In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/a-design-for-heated-socks-is-not.html In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3). The case featured various central issues in EU design law: from what a must-fit design is, through... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/sunday-surprises.html Here are the latest opportunities and events to find out about. A Kat in the Metaverse Events 28 February 2023: “Shaking the Good Old IP Kit: The Metaverse” Fide and TIPSA (Transatlantic Intellectual Property Academy) will present the 25th Global Digital Encounter on 28 February 2023. The topic of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/long-walk-to-copyright-reform-pt-5b.html This is the promised second part of the post reviewing the South African MPs’ opposition to the Copyright Amendment Bill (CAB). As stated in the first part, “[g]iven that the key concerns against the CAB was that if passed, it may end up before the ConCourt, it appears the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/plausibility-demystified-review-of-epo.html The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. In its preliminary opinion for G 2/21, the Enlarged Board of Appeal (EBA) raised some eyebrows by appearing to reference the standard test for sufficiency (IPKat).... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/long-walk-to-copyright-reform-5a.html Earlier this week, South Africa’s National Council of Provinces (NCOP) began the first set of public hearings on the Copyright Amendment Bill (CAB). Readers would recall that last year (2022) in September, a motion was moved and adopted in South Africa’s Parliament to support the adoption of the Copyright... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/guest-post-retromark-volume-xii-last.html Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months: Retromark Volume XII: the last six months in trade marks by Darren Meale Volume XII has taken a little longer than usual to pull... Continue reading
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
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