The IPKat BLOG – Page 4

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Arusha Protocol for the Protection of New Varieties of Plants finally enters into force

http://ipkitten.blogspot.com/2024/11/arusha-protocol-for-protection-of-new.html Nearly a decade after it was concluded, the Arusha Protocol for the Protection of New Varieties of Plants entered into force today, one year after the ratification of its fourth member state. This Protocol was made under the framework of the African Regional Intellectual Property Organization (ARIPO) and was adopted... Continue reading
In: The IPKat BLOG

[Guest post] EU General Court invalidates Chiquita trade mark for bananas as it considers it devoid of distinctive character

http://ipkitten.blogspot.com/2024/11/guest-post-eu-general-court-invalidates.html The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the General Court concerning a figurative trade mark held by Chiquita. Here is what Nedim writes: EU General Court invalidates Chiquita trade mark... Continue reading
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Hot n Cold ruling from Australian Federal Court partially overturns Katy Perry trade mark decision

http://ipkitten.blogspot.com/2024/11/hot-n-cold-ruling-from-australian.html Katy Perry has earned a pyrrhic victory in Australia this week. In its judgment delivered on Friday 22 November, the Federal Court of Australia partially allowed the appeal in Taylor v Killer Queen, LLC (No 5) [2024] FCAFC 149, finding that the American entertainer (but not her associated company) was able to... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last_18.html Join this Kat in catching up with last week’s exciting IP news and opportunities! Community Design Image by Riana Harvey Marcel Pemsel commented on a recent decision by the General Court in Orgatex GmbH & Co. KG v EUIPO. The Court, after coining the term “principle of unicity of... Continue reading
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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

http://ipkitten.blogspot.com/2024/11/design-reform-reaches-its-finale-it-is.html Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This post analyses the main elements of the two acts. Background Foundations for the EU design system (as of now still covered by Regulation (EC)... Continue reading
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General Court on design law: Principle of unicity of design and no interpretation favourable to the holder

http://ipkitten.blogspot.com/2024/11/general-court-on-design-law-principles.html Had Oscar Wilde known about the importance of consistency in design protection, he might not have written “consistency is the last refuge of the unimaginative”. In a recent decision, the General Court held that a violation of the principle of unicity can lead to the invalidity of a registered... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2024/11/sunday-surprises.html Another week comes to an end. Here are the latest IP reports and opportunities to find out about. As always, do not forget to check our Events page as well! A Kat reading a new IP report Publication WIPO’s 2024 World Intellectual Property Indicators WIPO has published the 2024... Continue reading
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UK Supreme Court finally issues ruling on “bad faith” trade mark applications in Sky v SkyKick

http://ipkitten.blogspot.com/2024/11/uk-supreme-court-finally-issues-ruling.html Just when this Kat thought she’d have to wait for her ninth life to see an end to the SkyKick saga, the UK Supreme Court finally handed down its judgment in SkyKick UK Ltd v Sky Ltd on Wednesday ([2024] UKSC 36). The Supreme Court unanimously allowed the appeal in part.... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last_13.html Another week is in full (IP) swing. In the meantime, enjoy the latest weekly NTL post! Patents and AI Katfriend Peter Arrowsmith (GJE) reported on the results of the poll he had in his post three months ago regarding the Court of Appeal decision in Comptroller-General of Patents, Designs and... Continue reading
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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

http://ipkitten.blogspot.com/2024/11/guestpost-how-european-patent-office.html The AmeriKat has the t-shirt…now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination – with the key message of “assisting”, not... Continue reading