• Book Review: Chokepoint Capitalism

    http://ipkitten.blogspot.com/2023/12/book-review-chokepoint-capitalism.html This is a review of Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back, by Rebecca Giblin and Cory Doctorow. What is chokepoint capitalism? Giblin and Doctorow explain: “Anticompetitive flywheels vary by industry, each chokepoint capitalist seeks to do the... Continue reading

  • The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

    http://ipkitten.blogspot.com/2023/12/the-vespa-appearance-italian-supreme.html A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. First, on 28 November, the Italian Supreme Court issued what appears to be a key – yet questionable... Continue reading

  • TEAM USA vs EUIPO – And the winner is…

    http://ipkitten.blogspot.com/2023/12/team-usa-vs-euipo-and-winner-is.html The decision practice of the EUIPO is not always consistent. This is particularly true for weakly distinctive or even non-distinctive elements such as the word ‘team’. The applications for ‘TEAM SCOTLAND’ (EUTM no. 15143027), ‘TEAM SERBIA’ (EUTM no. 17152851) and ‘TEAM UK’ (IR designating the EU no. 1447362) have... Continue reading

  • Sunday Surprises

    http://ipkitten.blogspot.com/2023/12/sunday-surprises.html While in the UK the cold weather is here to stay, warm up with some interesting IP opportunities.  Call For Papers – International Congress: “Towards a Responsible Development of the Metaverse” University of Alicante The Academic Chair for the Responsible Development of the Metaverse of the University of Alicante is... Continue reading

  • CJEU considers legal standing of collecting societies

    http://ipkitten.blogspot.com/2023/12/cjeu-considers-legal-standing-of.html In a recent ruling, the Court of Justice of the European Union (CJEU) has interpreted Art. 4 of Directive 2004/48/EC, which lists natural and legal persons that may seek the application of civil enforcement measures (C-201/22). The Court clarified that Member States are not obliged to allow collective management... Continue reading

  • IPKat Book of the Year Awards 2023

    http://ipkitten.blogspot.com/2023/12/ipkat-book-of-year-awards-2023.html It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards!    The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But... Continue reading

  • Spotify to cease operations in Uruguay over copyright laws

    http://ipkitten.blogspot.com/2023/12/spotify-to-cease-operations-in-uruguay.html As has been reported in the music press, the well-known digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country’s copyright laws regarding the remuneration of performers.   The law The law which Spotify refers to... Continue reading

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

    http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last.html If you’ve been sleeping on the IP news from the past week, it’s time to rise and shine! Here’s the summary of what you missed. Patents Looks like it’ll be a while before Bumpkin gets up-to-date with the IP news…  © Madi Hapi Annsley Merelle Ward informed readers of the latest commitment... Continue reading

  • Originality in copyright law: An objective test without any artistic merit requirement, recalls Arnold LJ

    http://ipkitten.blogspot.com/2023/11/originality-in-copyright-law-objective.html The GUIs at issue in THJ What does originality in copyright law mean? This is an evergreen – yet still vexed – question. Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354... Continue reading

  • Prosecco: a plant variety or geographical indication? Singapore Court says “both”!

    http://ipkitten.blogspot.com/2023/11/prosecco-plant-variety-or-geographical.html Tensions have once again bubbled up to the surface in the dispute between Australia and the European Union about protection of the sparkling wine, ‘Prosecco’, as a geographical indication. This time, the competing views were laid bare in the recent judgment of the Singapore Court of Appeal in Consorzio di Tutela... Continue reading