The IPKat BLOG – Page 64

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[Guest post] Dutch Supreme Court: when due cause has already been established, no further assessment of (dis)honest practices is required

http://ipkitten.blogspot.com/2023/11/guest-post-dutch-supreme-court-when-due.html The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi and Jarieke Timmerman (both BarentsKrans) on a recent decision of the Dutch Supreme Court regarding the notion of ‘due cause’ within the context of enforcement of trade marks. Here’s what Jan and... Continue reading
In: The IPKat BLOG

Referral on description amendments moves one step closer (T 56/21)

http://ipkitten.blogspot.com/2023/11/referral-on-description-amendments.html We have moved one step closer to a referral to the Enlarged Board of Appeal on description amendments. As previously reported, in appeal case T 56/21 the Board of Appeal invited the applicant (Roche) to request a referral to the EBA on the question of compulsory adaptation of the description in line... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2023/11/friday-fantasies.html While those of us in the northern hemisphere are becoming grumpier with the shorter days, there is still reason for cheer: this past week has brought an abundance of IP news and opportunities for readers. Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi Hapi Design... Continue reading
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EPO doubles down on opposition acceleration commitment

http://ipkitten.blogspot.com/2023/11/epo-doubles-down-on-opposition.html Accelerated EPO oppositions. The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. With the Unified Patent Court (UPC), a new dimension arrives. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC. The UPC... Continue reading
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Limitation period for copyright infringement actions in France

http://ipkitten.blogspot.com/2023/11/limitation-period-for-copyright.html This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/11/never-too-late-if-you-missed-ipkat-last_23.html Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases. Image: shutterstock.com Trade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as... Continue reading
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[Guest Post] UK House of Lords Inquiry into Large Language Models

http://ipkitten.blogspot.com/2023/11/guest-post-uk-house-of-lords-inquiry.html As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited... Continue reading
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Maradona’s former lawyer drops the ball in EUTM transfer dispute

http://ipkitten.blogspot.com/2023/11/maradonas-former-lawyer-drops-ball-in.html In a recent decision (T-299/22) that will be of interest to all trade mark practitioners, the Second Chamber of the General Court of the European Union (the Court) found that the documents submitted by Maradona’s former lawyer in support of his request for the transfer of an EU trade mark (EUTM) to... Continue reading
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Event reminder – Pharma and Biotech Patent Litigation Summit

http://ipkitten.blogspot.com/2023/11/event-reminder-pharma-and-biotech.html New acquisition:Merpel and Girl with a Pearl Earring As The IPKat reported a while ago, on 22-24 January 2024, the Pharma and Biotech Patent Litigation Summit will return to Amsterdam (Netherlands). A UPC Litigation Forum will take place on 22 January too. This 3-day conference promises to offer 200+... Continue reading
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Lewis Hamilton! Lewis who?

http://ipkitten.blogspot.com/2023/11/lewis-hamilton-lewis-who.html Lewis Hamilton is one of the most successful Formula 1 drivers of all time. Yet he does not seem to be famous enough to get his name registered as an EU trade mark. The Board of Appeal of EUIPO (‘BoA’) recently confirmed that his application for ‘LEWIS HAMILTON’ conflicts... Continue reading