The IPKat BLOG – Page 59

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Chanel v EasyCash: Distribution of sample cosmetics does not trigger trade mark exhaustion

http://ipkitten.blogspot.com/2023/12/chanel-v-easycash-distribution-of.html The issue of exhaustion of rights has been the subject of numerous decisions in the past few years [IPKat here, here or here]. This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. The issue was... Continue reading
In: The IPKat BLOG

“Vaccinated, chipped, dewormed” insufficiently original to be protected by copyright

http://ipkitten.blogspot.com/2023/12/vaccinated-chipped-dewormed.html In a recent case, the Cologne Regional Court (‘LG Köln’) decided that the slogan ‘Geimpft, gechipt, entwurmt’ (German for ‘Vaccinated, chipped, dewormed’) is not eligible for copyright protection (14 O 24/22). In this ruling, the court applied earlier German jurisprudence on copyright protection for slogans and other types of... Continue reading
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Recording a license agreement in the EU requires consent of the currently registered trade mark owner

http://ipkitten.blogspot.com/2023/12/recording-license-agreement-in-eu.html Recording a license agreement concerning an EU trade mark is not mandatory but has several benefits (see the EUIPO’s trade mark Guidelines): The license has effects vis-à-vis third parties (Art. 27(1) EUTMR). The owner cannot surrender the EU trade mark without showing that the licensee has been informed of... Continue reading
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Sculptor sues glass maker over Swedish transposition of Article 20 DSM Directive and to test its temporal application

http://ipkitten.blogspot.com/2023/12/sculptor-sues-glass-maker-over-swedish.html As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation. Specifically, Article 20 of... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/12/sunday-surprises_24.html The final rounds of the holiday season are finally here, and so are some interesting IP events. The DSA and Platform Regulation Conference 2024 Image via Pexels On 15 and 16 February at the Amsterdam Law School (University of Amsterdam) “The DSA and Platform Regulation Conference 2024” is taking... Continue reading
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Book Review: Intellectual Property and the Design of Nature

http://ipkitten.blogspot.com/2023/12/book-review-intellectual-property-and.html As a plant intellectual property nerd, this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. But don’t stop reading if your passion lies along other branches of IP... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_23.html If you’ve been too wrapped up with preparations for the holiday season, here’s a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list… Rose Hughes outlined the recent EPO Board of Appeal... Continue reading
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The IPKat EPO Boards of Appeal Year in Review 2023

http://ipkitten.blogspot.com/2023/12/the-ipkat-epo-boards-of-appeal-year-in.html PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. G2/21 and the mysteries of plausibility The topic that this Kat has spent the... Continue reading
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Basic IP fundamentals: a recent survey among the IP community

http://ipkitten.blogspot.com/2023/12/basic-ip-fundamentals-recent-survey.html On 30 November 2023, the Center for Intellectual Property Understanding (CIPU) published the findings of a survey on “Intellectual Property Principle – What the IP Community regards as important” (executive summary and slides). The survey was conducted by response:AI, an independent market research firm. The survey The survey... Continue reading
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After the Swedes, it’s time for the Germans to ask the CJEU to clarify copyright protection of works of applied art in USM Haller referral

http://ipkitten.blogspot.com/2023/12/after-swedes-its-time-for-germans-to.html At what conditions can works of applied art be protected by copyright under EU law? If this question feels like déjà-vu, it is because it is. Indeed, it was only some weeks ago that the Svea hovrätt, Patent- och marknadsöverdomstolen (Sweden) made a referral (Mio, C-580/23) [IPKat here and... Continue reading