The IPKat BLOG – Page 86

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What does the Windsor Framework mean for UK SPCs?

http://ipkitten.blogspot.com/2023/03/what-does-windsor-framework-mean-for-uk.html Last week the UK Government announced a new agreement in principle, the Windsor Framework, between the UK and the EU on the flow of goods, including medicines, across the Irish Sea. The Windsor Framework does not mention intellectual property. However, changes to the system by which medicines are approved in the UK and... Continue reading
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[Guest post] Conference Report: Fifth IP & Innovation Researchers of Asia Conference

http://ipkitten.blogspot.com/2023/03/guest-post-conference-report-fifth-ip.html It is that time of the year once again – Katfriends Irene Calboli and Jacques de Werra provide IPKat readers with a summary of the Fifth IP & Innovation Researchers of Asia (IPIRA) Conference. The previous three IPIRA conference reports can be viewed here, here, here and here. Below... Continue reading
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Court clarifies meaning and application of Singapore’s distinctive judicial understanding of “Distinctiveness”

http://ipkitten.blogspot.com/2023/03/court-clarifies-meaning-and-application.html The courts of Singapore have seen a series of interesting developments in connection with distinctiveness under trade mark law. Kat friends Gillian Tan and Mark Teng discuss a recent decision that may provide some welcomed clarity on the issue. In November 2022, Twitter Inc. (“Twitter”) won a publicised trade... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2023/03/monday-miscellany.html Events Image by Riana Harvey John Kimbell KC – Deputy High Court Judge | Character in copyright and the character of copyright: reflections on Only Fools and Horses The University of East Anglia will be hosting John Kimbell KC on March 9. For more information and tickets, click... Continue reading
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Board of Appeal finds ViCo is now equivalent to in-person proceedings, and that G 1/21 “gold-standard” no longer applies (T 1158/20)

http://ipkitten.blogspot.com/2023/03/board-of-appeal-finds-that-vico-is-now.html In G1/21 the Enlarged Board of Appeal (EBA) found that mandatory ViCo oral proceedings were justified in a state of general emergency impairing the parties ability to attend in-person proceedings. However, in the absence of a state of general emergency, the EBA were unequivocal that in-person proceedings were the “gold-standard”,... Continue reading
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Another referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22)

http://ipkitten.blogspot.com/2023/03/another-referral-to-cjeu-concerning.html A new referral to the Court of Justice of the European Union (CJEU) has been recently made by the Higher Regional Court in Munich (OLG Munich) regarding the concept of “communication to the public” and its application to hotels’ activities. Louis-Michel in his hotel room The referral, which is... 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-lat.html As we reached the beginning of March, here is the first round-up post of the Spring month. Copyright Image by Pixabay Chijioke analysed in two parts (5A and 5B) the fifth aspect linked to the long walk to copyright reform in South Africa. In the first post she discussed... Continue reading
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[Guest post] The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs

http://ipkitten.blogspot.com/2023/03/guest-post-nft-hermes-case-mainly.html The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi). Here’s what Paolo writes: The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs by Paolo Maria Gangi Over the past few weeks a lot has been said about the decision... Continue reading
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Sweden gets into the Article 3 SPC referral game in AstraZeneca dapagliflozin case

http://ipkitten.blogspot.com/2023/03/sweden-gets-into-article-3-spc-referral.html This Kat was recently made aware that there will soon be another referral to the Court of Justice of the European Union (‘CJEU’) on Article 3(c) of the Regulation concerning the supplementary protection certificate (‘SPC Regulation’). There are already two referrals pending before the CJEU made by the Finnish... Continue reading
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Do you look under the saddle of your bike?

http://ipkitten.blogspot.com/2023/02/do-you-look-under-saddle-of-your-bike.html The legal situation regarding design protection for parts of a complex product in the EU is just that– complex. Design protection in the EU is granted for the appearance of the whole or a part of a product (Art. 1(a) of Directive 98/71, ‘Design Directive’). A product can be... Continue reading