The IPKat BLOG – Page 60

In: The IPKat BLOG

Court of Appeal of England and Wales reminds rightholders to monitor trade mark registers to avoid acquiescence

http://ipkitten.blogspot.com/2023/12/court-of-appeal-of-england-and-wales.html In a recent decision ([2023] EWCA Civ 1451) which is relevant to all trade mark practitioners, the Court of Appeal of England and Wales (the Court) has departed from EU case-law and held that the defence of statutory acquiescence, in respect of UK trade mark infringement, only requires that the owner... Continue reading
In: The IPKat BLOG

Crystallising the interpretation of G 2/21 (T 1989/19)

http://ipkitten.blogspot.com/2023/12/crystallising-interpretation-of-g-221-t.html The Board of Appeal in T 1989/19 provides further guidance on the interpretation of the Enlarged Board of Appeal decision G2/21. The reasoning in T 1989/19 is aligned with the interpretation recently taken by the referring Board to G2/21 (IPKat). In short, to be relied on for inventive step, a purported technical effect must be encompassed by... Continue reading
In: The IPKat BLOG

Breaking news: UK Supreme Court confirms that an inventor under UK Patents Act 1977 must be a natural person

http://ipkitten.blogspot.com/2023/12/breaking-news-uk-supreme-court-confirms.html The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. The judgment under appeal by the Court of Appeal was reported here. In a short judgment, the Supreme Court agrees with the majority in the Court of Appeal and rejects the appeal from... Continue reading
In: The IPKat BLOG

[Guest post] Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and voice – is he right?

http://ipkitten.blogspot.com/2023/12/guest-post-bad-bunny-shoo-shooes-anyone.html The issues with AI-generated content and AI clones are certainly not going away any time soon. The latest concerns Porto Rican sensation Bad Bunny, as Katfriend Despoina Dimitrakopoulou (Plug and Play Tech Center) explains. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and... Continue reading
In: The IPKat BLOG

Unambiguous disclosure without patent profanity (T 2171/21)

http://ipkitten.blogspot.com/2023/12/unambiguous-disclosure-without-patent.html US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO’s strict approach to added matter. The decision highlights the inadequacy of mere lists of various features for satisfying... Continue reading
In: The IPKat BLOG

Some scope of protection please!

http://ipkitten.blogspot.com/2023/12/some-scope-of-protection-please.html This Kat reported here on the narrowing scope of protection of lowly distinctive marks. While they were overprotected in the past, it seems that the pendulum has swung too far in the direction of underprotection. A recent decision from the EUIPO’s Board of Appeal (‘BoA’) seems to confirm this... 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_18.html Some interesting news items were posted on the IPKat blog in the second week of December: check out their summaries below to find your way to the full posts. Image: flickr.com Decisions Anastasiia Kyrylenko considered the General Court’s decision confirming the validity of two 3D trade marks owned by... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/12/sunday-surprises_17.html While the year is coming to an end, the IP community has been busy planning lots of exciting events and opportunities for the New Year. Here are some of the things to look forward to in 2024: Framing IP Rights in Legal, Economic, and Cultural Settings Swansea University’s Institute... Continue reading
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Africa IP highlights 2023: Reforms in IP policy, legislation and administration

http://ipkitten.blogspot.com/2023/12/africa-ip-highlights-2023-reforms-in-ip.html This post is the third and final instalment in the “Africa IP Highlights 2023″ series of posts highlighting some of the key developments in IP in Africa in 2023. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2023 is the result... Continue reading
In: The IPKat BLOG

Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

http://ipkitten.blogspot.com/2023/12/failure-to-comply-with-terms-of.html This Kat is always on the hunt for new copyright rulings. This time he has found a recent ruling issued by the Paris Court of Appeal, concerning a copyright assignment agreement, a subject that is the source of many disputes in France. This time, the dispute notably concerns both... Continue reading