In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/jaguar-land-rover-loses-trade-mark.html In a recent decision, the High Court of Justice of England and Wales held that the shapes of the Land Rover Defender cars are not eligible for trade mark registration. In particular, it upheld the findings of the Hearing Officer of the UK Intellectual Property Officers (IPO) and considered... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/around-ip-blogs_15.html This Kat is enjoying a meeting of minds Welcome to another week of recent IP news and views, with a number of items this week considering different perspectives on fairness and balancing rights in IP. Copyright The IP Watchdog has published a request for amici support in relation to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/never-waste-opportunity-covid-19-and.html In today’s COVID-19 world, the granting of public funds for R&D and production is taking place at a feverish pace. For recipient companies, such sums are palpably welcome, even the more so when the recipient is yesterday’s technology success story trying to find new avenues for long-term survival. That... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/untested-hypothesis-in-clinical-trial.html The Australian courts have recently confirmed that an untested hypothesis in a clinical trial protocol is sufficient to destroy the novelty of a second medical use patent (Mylan v Sun Pharma ([2020] FCAFC 116). The sufficiency/obvious to try crevasse When to file is one of the most important decisions to be... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/new-espacenet-improved-search.html Last year, the EPO began roll out of New Espacenet, which will eventually replace Classic Espacenet. Espacenet is the EPO’s online patent database. The site has a good reputation for usability and accessibility compared to other online patent databases, such as the pet hate of many a patent attorney, the USPTO’s... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/guest-post-why-ip-lawyers-are-among.html The IPKat has received and is happy to publish a guest post penned by former GuestKat Laetitia Lagarde (Baker McKenzie), addressing the increasingly important topic of sustainability and reflecting on the relationship between this, IP, and … IP lawyers. Here’s what Laetitia writes: Why IP lawyers are among the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/shining-light-on-insufficiency-t-128515.html One of the arguments heard again and again during opposition is that an Opponent’s insufficiency objection is merely a dressed-up clarity objection. The distinction is crucial, given that insufficiency is ground for opposing a patent whilst clarity is not (unless the clarity issues results from a post-grant amendment). In... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/never-too-late-if-you-missed-ipkat-last_9.html Into the woods Copyright Last week, Eleonora Rosati shared her extensive analysis of the Advocate’s General Opinion in Joined Cases C-682/18 and C-683/18, which addressed a plethora of key issues of European copyright, namely the interpretation of the right of communication to the public for acts performed by user-uploaded... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/who-is-average-consumer-when.html What is the scope of assessment of ‘the average consumer’ in proceedings concerning the distinctive character of a sign? What could be said in relation to the public’s attention when it comes to advertising slogans/messages? Is it possible for the ‘average consumer’ to exert both a high and low... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/08/uk-patent-exams-update-proctoring.html The patent examination board (PEB) has issued another update on the online UK exams that will be held later this year. In a crucial update, the PEB has now announced that the third party proctoring software that the PEB were planning to use for the exams will now be... Continue reading
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