In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/breaking-first-cjeu-referral-on-press.html Kat-negotiations … As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here], the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/the-criteria-for-novelty-and-inventive.html The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/book-review-reforming-intellectual.html This is a book review of Reforming Intellectual Property, edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome. This edited collection brings together... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/the-never-ending-story-of-brexit.html As former prime minister of the UK Theresa May famously said: Brexit means Brexit! But does it really? Not for the trade mark offices and the courts, it seems. There are several appeals pending before the CJEU concerning the effects of Brexit on EU trade mark law. According to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/guest-post-proportionality-test-in.html Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Léon provides a brief summary... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/how-original-is-cat-litter-tray.html This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_10.html Here is what you missed last week on the IPKat. Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/sunday-surprises_10.html As you are probably currently busy hopping between Christmas parties, the IPKat team has gathered some events and opportunities to help you schedule your agenda for the upcoming months. Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled “SMEs and patent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/general-court-maintains-validity-of.html The General Court has recently confirmed the validity of two 3D trade marks, owned by Lego (T-297/22 and T-298/22). The parallel proceedings concerned two trade marks representing Lego minifigures, whose validity was challenged on functionality grounds. Background of the dispute In 1996, Lego filed two applications for 3D trade... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/book-review-chokepoint-capitalism.html This is a review of Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back, by Rebecca Giblin and Cory Doctorow. What is chokepoint capitalism? Giblin and Doctorow explain: “Anticompetitive flywheels vary by industry, each chokepoint capitalist seeks to do the... Continue reading
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