In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/monday-miscellany.html Events Image by Riana Harvey John Kimbell KC – Deputy High Court Judge | Character in copyright and the character of copyright: reflections on Only Fools and Horses The University of East Anglia will be hosting John Kimbell KC on March 9. For more information and tickets, click... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/board-of-appeal-finds-that-vico-is-now.html In G1/21 the Enlarged Board of Appeal (EBA) found that mandatory ViCo oral proceedings were justified in a state of general emergency impairing the parties ability to attend in-person proceedings. However, in the absence of a state of general emergency, the EBA were unequivocal that in-person proceedings were the “gold-standard”,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/another-referral-to-cjeu-concerning.html A new referral to the Court of Justice of the European Union (CJEU) has been recently made by the Higher Regional Court in Munich (OLG Munich) regarding the concept of “communication to the public” and its application to hotels’ activities. Louis-Michel in his hotel room The referral, which is... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/never-too-late-if-you-missed-ipkat-lat.html As we reached the beginning of March, here is the first round-up post of the Spring month. Copyright Image by Pixabay Chijioke analysed in two parts (5A and 5B) the fifth aspect linked to the long walk to copyright reform in South Africa. In the first post she discussed... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/guest-post-nft-hermes-case-mainly.html The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi). Here’s what Paolo writes: The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs by Paolo Maria Gangi Over the past few weeks a lot has been said about the decision... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/sweden-gets-into-article-3-spc-referral.html This Kat was recently made aware that there will soon be another referral to the Court of Justice of the European Union (‘CJEU’) on Article 3(c) of the Regulation concerning the supplementary protection certificate (‘SPC Regulation’). There are already two referrals pending before the CJEU made by the Finnish... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/do-you-look-under-saddle-of-your-bike.html The legal situation regarding design protection for parts of a complex product in the EU is just that– complex. Design protection in the EU is granted for the appearance of the whole or a part of a product (Art. 1(a) of Directive 98/71, ‘Design Directive’). A product can be... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/a-slogan-that-consists-only-of.html On 15 February 2023, the General Court of the European Union issued its judgment in case T-204/22 (Rimini Street, Inc. v EUIPO) involving American company Rimini Street, Inc. and the EUIPO. The case deals with the topic of whether the registration of slogans is allowed by EU trade mark... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/a-green-slogan-is-not-trademark-says.html The General Court has recently confirmed with decision T-253/22the refusal of the application for trade mark registration of the verbal sign “Sustainability through Quality”. Background German company Groschopp AG Divers & More filed an application for EU trade mark registration of the verbal sign “Sustainability through Quality” in classes... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/02/google-successfully-opposed-marks.html On 1 February 2023, the General Court of the EU issued two judgments (T-568/21 and T-569/21 – Zoubier Harbaoui v EUIPO) on two trade mark oppositions filed by Google with the EUIPO against the trade mark applications for the signs “GOOGLE CAR” and “GC GOOGLE CAR”. The company was... Continue reading
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