The IPKat BLOG – Page 234

In: The IPKat BLOG

Can the shape or appearance of a product infringe a PDO/PGI? It all depends on how you understand “evocation”

http://ipkitten.blogspot.com/2020/03/can-shape-or-appearance-of-product.html This Kat gets very hungry when she reads about GIs Last June, the French Cour de cassation sent a request for a preliminary ruling, asking the CJEU to clarify [Merpel notes: “once again”] the scope of ‘evocation’ of a Protected Designation of Origin (PDO)/ Protected Geographical Indication (PGI) under... Continue reading
In: The IPKat BLOG

Is my car a “digital audio recording device?” The DC Circuit Court of Appeals rules that in-car CD-copying devices do not fall under the Audio Home Recording Act

http://ipkitten.blogspot.com/2020/03/is-my-car-digital-audio-recording.html Is it a “stretch” to apply AHRA to in-car CD copying devices? For several years, automakers have offered a feature that allows consumers to copy the contents of CDs onto hard drives within the vehicles for playback without the CDs present. In 2014, the Alliance of Artists and Recording Companies... Continue reading
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IP Education Series #6

http://ipkitten.blogspot.com/2020/02/ip-education-series-6.html This Kat is excited to introduce the latest instalment in the IP Education Series [previous episodes: Intro, #1, #2, #3, #4 and #5]. This time, it’s over to Dr Sabine Jacques from the University of East Anglia for her account of how she has made IP learning (even more!) fun: IntangAbility: using gamification in... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2020/02/around-ip-blogs_28.html Enjoying a run around the blogs! It’s the last weekend of February and time for a run…a run around the IP Blogs! Patents When is a late inventive step attack allowed on appeal? Kluwer Patent Blog reports on two decisions which were recently issued on the admissibility of late... Continue reading
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How do you determine the novelty of a second (non-medical) use claim? (T 1395/15)

http://ipkitten.blogspot.com/2020/02/how-do-you-determine-novelty-of-second.html Here on IPKat we are used to discussing the patentability of second-medical use inventions. But what about non-medical second uses? The recently published Board of Appeal decision T 1385/15 related to the patentability of such a second use. According to case law from the Enlarged Board of Appeal (EBA), a... Continue reading
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Conference Report: Intellectual Property in the Era of Big Data and Blockchain

http://ipkitten.blogspot.com/2020/02/conference-report-intellectual-property.html Each year, the first days of February or so are the occasion for this Kat to travel to his former home town and spend a day on the benches of the University of Geneva, listening to thought-provoking IP discussions at the traditional Journée de droit de la propriété intellectuelle... Continue reading
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Breaking news: UK will not participate in UPC system

http://ipkitten.blogspot.com/2020/02/breaking-news-uk-will-not-participate.html The writing was on the wall. Despite warm words from the UPC Preparatory Committee and the European Parliament, it seems that the status of the UK’s participation in the Unitary Patent and Unified Patent Court system has progressed (regressed?) from “in significant doubt” to “not on your nelly”. For... Continue reading
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[Guest post] Functionality, cumulation and lessons from trade mark law: the Advocate General’s Opinion in Brompton Bicycle

http://ipkitten.blogspot.com/2020/02/guest-post-functionality-cumulation-and.html A few days, The IPKat reported and commented on the Opinion of Advocate General (AG) Campos Sánchez-Bordona in Brompton Bycicle, C-833/18, a referral concerning copyright protection of functional shapes. The IPKat is now pleased to host this guest commentary by Ilanah Fhima (UCL). An extended version of her article... Continue reading
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Wednesday Whimsies

http://ipkitten.blogspot.com/2020/02/wednesday-whimsies.html Important information for EQE Candidates IPKat has heard from Katfriends that some EQE candidates in the UK have discovered only this week that their exam location is Munich, not Walsall. The candidates were not sent any specific notification, and noticed it only on logging into the My EQE portal... Continue reading
In: The IPKat BLOG

Book review: Cambridge Handbook of Technical Standardization Law, Further Intersections of Public and Private Law

http://ipkitten.blogspot.com/2020/02/book-review-cambridge-handbook-of.html This book review is kindly provided by Vicente Zafrilla Díaz-Marta, who is a PhD Researcher at the Max Planck Institute for Innovation and Competition in the framework of EIPIN Innovation Society program funded by the European Commission (H2020- Marie Skłodowska-Curie Action) and member of the Spanish IP blog lvcentinvs.es. Here’s the review: Prof.... Continue reading