• Design or art? French court rules that Birkin Bag is a copyright work

    http://ipkitten.blogspot.com/2025/03/design-or-art-french-court-rules-that.html On 7 February last, the Tribunal Judiciaire de Paris ruled that S.A.S. BLAO & CO (defendant) had infringed the copyright and trade mark of Société HERMES INTERNATIONAL and S.A.S. HERMES SELLIER (claimants) by producing and offering for sale its “Paisley Jane” model, as well as a non-fungible token (NFT)... Continue reading

     
  • C-575/23: statutory assignment of rights without prior consent is against EU law

    http://ipkitten.blogspot.com/2025/03/c-57523-statutory-assignment-of-rights.html Earlier this week, the Court of Justice of the European Union (CJEU) handed down its first ruling concerning the interpretation of Directive (EU) 2019/790 (C-575/23). The request, originating from the Belgian Supreme Administrative Court [see The IPKat here on the national proceedings], focused on Arts. 18-23 of the Directive... Continue reading

     
  • [Guest post] “Quevedo Port” for olive oil does not infringe PDO “Porto/Port”, rules EU General Court

    http://ipkitten.blogspot.com/2025/03/guest-post-quevedo-port-for-olive-oil.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Edoardo Cesarini (GR Legal) on the role of similarity between goods in deciding on an infringement of a geographical indication. Here’s what Edoardo writes: The EU General Court ruled in a recent case involving... Continue reading

     
  • [Guest post] Design and copyright law must not be confused: the CJEU referral in C-323/24

    http://ipkitten.blogspot.com/2025/03/guest-post-design-and-copyright-law.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for Intellectual Property Law) on the comments the GRUR Committee for Design Law submitted on the request made by... Continue reading

     
  • Wednesday Whimsies

    http://ipkitten.blogspot.com/2025/03/wednesday-whimsies.html There’s never a dull moment in the world of intellectual property law, so the IPKat has an exciting time keeping readers up-to-date. This Kat is pleased to bring you this week’s news, events, and opportunities. UK Designs Reform  A Kat that seems exhausted – and it’s only Wednesday!Photo by... Continue reading

     
  • Is ‘Sophienwald’ a geographical indication? Yes says the General Court, no the German Patent Court

    http://ipkitten.blogspot.com/2025/03/is-sophienwald-geographical-indication.html The substantive trade mark law in the EU is largely harmonized. However, this does not mean that the same case brought before different trade mark offices will have the same outcome, as two recent decisions from the General Court (here) and the German Patent Court (here) show. Both decisions... Continue reading

     
  • To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)

    http://ipkitten.blogspot.com/2025/03/to-infinity-and-beyond-sufficiency.html The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended parameter ranges. The question before the Board of Appeal was whether a claimed open range, and its numerically infinite scope, could ever be said to be sufficiently disclosed (Article 83 EPC). The... Continue reading

     
  • Never Too Late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last.html IPKat’s Weekly Legal Digest: Don’t Miss Out! Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Katfriend Paul England (Taylor Wessing) discussed the current state of Supplementary Protection Certificates (SPCs) in the UK, questioning whether the system needs reform, by reviewing... Continue reading

     
  • ‘MAGIC PUSSY’? Not contrary to “accepted principles of morality”, says EUIPO BoA

    http://ipkitten.blogspot.com/2025/03/magic-pussy-not-contrary-to-accepted.html Rocket Bean’s MAGIC PUSSY A few weeks ago, the 5th Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) issued a decision (R1009/2024-5) that might be well-worth a read even just for entertainment purposes. On a more serious note, however, the decision also stands out for... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2025/03/sunday-surprises.html The IPKat proudly presents the Kat news of the past week. Events 13 March 2025: A Better Way To Unlock AI Transparency Than Open Source Mandates Join 4iP Council’s webinar to find out how AI system openness can be classified beyond traditional open-source models. You will gain expert insights... Continue reading