The IPKat BLOG – Page 75

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[Guest post] How should intellectual property licences be treated in insolvency? Some critical reflections on the Commission Proposal 2022/0408/COD

http://ipkitten.blogspot.com/2023/05/guest-post-how-should-intellectual.html The IPKat has received and is pleased to host the following guest contribution by Guillem Gabriel-Pizarro (PhD candidate, European University Institute) on the recent proposal for an EU directive in insolvency law and how it relates to IP licences. Here’s what Guillem writes: How should intellectual property licences be... Continue reading
In: The IPKat BLOG

“EMMENTALER” cannot be an EUTM, says the General Court

http://ipkitten.blogspot.com/2023/05/emmentaler-cannot-be-eutm-says-general.html With a decision dated 24 May 2023, the General Court (GC) held that the term “EMMENTALER”, as designating a type of cheese, cannot be protected as European Union trade mark (EUTM), having a descriptive character in part of the European Union (EU), which may be a single Member State (in... Continue reading
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A musical box infringes author’s moral rights, says the French Cassation Court

http://ipkitten.blogspot.com/2023/05/a-musical-box-infringes-authors-moral.html Kat readers who have been to Paris surely remember the numerous shops selling musical boxes. Such musical boxes, especially popular among tourists, commonly feature classical French songs. In recent years, they also became the protagonist in a protracted litigation that reached the French Cassation Court. The case went as... Continue reading
In: The IPKat BLOG

Book Review: Overlapping Intellectual Property Rights (Second Edition)

http://ipkitten.blogspot.com/2023/05/book-review-overlapping-intellectual.html This Kat is pleased to review the “Overlapping Intellectual Property rights”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Now in its second edition, the book offers a perspective on how one can address the overlap... Continue reading
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The copyright adventure of two typefaces: Is the Spectral font infringing?

http://ipkitten.blogspot.com/2023/05/the-copyright-adventure-of-two.html Copyright infringement cases often involve works of art, literature, or design. This recent French decision gives us an opportunity to look at a rarer case, that of copyright infringement in a typeface. A very Kat font Background The facts deserve some attention. In 1994, Mr X, a pioneer... Continue reading
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A right to information when there’s no IP: CJEU discusses the scope of Article 8 Enforcement Directive

http://ipkitten.blogspot.com/2023/05/a-right-to-information-when-theres-no.html Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here). This question was whether, under Article 8(1) Enforcement Directive (2004/48/EC) (the Enforcement Directive), a... Continue reading
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The Nice Classification conundrum

http://ipkitten.blogspot.com/2023/05/the-nice-classification-conundrum.html Understanding the Nice Classification can be challenging. For instance, why do alcoholic beverages fall in class 33, except for (alcoholic) beer, which falls in class 32? Why are there two classes for beverages, while other classes, such as class 9, cover a broad range of goods, which could easily... Continue reading
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[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

http://ipkitten.blogspot.com/2023/05/guest-post-what-if-ai-wrote-this-post.html This post is brought to you by Oprah Nwobike, who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat’s Dr Hayleigh Bosher. Impact of AI in the creative industries How would you feel... Continue reading
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Never Too Late: If you missed the IPKat last week

http://ipkitten.blogspot.com/2023/05/never-too-late-if-you-missed-ipkat-last_22.html Here is what you missed from the IPKat last week. Patents Image by Pixabay via Pexels Hayleigh Bosher reported on the UK IPO latest update on its new patent service that, in the next 12 months, will dramatically transform the process of applying for a patent. Anna Maria Stein... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2023/05/friday-fantasies.html Here are the latest opportunities and events to find out about. A Kat playing outside Copyright 25 May 2023: “Respect for IP Webinars: Copyright Infringement Issues in the Metaverse”. On 25 May 2023 WIPO will hold a webinar on “Copyright Infringement Issues in the Metaverse”. This webinar will delve... Continue reading