Never too late: in case you missed the IPKat last week

Designs

Anna Maria Stein commented on a recent Italian Supreme Court’s decision concerning the jurisdiction of the Italian courts when determining whether harm has occurred within the jurisdiction in connection with requests for declaration of non-infringement of International Registered Designs (IRDs).

Copyright

Kevin Bercimuelle-Chamot reported on a recent Paris Court of Appeal decision on copyright infringement of an influencer’s photographs, discussing the artistic choices that the influencer made when realising her photographs and whether those would meet the originality threshold.

Geographical indications

Anastasiia Kyrylenko commented on a recent Paris First Instance Court decision regarding the “Piment D’Espelette” (Espelette pepper) PDO and whether there was infringement when the PDO was used in a domain name.

Patents

Rose Hughes reported on the EPO Board of Appeal’s decision in T 423/22 regarding witness credibility and ViCo, where they held that ViCo was a perfectly sufficient format for witness testimony, even when the entire outcome of a case rested on witness evidence.

Henry Yang followed up on his previous reporting on the Interdigital v Lenovo FRAND judgment of the High Court of England and Wales, and analysed in detail the first part (of three) of the judgement regarding comparable licenses and determination of a FRAND rate.

Trade marks

Marcel Pemsel analysed the CJEU’s ruling in C-654/21, which clarifies the scope of counterclaims on the basis of invalidity or revocation in response to an infringement action concerning an EU trade mark.

Other

Former Guest Kat Peter Ling discussed the “Einstein problem” of overlapping shapes, and how these shapes can be protected by intellectual property law.