http://ipkitten.blogspot.com/2023/01/never-too-late-if-you-missed-ipkat-last_26.html
| A remarkably focused Kat |
If you missed last week’s IP posts, this is the perfect time to catch up.
Copyright
Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights, adopted in December 2022.
Neil Wilkof focused on the phenomenon of the cross-media franchise. This phenomenon illustrates the commercial potential of derivative works within the copyright system. In his post, Neil chose to develop his point through one of the first cross-media franchises in Germany, Lulu.
Trade marks
Marcel Pemsel wondered how to cancel degenerated trade marks. Marcel illustrated his point with the example of the German trade mark “Black Friday”.
Nedim Malovic analysed a recent decision of the EUIPO regarding the registration of Charlie Chaplin’s character “Charlot” as an EU trade mark (EUTM). The EUIPO upheld the Office’s objections after having established that the figurative depiction of Charlot is not eligible for EU trade mark registration.
Patents
Rose Hughes examined the decision in T-0605/20 issued by the Board of Appeal on 11 November 2022. The Board of Appeal considered the risks posed by hindsight in inventive step analysis where part of the invention is identification of the problem to be solved.
Other
Chijioke Okorie focused on identifying the principles that should guide African governments in realising the right to research in Africa.
Anastasiia Kyrylenko provided a review of “A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court” authored by Paul England. Most of the chapters of this book cover core issues of patent law. This includes patentability criteria, the person skilled in the art, patent claims, and supplementary protection certificates.
Hayleigh Bosher announced the IPKat Book of the Year Awards 2022 winners.
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