In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/saturday-sundries_30.html As September is coming to an end, here are the latest events and opportunities for IPKat readers: ALAI European Author’s Right Award The 6th edition of the ALAI European Authors’ Right Award, supported by GESAC, is now accepting nominations for the 2023 edition. The annual award is given to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_30.html Had your head down last week and want to catch up on the IP news? No problem – as always, the IPKat is here to bring you a quick summary of the latest updates. Alessandro Cerri evaluated Image from Pixabay the latest case law on the liability of online marketplaces for trademark infringement... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/euipo-shoots-down-application-to.html In a recent decision (R 275/2023-4), which is particularly meaningful to anyone wondering about trade mark protection in virtual worlds, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative representation of a virtual firearm lacked the requisite distinctive character... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/broad-functional-claiming-at-epo-t.html The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. In technically challenging fields, such as biotech, there will often be some doubt that a skilled person will be able to make the invention or that the invention actually... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/us-copyright-office-and-ai-notice-of.html On 30 August 2023, the US Copyright Office (USCO) issued a notice of inquiry (NOI) on the Federal Register, seeking factual information and views on several issues related to the intersection of copyright law and recent advances in generative Artificial Intelligence (AI), including the use of copyrighted works... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/guest-post-deepfake-it-till-you-make-it.html The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. Here’s what they write: Deepfake it till you make... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/when-individual-trade-mark-is-not.html EU trade mark law knows three kinds of trade marks: individual marks, collective marks (Art. 74 EUTMR) and certification marks (Art. 83 EUTMR): An individual trade mark distinguishes the goods and services offered under the mark from those of other undertakings. A collective mark distinguishes the goods and services... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/ballad-in-mall-violence-of-scene-does.html A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [IPKat here, here or here]. A recent ruling of the Paris Court of First Instance (Tribunal judiciaire) provides a further illustration. This time the dispute focused on the impact on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/euipo-fifth-board-of-appeal-rules-out.html Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. When considering spare parts in connection with genuine... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/wish-to-discuss-legacy-of-cjeu.html UCL in lovely Bloomsbury If you are interested in all things copyright and wish to discuss the (perduring) legacy of the copyright case law of the Court of Justice of the European Union for UK law and practice following Brexit, then you are warmly invited to join this panel... Continue reading
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