new IP-related events and opportunities. Events BIICL (British Institute of International and Comparative Law) is running two upcoming short courses on IP-related topics: Copyright and Data,... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2021/08/around-ip-blogs.html This Kat is just back from a jauntaround the IP blogs While the summer pause is in full swing, the IP blogosphere continues to provide its insights. Copyright Dr Elena Cooper of CREATe (University of Glasgow) considered what might be revealed about copyright history from the story one of... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/08/never-too-late-if-you-missed-ipkat-last.html Patent GuestKat Léon Dijkman published his farewell post, concerning amendments to German Patent Law. Said amendments limit the patentee’s entitlement to an injunction in infringement proceedings. Léon believes that this amendment is important not only for Germany, but for the likelihood that other European jurisdictions may now follow. In... Continue reading
In: The IPKat BLOG

Does the sign “eat clan people” carry an association with cannibalism and thus produce an “adverse effect”?

http://ipkitten.blogspot.com/2021/08/does-sign-eat-clan-people-carry.html On 29 November 2017, an individual named Seng Lei (‘Seng’) filed an application (No. 27792495) in class 30 for food products to the Trade Mark Office of China (TMO). The sign consists of three Chinese characters (shown below), i.e. Hanzi: ‘食 (eat) 族 (clan) 人 (people)’. Kat’s preliminary side... Continue reading
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Book review: Harnessing Public Research for Innovation in the 21st Century

http://ipkitten.blogspot.com/2021/08/book-review-harnessing-public-research.html Previous Guest Kat Rosie Burbidge, Intellectual Property Partner at Gunnercooke LLP and author of European Fashion Law, returns with a review of Harnessing Public Research for Innovation in the 21st Century An International Assessment of Knowledge Transfer Policies, edited by Anthony Arundel (UNU-MERIT, Maastricht University and University of Tasmania), Suma... Continue reading
In: The IPKat BLOG

AG Øe advises that partial designs may be protected as unregistered designs

http://ipkitten.blogspot.com/2021/08/ag-e-advises-that-partial-designs-may.html Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right. The request for preliminary ruling by the Court of Justice of the... Continue reading
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Legal tender in El Salvador: First the U.S. dollar, and now Bitcoin

http://ipkitten.blogspot.com/2021/08/legal-tender-in-el-salvador-first-us.html Kat friend Francisco Martínez summarizes the main points of the Bitcoin law recently enacted in El Salvador. On June 8, 2021, the Legislative Assembly of El Salvador adopted the Bitcoin Law, which will enter into force on September 9, 2021. The law aims to promote economic growth for the... Continue reading
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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

http://ipkitten.blogspot.com/2021/08/austrian-supreme-court-refers-further.html Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive, in particular regarding “communication to the public”. The referrals stem from two cases, unrelated... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2021/07/around-ip-blogs_30.html Trade marks The Fashion Law Blog published a follow-up concerning the Puma vs Nike battle over Nike’s trade mark application for ‘footware’. After having opposed the Nike’s application in the US for being generic and descriptive, Puma has now withdrawn its opposition. Nike’s application for registration is also pending... Continue reading