The IPKat BLOG – Page 85

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Are EU GIs a truly unitary right?

http://ipkitten.blogspot.com/2023/03/are-eu-gis-truly-unitary-right.html In early March, this Kat had the pleasure of attending a round table on EU geographical indications (GIs) law under the auspices of European Communities Trademark Association (ECTA). At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between... Continue reading
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Generative Artificial Intelligence: US Copyright Office denies registration

http://ipkitten.blogspot.com/2023/03/generative-artificial-intelligence-us.html On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn, a graphic novel that includes images created with the assistance of Midjourney, a generative Artificial Intelligence (AI) system. The case In September 2022, Ms. Kristina Kashtanova applied... Continue reading
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EPO tries to have its cake and eat it on claim interpretation (T 0169/20)

http://ipkitten.blogspot.com/2023/03/epo-tries-to-have-its-cake-and-eat-it.html The recent decision in T 0169/20 draws together two threads of Boards of Appeal case law on the relationship between the claims and description of a patent. The decision directly addresses the question of the role of the description in interpreting the language of the claims. The answer to this question... Continue reading
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When is a design dictated by its technical function?

http://ipkitten.blogspot.com/2023/03/when-is-design-dictated-by-its.html Designs are meant to protect the appearance of a product or a part thereof. Patents protect technical innovations. In order to demarcate both IP rights, Art. 8(1) of EU Regulation No. 6/2002 (‘Design Regulation’) stipulates:– A Community design shall not subsist in features of appearance of a product which... Continue reading
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Book review: International Copyright and Neighbouring Rights

http://ipkitten.blogspot.com/2023/03/book-review-international-copyright-and.html This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond, by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School). With sixteen... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2023/03/saturday-sundries.html A new miscellany post brings to your attention the following opportunities in the field of IP law. Scholarships Image by Pixabay The Organisation of the Iberian-American States (OEI) is offering 4 scholarships for postgraduates and 1 for a researcher on intellectual property law. The scholarships are addressed at people... Continue reading
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[Guest post] Critical review of recent design case law by the General Court

http://ipkitten.blogspot.com/2023/03/guest-post-critical-review-of-recent.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. Here’s what Henning writes: Critical review of recent design case law by the General Court by Henning Hartwig Since 1 May 2019, under... Continue reading
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Never too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/03/never-too-late-if-you-missed-ipkat-last.html Another week has come to an end but it’s not too late to catch up with the latest IPKat posts. Copyright Anastasiia Kyrylenko analysed a new referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22). A Kat in an hotel room Trade marks Giorgio... Continue reading
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Better late than never? Not if you want to avoid acquiescence!

http://ipkitten.blogspot.com/2023/03/better-late-than-never-not-if-you-want.html There can be many reasons for not taking action against a trade mark infringement, such as budget limitations or an unattractive risk-reward ratio. But not taking action may have serious consequences. Consider a trade mark owner who has acquiesced, for a period of five successive years, to third party’s... Continue reading
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[Guest post] “Say Thanks to a Woman”: How patents can help you (IWD special)

http://ipkitten.blogspot.com/2023/03/guest-post-say-thanks-to-woman-how.html On today’s International Women’s Day (IWD) The IPKat has received and is pleased to host a contribution by Katfriends Giorgia Golzio and Daniele Golzio reflecting on the contribution of women to technological advancement, with profiles of some notable female inventors throughout history being reviewed too. Here’s what Giorgia and... Continue reading