The IPKat BLOG – Page 91

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CJEU rules out that EU trade mark law governs regime applicable to jointly owned trade mark

http://ipkitten.blogspot.com/2023/04/cjeu-rules-out-that-eu-trade-mark-law.html Legea-branded jersey … Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? This was the key question at the centre of Legea, C-686/21, a referral from the Italian Supreme Court asking specifically about this having regard to the EU... Continue reading
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Never too late: in case you missed the IPKat last week

http://ipkitten.blogspot.com/2023/04/never-too-late-in-case-you-missed-ipkat.html Never too late: in case you missed the IPKat last week Here’s what you missed from the IPKat last week. Copyright Former Guest Kat Jan Jacobi reported on a Dutch referral to the CJEU about Article 2(7) of the Berne Convention in connection with designer chairs, the issue... Continue reading
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[Guest post] The EU Commission’s proposal to codify visual disclaimers – a great leap for EU design law

http://ipkitten.blogspot.com/2023/04/guest-post-eu-commissions-proposal-to.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the EU Commission’s recent proposal to codify visual disclaimers in EU design law. Here’s what Henning writes: The EU Commission’s proposal to codify visual disclaimers – a great leap... Continue reading
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How to prove disclosure of earlier designs?

http://ipkitten.blogspot.com/2023/04/how-to-prove-disclosure-of-earlier.html A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date (Art. 4(1), 7 of Regulation 6/2002, ‘Design Regulation’). A prior design is disclosed where it has been published following registration or otherwise, or... Continue reading
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First the leak and now the question: Will the European Commission go forward with its IP Action plan?

http://ipkitten.blogspot.com/2023/04/first-leak-and-now-question-will.html Kat friend Roya Ghafele reports on the leaked draft of the European Commission IP Action plan and its possible consequences. What can be more exciting than reading a leaked document. This was my first thought in seeing emails in my mailbox containing a copy of the ‘leaked’ European Commission... Continue reading
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WIPO publishes Guide to Patent Case Management for Judges

http://ipkitten.blogspot.com/2023/04/wipo-publishes-guide-to-patent-case.html BusyBee – part Kat, part bee, all honey,no sting With spring slowly awakening northern Europe, the AmeriKat’s friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges. The Guide, which is... Continue reading
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When generating antibodies for a target is more than routine (T 0435/20)

http://ipkitten.blogspot.com/2023/04/when-generating-antibodies-for-target.html The patent case law in Europe and the US diverges on the question of how routine it is to find new antibodies for a known target. In the US, claims directed to a group of antibodies functionally defined by the sequence of their target (so-called epitope claims), generally fall... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/04/sunday-surprises_23.html Image by Bekka Mongeau via Pexels The last week of April is just about to start, and through whatever Spring weather you may be experiencing here you can find some interesting events to hold you over until May. OxFirst’s FRAND Royalty Rate Determination – Tuesday 25 April The webinar... Continue reading
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Botox raises eyebrows: Australian High Court clarifies law on reputation

http://ipkitten.blogspot.com/2023/04/botox-raises-eyebrows-australian-high.html Kat friend Ann-Kathrin Goller discusses a recent decision in Australia that portends a significant departure from the approach taken in many jurisdictions regarding the role of reputation in a trademark infringement dispute. There has been considerable uncertainty and inconsistency as to whether reputation in either the allegedly infringing or... Continue reading
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Event Report: BIE Symposium raises questions on Arrow declarations in the UPC

http://ipkitten.blogspot.com/2023/04/event-report-bie-symposium-raises.html Team Netherlands get together to discusskey UPC issues It is a rainy morning in New York as the AmeriKat contemplates how limited sun the sunrise period of the Unified Patent Court (UPC) has seen both here and in Europe. But for what we are lacking in Spring weather, it... Continue reading