The IPKat BLOG – Page 99

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[Guest post] Litigation commenced against the developers of AI image generation software

http://ipkitten.blogspot.com/2023/02/guest-post-litigation-commenced-against.html Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. In just the past year the IPKat has hosted a number contributions... Continue reading
In: The IPKat BLOG

Never too late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2023/02/never-too-late-if-you-missed-ipkat-last.html We can’t believe it’s already February. Here’s what you missed last week. Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection... Continue reading
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Daniel Alexander KC says “no” on indemnity costs, blanket confidentiality orders and permission to appeal in Oxford University Innovation dispute

http://ipkitten.blogspot.com/2023/01/daniel-alexander-kc-says-no-on.html The AmeriKat ignoring you after being told“no” A few weeks ago, the IPKat reported on the decision in Oxford University Innovation v Oxford Nanoimaging [2022] EWHC 3200 (IPKat report here). In that case (at a whopping 651 paragraphs), the Court held that students can, in certain situations, be “consumers” vis... Continue reading
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The Geographical Indications movement: How does Africa play its hand?

http://ipkitten.blogspot.com/2023/01/the-geographical-indications-movement.html According to Voltaire, “each player must accept the cards life deals him or her; but once they are in hand, he or she alone must decide how to play the cards in order to win the game.” This quote best encapsulates The legal construction of geographical indications in Africa... Continue reading
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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

http://ipkitten.blogspot.com/2023/01/confidentiality-restrictions-around.html The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients... Continue reading
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Bad faith unleashed

http://ipkitten.blogspot.com/2023/01/bad-faith-unleashed.html Bad faith is probably one of the most wide-ranging concepts in trade mark law. According to the CJEU in Sky and Others, it applies to any situation– “where it is apparent […] that the proprietor of a trade mark has filed the application for registration of that mark not... Continue reading
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Geographical Indications and the Versailles Peace Treaty of 1919: Then and Now

http://ipkitten.blogspot.com/2023/01/geographical-indications-and-versailles.html This Kat has recently been researching the impact of wars on geographical indications (GIs). She would like to share with Kat readers some thoughts on how features of the Versailles Peace Treaty of 1919 and its aftermath resonate with the modern-day GI legislation. Background The Treaty of Versailles was... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2023/01/friday-fantasies.html It is nearly the end of January. Here is the latest report on the interesting opportunities and events happening in the next few months. 2023 ISHTIP WORKSHOP Image by Riana Harvey The International Society for the History and Theory of Intellectual Property (ISHTIP) at the Tel Aviv University will held its 14th Annual... Continue reading
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Pandemic measures cease but ViCo Boards of Appeal oral proceedings continue

http://ipkitten.blogspot.com/2023/01/pandemic-measures-cease-but-vico-boards.html The EPO has announced the cessation of pandemic measures. The announcement (here) states that going forward it will now be at the discretion of individual Boards of Appeal to summon parties to and conduct oral proceedings either in person or by VICO. The EPO has also launched a user... Continue reading
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When is an IP agreement between a university and a student inventor unfair?

http://ipkitten.blogspot.com/2023/01/when-is-ip-agreement-between-university.html In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). In this 650-paragraph judgement, the court ruled that students can in certain situations be “consumers” vis a vis the university under... Continue reading