The IPKat BLOG – Page 61

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[Guest post] Transparency requirements in the EU Provisional Agreement on the Artificial Intelligence Act influence the copyright and wider tech debate

http://ipkitten.blogspot.com/2023/12/guest-post-transparency-requirements-in.html The IPKat has received and is pleased to host the following guest opinion by Katfriend Roya Ghafele (OxFirst), addressing the copyright implications of the upcoming EU Artificial Intelligence Act. Here’s what Roya writes: Transparency requirements in the EU Provisional Agreement on the Artificial Intelligence Act influence the Copyright and... Continue reading
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Africa IP highlights 2023: Trade marks

http://ipkitten.blogspot.com/2023/12/africa-ip-highlights-2023-trade-marks.html Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva; Rita Chindah; and Jessie Mgonga. Today, it’s about the trade marks. February: In Nigeria, the... Continue reading
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Africa IP highlights 2023: Copyright

http://ipkitten.blogspot.com/2023/12/africa-ip-highlights-2023-copyright.html Another December is here which means “The Africa IP Highlights” are here! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa... Continue reading
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BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

http://ipkitten.blogspot.com/2023/12/breaking-first-cjeu-referral-on-press.html Kat-negotiations … As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here], the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European... Continue reading
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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

http://ipkitten.blogspot.com/2023/12/the-criteria-for-novelty-and-inventive.html The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the... Continue reading
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Book review: Reforming Intellectual Property

http://ipkitten.blogspot.com/2023/12/book-review-reforming-intellectual.html This is a book review of Reforming Intellectual Property, edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome. This edited collection brings together... Continue reading
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The never ending story of Brexit – Chapter: EUIPO v Indo European Foods – Act I: The AG’s Opinion

http://ipkitten.blogspot.com/2023/12/the-never-ending-story-of-brexit.html As former prime minister of the UK Theresa May famously said: Brexit means Brexit! But does it really? Not for the trade mark offices and the courts, it seems. There are several appeals pending before the CJEU concerning the effects of Brexit on EU trade mark law. According to... Continue reading
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[Guest post]: The proportionality test in European patent law

http://ipkitten.blogspot.com/2023/12/guest-post-proportionality-test-in.html Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Léon provides a brief summary... Continue reading
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How original is a cat litter tray?

http://ipkitten.blogspot.com/2023/12/how-original-is-cat-litter-tray.html This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied... 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_10.html Here is what you missed last week on the IPKat. Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right... Continue reading