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[Guest post] Third-party registration of well-known foreign trade marks in the EU: The Frisby case

http://ipkitten.blogspot.com/2025/05/guest-post-third-party-registration-of.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Salvatore Marcenaro (Wolf Méndez Abogados Asociados) concerning a recent third-party attempt to register the well-known Colombian “FRISBY” trade mark in the EU. Here’s what Salvatore writes: Third-party registration of well-known foreign trade marks in... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/05/never-too-late-if-you-missed-ipkat-last_21.html Catch-up on last week’s IP news and events with the IPKat!CopyrightThe IPKat keeping up with the latest IP news (whiletaking a quick nap)Oliver Fairhurst analyzed the Kidron amendments in relation to the intersection of artificial intelligence and copyright law.Katfriend Seun Lari-Williams provided a guest post examining Nigeria’s recent copyright law.PatentsKatfriend... Continue reading
In: The IPKat BLOG

[Guest post] Nigeria’s Copyright Collective Management Regulations: Justice for Members Only?

http://ipkitten.blogspot.com/2025/05/guest-post-nigerias-copyright.html The IPKat has received and is pleased to host the following guest post by Katfriend Seun Lari-Williams (PhD researcher at the University of Antwerp), commenting on recent legislative changes to the Nigerian collective management system. Here is what Seun writes:In January 2025, Nigeria introduced new Collective Management Regulations (CMR)... Continue reading
In: The IPKat BLOG

Glaxo’s colour trade mark for inhalers invalidated

http://ipkitten.blogspot.com/2025/05/glaxos-colour-trade-mark-for-inhalers.html Abstract colour trade marks are notoriously difficult to protect in the EU, even in rather specialized product markets like that of inhalers. The German Patent Court recently invalidated Glaxo’s violet colour mark for such goods (case 25 W (pat) 29/22). Background In 2015, Glaxo obtained registration of German trade... Continue reading
In: The IPKat BLOG

An LLM is not (yet) a person skilled in the art (T 1193/23)

http://ipkitten.blogspot.com/2025/05/an-llm-is-not-yet-person-skilled-in-art.html In the new AI-age, where Large Language Models (LLMs) like ChatGPT can generate sophisticated textual answers in seconds, the relevance of AI to the patent industry is an active area of debate. The recent EPO Board of Appeal in T 1193/23 specifically questioned the reliability of LLM-generated interpretations for technical... Continue reading
In: The IPKat BLOG

First UPC decision to tackle infringement and validity of second medical claims (Sanofi v Amgen, UPC_CFI_505/2024)

http://ipkitten.blogspot.com/2025/05/first-upc-decision-to-tackle.html The complexities of patenting new uses for known medical substances were recently considered by the Düsseldorf Local Division in the UPC’s first decision on second medical use claims. The case of Sanofi v Amgen (UPC_CFI_505/2024) specifically addressed the novelty and infringement standards applicable to second medical use claims. The case is part... Continue reading
In: The IPKat BLOG

[Guest Post] Exhaustion of Trade Mark Rights and the Burden of Proof: Coty/Easycosmetic

http://ipkitten.blogspot.com/2025/05/guest-post-exhaustion-of-trade-mark.html The IPKat has received and is pleased to host the following guest post by Katfriend Diego Guerrero Obando (attorney at bureau Brandeis), commenting on a Dutch ruling on the burden of proof in a parallel trade case. Here is what Diego writes: On 16 April 2025, the District Court... Continue reading
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Government announces that UK+ IP exhaustion regime is here to stay

http://ipkitten.blogspot.com/2025/05/government-announces-that-uk-ip.html With all the usual excitement that comes with the announcement that “nothing will change,” the IPKat was interested to see the news today that the “UK+” IP exhaustion regime will remain in place.BackgroundAn exhausted Kat. Photo by Peng Louis.The exhaustion of intellectual property rights was a hot topic during... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/05/never-too-late-if-you-missed-ipkat-last_14.html Busy with work? Take a moment to stay up-to-date with the latest developments in the IP world!Trade MarksOliver Fairhurst explained a recent decision (O/0369/25) of the Opposition Division of the UKIntellectual Property Office applying SkyKick and upholding an opposition on bad faith grounds.Marcel Pemsel reviewed a recent decision (T-206/24)... Continue reading
In: The IPKat BLOG

Defining the undefinable: The challenges and opportunities for cell therapy IP

http://ipkitten.blogspot.com/2025/05/defining-undefinable-challenges-and.html IP strategy for cell therapies presents unique challenges compared to traditional pharmaceuticals and biologics. Previous posts have highlighted the limitations of process patents in cell therapy (IPKat) and the need to think strategically about how best to protect the product from fast-follower competition (IPKat). This post focusses on an... Continue reading