In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/what-trade-mark-disclaimers-have-to-do.html It is generally understood in trade mark jurisprudence that distinctiveness is a hallmark of trade mark registration and protection. In this regard, trade mark disclaimers exist to ‘free up’ non-distinctive and/or insufficiently distinctive parts of a trade mark while saving the parts of such mark that are distinctive. Following... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/applying-g-221-preliminary-opinion-from.html Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. In G 2/21, the EBA reiterated existing case law that,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/book-review-intellectual-property.html This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection, edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/spotify-sony-music-and-streamz.html On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. Some of its provisions have now been challenged in front of the Belgian Constitutional Court. Of particular note... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/sunday-surprises_18.html Here’s the latest events, opportunities, and miscellany from the IPKat. A Kat ready to grab a new job opportunity Job opportunity: Legal Officer WIPO is currently looking to recruit a legal officer. Click here to apply. Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/the-ipkat-uk-economics-of-streaming.html Readers may have been following the IPKat reporting on the UK Economics of Music Streaming Inquiry [background here, previous update here]. Progress continues to be made and here are the latest developments: Progress! Music to our ears.Image: Riana Harvey Meta Data Agreement As part of the Industry Working Group... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/going-copyright-bananas-maurizio.html “Perhaps I’ll be remembered in history as the banana imbecile”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/never-too-late-if-you-missed-ipkat-last_14.html As the celebrations for the 20th birthday of the IPKat have come to an end, here is what you missed last week from the IPKat. 20 Years of the IPKat Image by Riana Harvey Eleonora Rosati reported on the first part of the IPKat’s 20th Birthday Conference. In this... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/automatic-pan-eu-injunctions-for.html Trade marks with a reputation enjoy a broader scope of protection than the ‘average’ mark. For infringement to be found, the goods or services need not be similar, and a faint degree of similarity between the signs is sufficient. But does the scope of protection go so far that... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/the-ipkats-20th-birthday-conference_11.html Following the other reports on The IPKat’s 20th Birthday Conference held earlier this week in London (Part 1, Part 2, Part 3), here’s the final report, covering the panel session. Perceived dullness of patent cases there was none in the third panel discussion of the day on the best and... Continue reading
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