The IPKat BLOG – Page 7

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AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

http://ipkitten.blogspot.com/2024/11/ag-szpunar-suggests-that-statutory.html Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23, this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium’s Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation... Continue reading
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Audi’s ‘S6’ and ‘S8’ confusingly similar to NIO’s ‘eS6’ and ‘eS8’ models

http://ipkitten.blogspot.com/2024/11/audis-s6-and-s8-confusingly-similar-to.html The Higher Regional Court of Munich rendered an interesting judgment concerning trade marks for model designations of the car makers Audi and NIO. Background Audi owns EU trade marks ‘S6’ and ‘S8’, both registered for ‘vehicles’ in class 12. In 2016, NIO filed German trade marks ‘ES6’ and ‘ES8’... Continue reading
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[Guest Post] Book review: NFTs, Creativity and the Law – Within and beyond copyright

http://ipkitten.blogspot.com/2024/11/guest-post-book-review-nfts-creativity.html This book review of “NFTs, Creativity and the Law – Within and beyond copyright” edited by Enrico Bonadio and Caterina Sganga, is kindly provided by our former InternKat Alexandre Miura (Qualified Lawyer (Portugal and Brazil)) Here is what Alexandre has to say: The book consists of an introduction, fourteen chapters,... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last.html If you missed out on The IPKat last week and want to catch up, then join this Kat for a summary of what you missed. Trade Marks and Geographical Indications Katfriend Timothée Charmeil (Elvinger) discussed a recent decision by the EUIPO’s Cancellation Division, which was tasked with deciding whether... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2024/11/monday-miscellany.html Here is your IPKat weekly summary of IP news, events and opportunities! Upcoming events and competitions: UCL IBIL course: Law Drafting and negotiating clinical trial agreements on Monday 4th and Tuesday 5th November. IESEG school of management, Design protection in the fashion field. Letter from different countries, 8 Nov 2024... Continue reading
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[Guest post] Comparison of wine and gin: the EUIPO’s unquestionable Similarity Tool

http://ipkitten.blogspot.com/2024/11/guest-post-comparison-of-wine-and-gin.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Timothée Charmeil (Elvinger) discussing a recent decision of the Cancellation Division of the European Union Intellectual Property Office (EUIPO) and the approach taken to comparison of goods (in this case wine and gin). Here’s... Continue reading
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Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

http://ipkitten.blogspot.com/2024/11/infringing-ai-liability-for-ai.html One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie,... Continue reading
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IP strategy for AI-assisted drug discovery

http://ipkitten.blogspot.com/2024/10/ip-strategy-for-ai-assisted-drug.html AI has been hailed as a potentially revolutionary tool for accelerating and enhancing the difficult and expensive process of drug discovery. Medicine perhaps represents the field in which AI has the most to offer humanity. However, the nascent field of AI-assisted drug design also highlights the need for IP... Continue reading
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Two skulls are confusingly similar – Crystal Head Vodka successfully enforced its 3D trade mark

http://ipkitten.blogspot.com/2024/10/two-skulls-are-confusingly-similar.html In the spirit of Halloween, the IPKat is bringing you a spooky trade mark infringement decision. It involves the iconic skull bottle of Crystal Head Vodka and a hauntingly similar skull-shaped bottle design. The decision of the Higher Regional Court of Hamburg probably sent shivers down the spine of... Continue reading
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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

http://ipkitten.blogspot.com/2024/10/the-morality-and-patentability-of.html Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections... Continue reading