The IPKat BLOG – OPUS IP

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[UPCKat] UPC Court of Appeal’s PI ruling leaves open the possibility of using prosecution history as an aid for claim construction

http://ipkitten.blogspot.com/2024/07/upckat-upc-court-of-appeals-pi-ruling.html As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte, Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we... Continue reading
In: The IPKat BLOG

Book review: Enforcing Intellectual Property Rights

http://ipkitten.blogspot.com/2024/07/book-review-enforcing-intellectual.html What better way to start the summer than by reading an intellectual property book. This time, this Kat had the opportunity to review Jane Lambert’s book “Enforcing Intellectual Property Rights: A Concise Guide for Businesses, Innovative and Creative Individuals”, published earlier this year in its latest edition. Structure of... Continue reading
In: The IPKat BLOG

[Guest post] Germany: The House of Birkenstock – rise and fall under copyright law?

http://ipkitten.blogspot.com/2024/07/guest-post-germany-house-of-birkenstock.html Hopefully not standing on sweaty 🤢 Birkenstocks The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the ‘House of Birkenstock’ and the various IP rights they tried over time, including trade dress law, design law, and copyright law, with... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2024/07/never-too-late-if-you-missed-ipkat-last_23.html Join this new InternKat on her first post to catch up on what you might have missed! Tuesday Tiddlywinks Eleonora Rosati reported on various upcoming events and conferences in Bergen, Santiago de Chile, and London. Also, don’t forget to check the news she reported if you are a copyright... Continue reading
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[Guest post] Harmonized technical standards under EU copyright: the Public.Resource.Org judgment

http://ipkitten.blogspot.com/2024/07/harmonized-technical-standards-under-eu.html The IPKat has received and is pleased to host the following guest contribution by Sunimal Mendis (Tilburg University) and Olia Kanevskaia (Utrecht University) on the judgment of the Court of Justice of the European Union (CJEU) in C-588/21 P Public.Resource.Org, concerning copyright protection of technical standards and access to public... Continue reading
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Is a car key housing a component part of a car?

http://ipkitten.blogspot.com/2024/07/is-car-key-housing-component-part-of-car.html The repair clause in Art. 110(1) Community Design Regulation (‘CDR’) provides that the protection as a Community design shall not exist for a design which constitutes a component part of a complex product for the purpose of the repair of that complex product so as to restore its original... Continue reading
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[Guest post] BASMATI trade mark refused registration in New Zealand

http://ipkitten.blogspot.com/2024/07/guest-post-basmati-trade-mark-refused.html The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding another instalment, this time in New Zealand, of the long-running BASMATI IP saga. Here’s what Kimberley writes: BASMATI trade mark refused registration in New Zealand by Kimberley Evans Basmati rice is a... Continue reading
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UPC takes strong stance on therapeutic antibody inventions (Sanofi v Amgen, UPC_CFI_1/202)

http://ipkitten.blogspot.com/2024/07/upc-takes-strong-stance-on-therapeutic.html The Central Division of the UPC has issued its first revocation order (Sanofi v Amgen, UPC_CFI_1/202). The decision is not just remarkable for being the first decision of its kind. The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The Central... Continue reading
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The EleonORe Song

http://ipkitten.blogspot.com/2024/07/the-eleonore-song.html The Single’s cover Over the last month, this Kat had to relocate from Stockholm to Brussels. Amidst the hustle and bustle of moving, a wave of nostalgia hit, bringing back memories of his dear mentor and Italian friend, Eleonora. In that moment of longing, the desire to write a... Continue reading
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The nutritional benefits of baby formula is not a therapeutic use (T 0815/22)

http://ipkitten.blogspot.com/2024/07/the-nutritional-benefits-of-baby.html Second-medical use patents can be exceedingly valuable, given that they can provide significant additional exclusivity for an existing commercial product. Accordingly, there are strict requirements for what innovations qualify for the additional protection provided by second medical use claims. In T 0815/22, the Board of Appeal considered whether the nutritional benefits... Continue reading