In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/vodafone-loses-its-appeal-in-patent.html In a rare turn of legal decision-making, Vodafone has paid almost £1 million in costs for infringing a patent since revoked by the European Patent Office (EPO) – a state of affairs that the Court of Appeal says it cannot overturn. Is this injustice or the inevitable result of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/supreme-court-of-china-casted-punitive.html In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. On the contrary: it has embraced them as a useful tool. In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/never-too-late-in-case-you-missed-ipkat.html This Kat hopes you have had a wonderful week. Here’s what you missed from the IPKat last week: Copyright Chiara Gallo reported on the happenings at this year’s edition of the Sanremo Music Festival, and discussed how Italian copyright and criminal law protect street art. Geographical indications Anastasiia Kyrylenko analysed... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/spotting-difference-between-priority.html Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. A recent decision from the Board of Appeal (T 1303/18) confirmed the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/highlights-from-new-epo-guidelines-for.html The updated EPO Guidelines for Examination will enter into force on 1 March 2023. A draft version of the Guidelines can be previewed here. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/sentiti-libera-from-street-art-in-genoa.html While Sanremo is over for this year, this Kat is still musing on possible IP issues during the most appreciated Italian music show. The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/common-law-doctrines-and-patent.html Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee’s claim for patent infringement in South Africa? This was the key question before South Africa’s apex court, the Constitutional Court in Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/sunday-surprises_19.html Image by Pixabay This week’s miscellany post brings new conferences and announcements. Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES, the European Association of Trade Mark Owners, will host the event “Question to the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/when-amazon-is-not-liable-for-unlawful.html The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. In simple terms, anyone can sign up free of charge as an ‘affiliate’ and place links on her/his website to products sold on amazon.com. If a user clicks on the link and buys a product, the affiliate... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/using-horizontal-central-black-stripe.html This Kat finally got her paws on the Paris Appeal Court decision in the Morbier case (RG n°21/16539). This case involved a dispute between the producers of a protected denomination of origin (PDO) for cheese– “Morbier”, and the producers of Montboissié cheese, focusing on the use of a horizontal... Continue reading
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