The IPKat BLOG – Page 62

In: The IPKat BLOG

UK takes uncompromising approach to interpretation of “the product” under Art. 3(a) SPC Regulation (Newron v Comptroller [2023] EWHC 1471)

http://ipkitten.blogspot.com/2023/09/uk-takes-uncompromising-approach-to.html Recorder Douglas Campbell KC in the High Court recently handed down a decision ([2023] EWHC 1471) considering the interpretation of “product” in the SPC Regulation. The decision considered what it means for “the product” in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2023/09/sunday-surprises.html September has arrived, and with it, new IP events and content to enjoy. Here’s the latest updates. Conference on the 25th Anniversary of the EU Biotechnology Directive 98/44/EC This two-day conference will take place on Thursday 14 and Friday 15 September 2023 at Maynooth University, Ireland. The event, organised... Continue reading
In: The IPKat BLOG

The localization of IP infringements in the online environment: From Web 2.0 to Web 3.0 and the metaverse – New study for WIPO

http://ipkitten.blogspot.com/2023/09/the-localization-of-ip-infringements-in.html Dematerialized Kat Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including IPRs – vesting in them. Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media, i.e., means to disseminate intangible assets, including in digital... Continue reading
In: The IPKat BLOG

Never too late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last.html Here’s your regular recap of the IPKat stories published last week. Copyright GuestKat Kevin Bercimuelle-Chamot analysed the thin line between homage and infringement, comparing two campaign photos published by popular fashion brands. For more details, click here. Former GuestKat Mirko Brüß summarised a Higher Regional Court’s of Nürnberg ruling... Continue reading
In: The IPKat BLOG

UK IPO consultation on trade mark and design services

http://ipkitten.blogspot.com/2023/09/uk-ipo-consultation-on-trade-mark-and.html The UK government has launched a second consultation on proposed changes to allow the Intellectual Property Office to deliver better digital services. In July, the government concluded its first transformation consultation. This second consultation focuses on specific trade marks and designs issues, but also includes some proposals on patents... Continue reading
In: The IPKat BLOG

UK Science, Innovation and Technology Committee Report on AI

http://ipkitten.blogspot.com/2023/08/uk-science-innovation-and-technology.html As previously reported for the IPKat here, the UK Science, Innovation and Technology Select Committee recently conducted an inquiry into the impact of AI on several sectors. This Kat gave evidence at the Inquiry in the session focusing on the impact of AI on copyright and the creative industries... Continue reading
In: The IPKat BLOG

Ed Sheeran US music copyright infringement case, it’s not over yet

http://ipkitten.blogspot.com/2023/08/ed-sheeran-us-music-copyright.html Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied – covered here. As such, the case proceeded... Continue reading
In: The IPKat BLOG

Make no bones about it: The “credibility test” has no place in the novelty assessment of second medical use claims (T 0558/20)

http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html A recent decision relating to bone regeneration therapy from the Boards of Appeal considered the correct approach to the assessment of second medical use claims. The Board of Appeal in T 0558/20 favoured an approach whereby the novelty of a second medical use should be assessed as a whole and not be... Continue reading
In: The IPKat BLOG

The conceptual comparison – To be or not to be neglected?

http://ipkitten.blogspot.com/2023/08/the-conceptual-comparison-to-be-or-not.html Until technology catches up with the law and tactile as well as olfactory marks can be registered, the assessment of the similarity of signs is limited to a visual, phonetic and conceptual comparison. Among these three, the conceptual comparison seems to be the one that plays the least important... Continue reading
In: The IPKat BLOG

IP-focused ERA events return in the Fall, with two conferences carrying IPKat readers’ discount

http://ipkitten.blogspot.com/2023/08/ip-focused-era-events-return-in-fall.html Trier, Germany’s oldest city The IPKat is always interested in the activities organized and delivered by the ever-busy Katfriends at ERA in Trier (Germany) and is pleased to let readers know that the following will take place over the Fall: European Patent Litigation Certificate The first is the European... Continue reading