In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/fishy-evidence-do-we-have-right.html T 1057/22 related to a patent for the use of a rather unappetizing sounding fish oil and juice emulsion (“fish juice”) to treat cancer. This Kat confesses that her interest in this case was primarily piqued by the oddness of the subject matter. Fish juice to treat cancer seems a rather unpromising starting point... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/ag-campos-sanchez-bordona-opines-that.html In a rare annulment action on geographical indications (GI), the Court of Justice of the European Union (CJEU) is set to decide on the scope of European Commission’s competences when examining GI applications (case C-579/23 P). Advocate General (AG) Campos Sánchez-Bordona has recently delivered his Opinion in the case. ... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/never-too-late-if-you-missed-ipkat-last.html It was a busy week on The IPKat! If you could not keep up, then join this Kat in catching up with a summary of what you missed (hopefully while sunbathing at the beach). Geographical Indications and Unfair Competition Anastasiia Kyrylenko reported on the recent opinion of Advocate General (AG) Campos Sánchez-Bordona regarding... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/new-uspto-guidance-on-use-of-ai-in.html The USPTO recently issued Guidance on the patentability of AI. In the US, claims directed solely to a “judicial exception”, in the form of an abstract idea, natural phenomena, or law of nature, are not eligible for patent protection (35 U.S.C. 101). However, the case law on subject matter eligibility is infamously... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/sunday-surprises.html The IPKat would take the IPFed job – but for the urge to nap during meetings As the heat starts to ratchet down in London, and the activity levels of those with fur coats start to ratchet up, the IPKat brings you a collection of news from the IP world. ... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/plant-variety-rights-for-sugraone.html By its decision on 1 August 2024, the Court of Bari (Specialised Business Section) declared that the Italian plant variety right (PVR) for a seedless table grape variety named ‘Sugraone’ was invalid on the grounds of novelty. The decision (English translation here) also dismissed the claims of trade mark infringement... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/the-end-of-claim-climate-neutral.html ‘Do good and talk about it’ is an important principle for companies, which try to reduce the emissions caused by the production of their goods. Doing that in a way that complies with unfair competition rules can be nevertheless challenging, as the decision of the German Supreme Court on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/upckat-upc-court-of-appeal-demonstrates.html The UPC Court of Appealshowing flexibility on thedeadline balance beam The UPKats are closing off what was a hot week in London and an exciting Olympic week in Paris with a recap of another UPC Court of Appeal order. The order from 26 April 2024 in AIM Sport Development... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/guest-post-bad-blood-is-not-bad-faith.html The IPKat has received and is pleased to host the following guest contribution by KatfriendKatfriend Thato Moloto (Trademarkia) on the decision of the High Court in Pretoria, South Africa on whether an applicant for trade mark registration who applies without a bona fide claim to a mark is to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/book-review-intangible-intangibles.html This is a review of the book, Intangible Intangibles: Patent Law’s Engagement with Dematerialised Subject Matter, by Professor Brad Sherman (University of Queensland). “Dematerialisation” is a term for the decoupling of subject matter from the physical (such as biological materials used by life scientists) and the shift to the... Continue reading
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