The IPKat BLOG – Page 98

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Progress report on UK Economics of Music Streaming Recommendations

http://ipkitten.blogspot.com/2022/11/progress-report-on-uk-economics-of.html This Kat visiting Parliament Readers will remember that the UK Economics of Music Streaming Inquiry [full Kat coverage here] took place last year. The DCMS Select Committee Report following the Inquiry made several recommendations, and the government responded with general agreement and action for further steps. On Tuesday 15th... Continue reading
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Another Board of Appeal enters the fray on description amendments (T 3097/19)

http://ipkitten.blogspot.com/2022/11/another-board-of-appeal-enters-fray-on.html Board of Appeal decisions considering description amendments are now so frequent that PatKat can only just keep up. Hot on the heels of T 2194/19 (IPKat), comes yet another decision addressing the legal basis for the description amendment requirement (T 3097/19). The Board of Appeal in this latest decision explicitly... Continue reading
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Italian Supreme Court admits possibility of global delisting/removal orders … at least under Italian law

http://ipkitten.blogspot.com/2022/11/italian-supreme-court-global-delisting.html Unforgettable Kat … What can be the territorial scope of an injunction requiring a search engine to delist certain search results? This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also... Continue reading
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A tale of Black Friday

http://ipkitten.blogspot.com/2022/11/a-tale-of-black-friday.html While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word... Continue reading
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EPO President puts ViCo in opposition and examination on a permanent footing

http://ipkitten.blogspot.com/2022/11/epo-president-puts-vico-in-opposition.html The EPO has announced the EPO President’s decision to make ViCo the default format for all opposition and examining oral proceedings from 1 January 2023. The President’s Decision precedes the end of the ViCo pilot program at the end of this year and puts the use of ViCo at first instance... Continue reading
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General Court reminds that in invalidity proceedings EUIPO Boards of Appeal can only review arguments submitted by parties (failing to do so also breaches EU Charter of Fundamental Rights)

http://ipkitten.blogspot.com/2022/11/general-court-reminds-that-in.html In contrast to proceedings related to relative grounds for refusal, invalidity proceedings are different in that the examination by the Cancellation Division and the EUIPO Boards of Appeal are limited to the grounds and arguments submitted by the parties (Article 95 (1) of Regulation 2017/1001 (EUTMR)). The now said... Continue reading
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[Survey] Have you been able to access the UPC’s Case Management System via strong authentication?

http://ipkitten.blogspot.com/2022/11/survey-have-you-been-able-to-access.html The IPKat falling asleep at the word“authentication procedure”…. The Unified Patent Court has been a long time coming. So long that one might have thought every possible niggle may have been resolved. But like many lawyers, it takes an impending deadline to identify issues that need to be solved. ... Continue reading
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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

http://ipkitten.blogspot.com/2022/11/guest-post-can-owner-of-artistic-work.html A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the... Continue reading
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[Guest post] AG Rantos: existence of IP right does not need to be proven for action to obtain information under Article 8 Enforcement Directive

http://ipkitten.blogspot.com/2022/11/guest-post-ag-rantos-existence-of-ip.html The IPKat is pleased to host the following post by former GuestKat Jan Jacobi, analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement... Continue reading
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Is use of a sign in commerce in a different form from how it was registered genuine use of that trade mark?

http://ipkitten.blogspot.com/2022/11/is-use-of-sign-in-commerce-in-different.html Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in a judgment (Case T-273/21) from October this year, the General Court found that use of a three-dimensional EUTM with additional figurative and word elements to how such sign was register did not alter the distinctive... Continue reading