In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/pelham-ii-parody-as-all-encompassing.html Pastiche Kat Earlier today, The IPKat reported on the new referral to the Court of Justice of the European Union (CJEU) in the Pelham saga, this time concerning the notion of ‘pastiche’. While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/us-cafc-finds-obviousness-type-double.html The US Court of Appeal of the Federal Circuit (CAFC) recently considered the interaction between two peculiarities of the US patent system, patent term adjustment (PTA) and obviousness-type double patenting (ODP) (In re Cellect LLC). This is the first time that CAFC have considered the implications of PTA for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/european-parliament-approves-regulation.html Yesterday, the European Parliament adopted the Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. This will create a new, EU-wide system of sui generis GI protection for products such as ceramics or knives. The adopted text is available here. Up until... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/aldi-sud-may-not-sell-joop-and-calvin.html Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. To this end, they often choose to sell their goods through exclusive or selective distribution systems. If original goods are sold by third parties outside of the distribution... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/italy-strengthens-protection-of-pdos.html Italy strengthens protection of PDOs and PGIs On 23 August 2023, several amendments to the Italian Industrial Property Code (IPC) entered into force. The Law no. 102 dated 24 July 2023 is part of Italy’s National Recovery and Resilience Plan. The reform of the IPC is aimed at strengthening... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/interpretation-of-g-221-inventive-step.html The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 (T 0116/18). The minutes are brief but confirm the Board of Appeal’s decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_10.html If you’ve been too busy to stay up-to-date this week, never fear, the recap of the latest IP news and analysis is here: International Law Eleonora Rosati outlined the context and findings of a recent study that she was commissioned to produce for WIPO. The report examines the issues with determining... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/an-accelerating-engine-noise-is-not.html The EUIPO’s Operations Department (OD) has recently considered whether the sound of an accelerating engine noise can be registered as an EU trade mark (EUTM). The application for this sound mark was filed by Porsche. Porsche claimed protection for goods and services in Classes 9, 12, 28 and 41,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/unpacking-idc-v-lenovo-part-iv-top-down.html This is the final part of this Kat’s analysis on Interdigital v Lenovo FRAND judgment [2023] EWHC 539 (Pat). The first three parts can be found here, here, and here. Waiting for appeal SECTION 2 – INTERDIGITAL’S TOP-DOWN CROSS-CHECK InterDigital’s top-down case was advanced as a cross check for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/life-sciences-strategy-summit-on-ip.html After each of the Summit days, delegates can also relax at Munich “Kat-temple“ As reported by The IPKat a few weeks ago, this year’s Life Sciences Strategy Summit on IP & Exclusivity is taking place on 10-11 October at Hilton Munich Park. According to the organizers, this will be... Continue reading
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