The IPKat BLOG – Page 6

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Is ‘Sophienwald’ a geographical indication? Yes says the General Court, no the German Patent Court

http://ipkitten.blogspot.com/2025/03/is-sophienwald-geographical-indication.html The substantive trade mark law in the EU is largely harmonized. However, this does not mean that the same case brought before different trade mark offices will have the same outcome, as two recent decisions from the General Court (here) and the German Patent Court (here) show. Both decisions... Continue reading
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To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)

http://ipkitten.blogspot.com/2025/03/to-infinity-and-beyond-sufficiency.html The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended parameter ranges. The question before the Board of Appeal was whether a claimed open range, and its numerically infinite scope, could ever be said to be sufficiently disclosed (Article 83 EPC). The... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last.html IPKat’s Weekly Legal Digest: Don’t Miss Out! Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Katfriend Paul England (Taylor Wessing) discussed the current state of Supplementary Protection Certificates (SPCs) in the UK, questioning whether the system needs reform, by reviewing... Continue reading
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‘MAGIC PUSSY’? Not contrary to “accepted principles of morality”, says EUIPO BoA

http://ipkitten.blogspot.com/2025/03/magic-pussy-not-contrary-to-accepted.html Rocket Bean’s MAGIC PUSSY A few weeks ago, the 5th Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) issued a decision (R1009/2024-5) that might be well-worth a read even just for entertainment purposes. On a more serious note, however, the decision also stands out for... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2025/03/sunday-surprises.html The IPKat proudly presents the Kat news of the past week. Events 13 March 2025: A Better Way To Unlock AI Transparency Than Open Source Mandates Join 4iP Council’s webinar to find out how AI system openness can be classified beyond traditional open-source models. You will gain expert insights... Continue reading
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Delaware court finds fair use defence unsuccessful in AI training copyright motion

http://ipkitten.blogspot.com/2025/02/delaware-court-finds-fair-use-defence.html In a recent decision (Case 1:20-cv-00613, ECF 770) on the use of copyrighted texts for AI (but not generative AI) training, the Delaware District Court (the Court) held that a fair use defence was unsuccessful on a summary judgment motion for copyright infringement. Background The Claimant is Thomson Reuters (Reuters), the... Continue reading
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CJEU clarifies jurisdiction rules for European patent enforcement: BSH Hausgeräte vs. Electrolux AB

http://ipkitten.blogspot.com/2025/02/cjeu-clarifies-jurisdiction-rules-for.html Earlier this week the CJEU provided its ruling in the highly anticipated case of BSH Hausgeräte v. Electrolux (Case C-339/22, February 2025). The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national... Continue reading
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The power of reputation: EUIPO confirms stronger protection for renowned trade marks

http://ipkitten.blogspot.com/2025/02/the-power-of-reputation-euipo-confirms.html Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of “CHOPIN” for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark “CHOPIN” under Article 8(5) EU... Continue reading
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BPatG rejects amendments to PGI “Hessischer Apfelwein” specifications not to undermine traditional methods and area of production

http://ipkitten.blogspot.com/2025/02/bpatg-rejects-amendments-to-pgi.html The German Federal Patent Court (BPatG) has recently refused (30 W (pat) 54/22) to accept amendments to the specifications of a geographical indication (GI). Amending specifications (a registration document that sets the GI’s name, area and methods of production) has been allowed since the first GI Regulation, Regulation (EC)... Continue reading
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Illiquidx v Altana: Breach of confidence claim succeeds but directors get away

http://ipkitten.blogspot.com/2025/02/illiquidx-v-altana-breach-of-confidence.html In a recent decision of the UK High Court (Illiquidx Ltd v Altana Wealth Ltd & Ors [2025] EWHC 299 (Ch)), a claim for breach of confidence has succeeded, while claims for copyright infringement and liability of two directors have failed. The case is a useful example of the post-Lifestyle... Continue reading