The IPKat BLOG – Page 70

In: The IPKat BLOG

New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?

http://ipkitten.blogspot.com/2023/06/new-eba-referral-when-is-prior-use-of.html There has been a new referral to the Enlarged Board of Appeal (EBA). This first referral of 2023 seeks clarification on the enablement test for prior use of a product. The referral particularly asks whether the non-enabling prior use of a product excludes the composition of the product from the... Continue reading
In: The IPKat BLOG

Implementation through collaboration: Actualising recent copyright reforms in African countries

http://ipkitten.blogspot.com/2023/06/implementation-through-collaboration.html This Kat’s father had one Igbo proverb that he liked to quote to emphasise the power of collaboration…a nyụkọ mamịrị ọnụ, ọ gba ụfụfụ (literal translation: when we urinate together on the same spot, it foams). There are variations of this proverb in the very popular African saying: if... Continue reading
In: The IPKat BLOG

Unified Patent Court: reallocation of competences among Paris, Munich and Milan

http://ipkitten.blogspot.com/2023/06/unified-patent-court-reallocation-of.html As anticipated by The IPKat here, Italy, France and Germany have reached an agreement on the creation of the Milan seat of Central Division to replace the former London section. On 26 June 2023, the Administrative Committee of the Unified Patent Court issued the decision under Article 87(2)... Continue reading
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Never too late: in case you missed the IPKat last week

http://ipkitten.blogspot.com/2023/06/never-too-late-in-case-you-missed-ipkat.html Here’s what you missed from the IPKat last week. Designs Anna Maria Stein commented on a recent Italian Supreme Court’s decision concerning the jurisdiction of the Italian courts when determining whether harm has occurred within the jurisdiction in connection with requests for declaration of non-infringement of International Registered Designs... Continue reading
In: The IPKat BLOG

Colour inversion does not alter distinctive character – if the trade mark is sufficiently distinctive

http://ipkitten.blogspot.com/2023/06/colour-inversion-does-not-alter.html In case R1422/2022-2, the Board of Appeal of EUIPO dealt with the question whether the colour inversion of a rather simple sign is sufficient to establish genuine use. Background Hummel Holding A/S (‘Hummel’) owns International Registration no. 915962 designating the EU for the following figurative mark: It was registered... Continue reading
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When is it necessary to amend the description of a patent post-grant (T2391/18)

http://ipkitten.blogspot.com/2023/06/when-is-it-necessary-to-amend.html The decision of the EPO Board of Appeal in T 2391/18 considered whether non-conformity of the description with the claims can, by itself, invalidate a granted patent. The Board of Appeal concluded that a discrepancy between the claims and the description is a clarity issue, and therefore not a ground for Opposition... Continue reading
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Thank you, Neil!

http://ipkitten.blogspot.com/2023/06/thank-you-neil.html The IPKat demonstrating a future of napsand relaxing for Neil in his Kat retirement Readers will have seen PermaKat Neil Wilkof’s au revoir message this morning (here). The IPKat, Merpel, the AmeriKat and the entire pride of Kats wish to take this opportunity to express their thanks for the... Continue reading
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[Guest Post] Long walk to copyright reform #6: South Africa’s National Council of Provinces participate in the long walk

http://ipkitten.blogspot.com/2023/06/guest-post-long-walk-to-copyright.html The IPKat is pleased to host the guest contribution below by Katfriend Sanya Samtani (University of Witwatersrand) on the fate of South Africa’s Copyright Amendment Bill at the National Council of Provinces (NCOP). Readers may recall from this Kat’s post back in February that the NCOP had begun the... Continue reading
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Farewell

http://ipkitten.blogspot.com/2023/06/farewell.html This is my last day as a member of the IPKat team, ending a 15-year journey. During that time, I have been grateful for the opportunity to share with the IPKat community my thoughts on IP within its broader cultural, social, philosophical, commercial, and historical contexts. No other platform... Continue reading
In: The IPKat BLOG

First patent revocation actions before the UPC have been filed

http://ipkitten.blogspot.com/2023/06/first-patent-revocation-actions-before.html On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. Here is a quick recap about the UPC, and a bit of info on these proceedings! What is the UPC? The UPC is a new patents court which came into force... Continue reading