In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/petition-of-review-filed-in-referring.html The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. If the EBA agrees with the petitioner that there was a violation of their fundamental right to be heard, the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/book-review-and-reader-discount.html This is a review of Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge, by Professor Isabella Alexander, University of Technology Sydney, Australia. This book is available in both hardback and digital open access. For those wishing to purchase the book, a discount code has kindly been... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_27.html If you’re still recovering from a big week and haven’t had the energy to catch up on the IP news, here’s the summary of everything you missed: Patents This Kat is still recovering too. Image from Pixabay. Rose Hughes discussed the EPO Board of Appeal decision T 0438/22 on the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/saturday-sundries_27.html Here is your weekly update of IP news and events! News PatKat reviewing this week’s IP news The EPO Boards of Appeal have issued a Notice on accelerating proceedings in light of the potential need for accelerated proceedings in view of the now operational Unified Patent Court (UPC). The notice... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/another-brick-in-legos-modular-systems.html By decision of 24 January 2024 (T-537/22), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/eu-court-of-justice-clarifies-scope-of.html In a recent decision (C-361/22) on the scope of the referential use exception in respect of trade mark infringement, the EU Court of Justice (the Court) clarified that the exception was extended by Directive 2015/2435 (the 2015 TM Directive), as it previously applied only where the use was necessary to indicate the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/ipkat-book-of-year-awards-2023-winners.html Thank you to readers who voted for the IPKat book of the year awards 2023! Despite the change in application process, this year was our most popular awards since its inception six years ago. Here are the nominees and winners: Best Patent Law Book The nominations, in no particular... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/cjeu-damage-claim-for-unlawful.html When a provisional measure against an alleged IP infringement is lifted, the defendant must, in principle, be able to claim compensation for losses suffered as a consequence of the provisional measure. The foundation for such a claim in the EU is Art. 9(7) of Directive 2004/48/EC (‘Enforcement Directive’), which... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/deletion-of-claim-like-clauses-board-of.html The recent decision in T 0438/22 is a relatively lengthy justification of the EPO’s idiosyncratic requirement for the description of a patent to be amended in line with the allowed claims. The decision is yet another contribution to the ongoing debate over whether the EPO’s strict approach to amendment of the description... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/saturday-sundries.html IP events, news, and opportunities are continuously announced as the end of January rapidly approaches. Check them out! Events Seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’. City, University of London will hold the seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’ on 14 February... Continue reading
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