The IPKat BLOG – Page 10

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New CJEU referral on interplay between bad faith and trade mark functionality

http://ipkitten.blogspot.com/2024/02/new-cjeu-referral-on-interplay-between.html Last month, the French Supreme Court (Cour de Cassation) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU). The text of the request (C-17/24) is not yet available on the CJEU’s website, but may be accessed through the national proceedings (No... Continue reading
In: The IPKat BLOG

Spanish Court finds that virtual exhibition of NFTs based on paintings is “harmless use”

http://ipkitten.blogspot.com/2024/02/spanish-court-finds-that-virtual.html In a recent decision (original Spanish here: link) Barcelona’s Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on... Continue reading
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The Cologne Cathedral is not Neuschwanstein

http://ipkitten.blogspot.com/2024/02/the-cologne-cathedral-is-not.html The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97). The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2024/02/saturday-sundries.html Here are the latest opportunities and events to find out about. A Kat waiting for new IP events Events 22 February 2024: SMEs and patent holdouts: how European SMEs fight back 4iPcouncil will hold a webinar titled “SMEs and patent holdouts: how European SMEs fight back on 22 February... Continue reading
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Guest Book Review: Teaching Intellectual Property Law

http://ipkitten.blogspot.com/2024/02/guest-book-review-teaching-intellectual.html This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review... Continue reading
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[Guest post] Can AI be considered a PHOSITA? Policy debates in the US and the EU

http://ipkitten.blogspot.com/2024/02/guest-post-can-ai-be-considered-phosita.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Anna Pokrovskaya (RUDN University, Intellectual Property Center “Skolkovo”) reviewing current debates in the US and the EU on the role that Artificial Intelligence (AI) may play in patentability considerations. Here’s what Anna writes: Can... Continue reading
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Board of Appeal proposes a substantially broader definition of “substance or composition” in second medical use claiming (T 1252/20)

http://ipkitten.blogspot.com/2024/02/board-of-appeal-proposes-substantially.html The recent Board of Appeal decision in T 1252/20 proposed a substantially broader category of products permissible for second medical use claiming. The Board of Appeal disagreed with the previous approach in the case law of restricting second medical use claiming to products having a chemical mode of action. For the Board of... Continue reading
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Inventorship guidance for AI-assisted inventions published by the USPTO

http://ipkitten.blogspot.com/2024/02/inventorship-guidance-for-ai-assisted.html On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024. The Guidance “provides instructions to examiners and stakeholders on... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/02/never-too-late-if-you-missed-ipkat-last_14.html If you’ve been too busy organising a grand romantic gesture for your loved one, not to worry, the IPKat has lovingly prepared this summary of the IP news from last week. Patents Happy Valentine’s Day from the IPKat!Photo by Jasmine Pang, via Pexels. This Kat highlighted the potential changes to... Continue reading
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Highlights from the new EPO Guidelines for Examination 2024

http://ipkitten.blogspot.com/2024/02/highlights-from-new-epo-guidelines-for.html The updated EPO Guidelines for Examination will enter into force on 1 March 2024. A draft version of the Guidelines can be previewed here. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority).... Continue reading