The IPKat BLOG – Page 56

In: The IPKat BLOG

Inclusion of a lamp in a photograph: French court sheds light on incidental inclusion

http://ipkitten.blogspot.com/2023/10/inclusion-of-lamp-in-photograph-french.html Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [IPKat on incidental inclusion here]. Incidental inclusion of Kats or not Facts Philippe Cuny,... Continue reading
In: The IPKat BLOG

UPC and language: a transition towards English?

http://ipkitten.blogspot.com/2023/10/upc-and-language-transition-towards.html On 18 October 2023 the President of the UPC Local Division The Hague issued an interesting order allowing the switch of the language of the proceeding from Dutch to English. Background of the case An infringement action was brought before the UPC Local Division of The Hague. The applicant chose... Continue reading
In: The IPKat BLOG

UPC and Protective Letters: are you really protected?

http://ipkitten.blogspot.com/2023/10/upc-and-protective-letters-are-you.html One of the first preliminary injunctions by the Unified Patent Court was issued by the UPC Local Division of Düsseldorf (Germany). The injunction was granted ex parte despite a Protective Letter having been filed before the filing of the application for preliminary measures. Protective letters at the UPC... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/10/never-too-late-if-you-missed-ipkat-last_19.html If you’ve been too busy pumpkin shopping to keep up with the latest news, don’t worry – the IPKat is here to bring you up to speed. Patents This Kat hasn’t quite got the hang of carving Jack-O-Lanterns Katfriend Léon Dijkman provided an update about 10X Genomics v Nanostring – the first-ever injunction... Continue reading
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Thursday Thingies

http://ipkitten.blogspot.com/2023/10/thursday-thingies.html Image via Pexels Another Autumn week is coming to an end, and with the falling leaves come some more interesting IP opportunities. The Herchel Smith Intellectual Property Lecture 2023 The Lecture will take place on Monday 23 October at Ashworth Centre, The Honourable Society of Lincoln’s Inn. The conference will feature a... Continue reading
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UPC Court of Appeal’s first decision extends time limits for filing the Preliminary Objection and the Statement of Defence in some cases

http://ipkitten.blogspot.com/2023/10/upc-court-of-appeals-first-decision.html UPC Court of Appeal (source: UPC official website) The Court of Appeal of the Unified Patent Court (UPC) has issued its first order (this Kat prepared a machine translation in English). Unsurprisingly, given the UPC system only started from 1 June this year the first appellate order relates to... Continue reading
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“And we’re even gonna have a beer” – Tesla’s fight for GIGABIER

http://ipkitten.blogspot.com/2023/10/and-were-even-gonna-have-beer-teslas.html Tesla is undoubtedly fast. Its flagship model can go 322 km/h and accelerates from 0 to 100 km/h in 2,1 seconds. Yet, Tesla was beaten to the punch by a German company, which registered the EU trade mark ‘Gigabier’ one day after Elon Musk’s announcement of Tesla’s intention to... Continue reading
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French Copyright framework for artificial intelligence: a half-hearted attempt

http://ipkitten.blogspot.com/2023/10/french-copyright-framework-for.html Recent developments have been strongly marked by the rise of generative artificial intelligence (AI) [IPKat here and here]. This has not escaped anyone’s notice. Among other things, on 12 September 2023, French MPs tabled a bill “aimed at providing a copyright framework for artificial intelligence“. Analysis An IA generated... Continue reading
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Swedish court requests CJEU to clarify notion of ‘author’s own intellectual creation’ when assessing EU originality standard

http://ipkitten.blogspot.com/2023/10/swedish-court-requests-cjeu-to-clarify.html When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? Should the originality requirement focus on factors related to the creative process and the author’s account of the actual choices that they made, or rather factors concerning the work itself... Continue reading
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Friday Fancies

http://ipkitten.blogspot.com/2023/10/friday-fancies.html The IPKat getting into the Autumn mood As the autumn/fall finally emerges in the UK, the IPKat has several news items and opportunities that may interest our dear readers. EPO soften priority rules in G1/22 and G2/22 This week, the Enlarged Board of Appeal (EBA) of the European Patent Office... Continue reading