In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-afe-babalola-dele-farotimi.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/monday-miscellany.html Another working week is kicking off and, as usual, it’s time to catch up with the latest news and opportunities from the IP world. Events ALAI 2025 Congress (Opatija, Croatia, 9-11 October 2025) The Association Litteraire et Artistique Internationale (ALAI) has announced that its next Annual Congress will be... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/red-flags-and-red-lines-important-but.html Position marks are an intriguing type of sign because they do not only consist of the sign itself but also its particular placement on the product (Art. 3(3)(d) EUTMIR). Two recent decisions from the General Court (here and here) deal with the question of distinctiveness of rather simple types... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-afe-babalola-dele-farotimi.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-benefits-and-pitfalls-of-drug.html The Board of Appeal decision in T 2543/22 relates to a manufacturing method for preparing a therapeutic peptide. The Board of Appeal found that whilst various methods were known, the skilled person would not have had a reasonable expectation of success in applying them to produce the specific claimed... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-description-of-patent-should-always.html The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott (UPC_CFI_230/2023), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. Claim interpretation is the subject of the highly anticipated referral... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/abbott-v-sinocare-3d-mark-for-glucose.html 3D trade marks that do not feature another trade mark on them often have a tough time before registries and courts in Europe. This is because case law requires that to benefit from the temporally unlimited protection a trade mark brings, the shape itself must indicate origin. The judgment... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/a-single-piece-of-us-copyright-are-ai.html On 30 January 2025, the US Copyright Office (USCO) registered A Single Piece of American Cheese, a visual material generated by Invoke AI and with a technique called “inpainting”. Initially rejected in September 2024, the application was reconsidered after the applicant argued that the work involved sufficient human creativity.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-uks-ai-and-copyright.html The IPKat has received and is pleased to host the following commentary from Katfriends Adrian Aronsson-Storrier and Sam Berriman (both Lewis Silkin LLP), pondering on the implications of a potential UK reform of the existing text and data analysis defence in section 29A CDPA and tackling what is often an overlooked... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_17.html Didn’t catch the latest in IP news last week? Don’t worry, here’s your chance to catch up on everything you might have missed! Patents Rose Hughes highlighted the EBA’s preliminary opinion in referral G1/24, which addresses the role of the description in claim interpretation. The EBA found Questions 1... Continue reading
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