In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/us-court-of-appeal-confirms-human.html A Recent Entrance to Paradise Can a work that is presented as being entirely AI-generated receive protection under copyright law? The answer, unsurprisingly, is ‘no’. Earlier this week, the US Court of Appeal for the District of Columbia Circuit upheld all previous decisions that had refused to accept copyright... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/apple-variety-infringement-ruling-sees.html The Supreme People’s Court has confirmed that a New Zealand company was entitled to a record amount of compensation for the unauthorised plantings and sale of its ‘Scilate’ apple variety in China. The Court awarded RMB 3.3 million (£319,000) in damages along with an order that the defendant destroy all... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last_19.html Missed the Week’s IP Insights? Here’s a Quick Recap! Patents Rose Hughes discussed the importance of meticulous documentation in securing and defending intellectual property rights, highlighting how detailed records can be crucial in legal disputes. Rose Hughes examined the Unified Patent Court’s (UPC) evolving approach to added matter and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/guestpost-mending-fences-or-moving.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. Here’s what Adanna writes: The Court of Appeal’s decision in Ensygnia IP Ltd... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/general-court-conceptual-identity-in.html The EU has 24 official languages and there is a significant number of people who speak further languages like Russian. This raises the question if signs are confusingly similar where one is the translation of the other. In a recent judgment, the General Court dealt with trade marks sharing... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/morleys-is-average-consumer-tired.html Copilot (prompt as Alt Text in image) In a judgment handed down, appropriately, on Friday last week, the Court of Appeal dismissed an appeal by various proprietors of fast food outlets against a finding that they had infringed the trade mark rights of another, more famous, fast food franchise.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/game-of-thrones-disqualifies-game-of.html A few days ago, the Opposition Division of the EU Intellectual Property Office (EUIPO) issued a decision concerning the reputation of the trade mark “GAME OF THRONES”, owned by Home Box Office, Inc. (HBO), and whether the registration of “GAME OF DÖNER” should be refused under Article 8(5) of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/eu-moves-one-step-closer-to-gene.html In a vote earlier today, the EU reached an important milestone on the road to a new regulation for new genomic techniques (NGT) for plants. After some changes to the EU Parliament’s proposed “patent ban”, the member states’ representatives endorsed the Council’s negotiating mandate. The Polish Presidency can now start negotiations with... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/late-night-babek-uk-court-upholds.html The UK’s Intellectual Property Enterprise Court (IPEC) has declined an attempt by a defendant (Iceland Foods) to invalidate a trade mark owned by the claimant (Babek) in an application for summary judgment. The judgment carefully considers some of the issues around how trade marks are described and presented on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/03/the-upcs-approach-to-added-matter-and.html The recent decision in Abbott v Sibio Technology (UPC_CoA_382/2024) offers valuable insights into the UPC’s approach to the interpretation of functional claim language and the ever-contentious topic of added matter. On both issues, the UPC broadly appears to have followed the EPO approach. However, the lack of any explicit indication... Continue reading
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