In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/short-jingle-not-protectable-as-sound.html The case law on sound marks is still developing in the EU. There has been a series of applications that have been rejected, including the sound of an accelerating electric car (discussed here), the opening and pouring of a can (discussed here) and a nursery rhyme (discussed here). In... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/dr-alan-white-obituary.html The IPKat is saddened to hear of the passing of Dr Alan White and send our condolences to his friends, family and colleagues. We share below a short obituary and details of the funeral, kindly sent to us by Stephen Jones, and Alan’s daughter, Hilary. Dr Alan White Dr... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/tuesday-wonders.html If your agenda still holds some free slots for events, opportunities and conferences, the IPKat is here to help you select the best IP-related ones. Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/cheddar-luck-next-time-for-cyprus-as-it.html What did the cheese say to itself in the mirror? Hallou-mi! This classic cheese joke featuring the world’s favourite squeaky cheese (author’s own view) did not feature in the recent decision (T-415/22) of the General Court of the European Union (the Court), which highlights the importance of properly defining the grounds of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/g-221-does-not-permit-armchair.html Interpretations of G 2/21 by the EPO Boards of Appeal have so far been reasonably patentee-friendly. Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent (IPKat, IPKat). The recent decision in T 0258/21, by contrast, is the first interpretation of G 2/21 leading... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/guest-post-reciprocity-in-copyright-law.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the Swedish Patent and Market Court of Appeal’s recent referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling pursuant to Article 267 TFEU... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/adding-matter-by-cherry-picking-from.html In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat), His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe (IPKat). The EPO takes a hard-line against amendments that cherry... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/guest-post-emergent-works-without.html The IPKat has received and is happy to host the following guest contribution by Katfriend Matt Blaszczyk on copyright protection of “authorless” works. The post summarizes the main findings of Matt’s article ‘Impossibility of Emergent Works’ Protection in U.S. and EU Copyright Law’, recently published in the North Carolina... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/tangfastic-news-euipo-rules-on.html In a recent decision (R 872/2023-4), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/10/epo-maintains-st26-sequence-listing.html The implementation of the new sequence listing format ST.26 by the EPO raises added matter risks for applicants. The ST.26 standard came into force in July 2022 and applies to all new European applications filed after this date, including divisionals. The applicant may therefore be required to convert the ST.25... Continue reading
Designed by Industrial Action
Copyright © 2024 OPUS IP Limited. All Rights Reserved
OPUS IP Limited: COMPANY & OTHER LEGAL INFORMATION