• [Guest post] Georgia becomes 5th validating state to the EPO

    http://ipkitten.blogspot.com/2023/11/guest-post-georgia-becomes-5th.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Mindia Davitadze (Stockholm University) on the recent accession of Georgia to the European Patent Office (EPO) Validation System. Here’s what Mindia writes: Georgia becomes 5th validating state to the EPO by Mindia Davitadze On 31... Continue reading

     
  • Wednesday Whimsies

    http://ipkitten.blogspot.com/2023/11/wednesday-whimsies.html This Kat is excited for a talk about IP and new technology Finished the last of your Halloween candy? Don’t worry, there’s still plenty of Katfood to snack on this week: AI Copyright Lecture Next month, Professor Pablo Fernández Carballo-Calero (University of Vigo) will give a lecture on the... Continue reading

     
  • A plea for EU copyright unification coming from … the EUIPO?

    http://ipkitten.blogspot.com/2023/11/a-plea-for-eu-copyright-unification.html As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility … yet.  Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period... Continue reading

     
  • Should you need at least a 4-year scientific degree to be a patent attorney?

    http://ipkitten.blogspot.com/2023/11/should-you-need-at-least-4-year.html Earlier this year, the Institute of Professional Representatives before the European Patent Office (epi) proposed a radical raising of the admission requirements for the European patent attorney qualifying examinations (EQEs). Epi proposed that, to maintain the quality of European patents, there should be no admission to the EQE without at... Continue reading

     
  • Can authors waive their right of attribution?

    http://ipkitten.blogspot.com/2023/11/can-authors-waive-their-right-of.html Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. While it appears to be easier to waive moral rights in common law countries,... Continue reading

     
  • Benefits and pitfalls of functional patent claims (and why the UK is out of step with the EPO on claim construction): Astellas v Teva [2023] EWHC 2571 (Pat)

    http://ipkitten.blogspot.com/2023/11/benefits-and-pitfalls-of-functional.html In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas’ formulation patent for mirabegron.  The construction of a functional limitation in the claim was central to the case, highlighting the benefits and pitfalls of... Continue reading

     
  • Never Too Late: If you missed the IPKat last weeks!

    http://ipkitten.blogspot.com/2023/11/never-too-late-if-you-missed-ipkat-last.html If the spooky season kept you distracted from the latest IP news, here is what you might have missed. Image via Pixels Copyright Katfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works. Anastasiia Kyrylenko informed readers that the CJEU has received the first request for preliminary... Continue reading

     
  • Book review: Walled Culture

    http://ipkitten.blogspot.com/2023/11/book-review-walled-culture.html This is a review of Walled Culture: How Big Content Uses Technology and the Law to Lock Down Culture and Keep Creators Poor by Glyn Moody.    Glyn Moody says about the book: “Ed Sheeran and Dua Lipa get sued for alleged plagiarism and the majority of creators see... Continue reading

     
  • Easy Life band change name after easyGroup trade mark infringement threat

    http://ipkitten.blogspot.com/2023/11/easy-life-band-change-name-after.html Easy Life was, until recently, the name of an indie band from Leicester, UK. The band has now changed their name after easyGroup threatened them with legal action, claiming trade mark infringement. Here are the details and some reflections on the situation: Background: easyGroup, easy trade mark filing easyGroup... Continue reading

     
  • Short jingle not protectable as a sound mark

    http://ipkitten.blogspot.com/2023/11/short-jingle-not-protectable-as-sound.html The case law on sound marks is still developing in the EU. There has been a series of applications that have been rejected, including the sound of an accelerating electric car (discussed here), the opening and pouring of a can (discussed here) and a nursery rhyme (discussed here). In... Continue reading