The IPKat BLOG – Page 103

In: The IPKat BLOG

Book Review: Intellectual Property and Development – Geographical Indications in Practice

http://ipkitten.blogspot.com/2023/04/book-review-intellectual-property-and.html This Kat has been savouring “Intellectual Property and Development – Geographical Indications in Practice” by Barbara Pick (Routledge, 2022) and is ready to share her review! The book consists of two parts, comprised of nine chapters. Part I opens with an introductory chapter. The research objective is to evaluate,... Continue reading
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Never too late: if you missed the IPKat this week

http://ipkitten.blogspot.com/2023/04/never-too-late-if-you-missed-ipkat-this.html We may be in April now, but here’s what you missed from the IPKat back in March. Copyright Guest contributor Desmond Oriakhogba discussed the impact of Nigeria’s new Copyright Act 2022 on libraries, and how they stand to benefit from a range of exceptions in the act... Continue reading
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[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

http://ipkitten.blogspot.com/2023/04/guest-post-siae-vs-meta-no-more-italian.html The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. Here’s... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2023/04/friday-fantasies.html The time for chocolate eggs is here. But it is also time to take stock of the latest IP events and opportunities. A Kat hunting for chocolat eggs Events 26 April 2023: IPAN’s World IP Day event The Intellectual Property Awareness Network (IPAN) will organize its World IP Day... Continue reading
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Looking beyond ST.26: Is it time for patent offices to enter the bioinformatic age?

http://ipkitten.blogspot.com/2023/04/looking-beyond-st26-is-it-time-for.html There has been much discussion regarding the implementation of the new sequence listing requirement for patent applications, ST.26 (IPKat). This Kat proposes taking a step back from the legal minutiae of ST.26 implementation to ask a more fundamental question. In a world in which incalculable amounts of sophisticated sequence data... Continue reading
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Tales of two bunnies: Miffy’s trade mark owner prevents registration of rabbit mark for sex toys

http://ipkitten.blogspot.com/2023/04/tales-of-two-bunnies-miffys-trade-mark.html This decision concerns an opposition to a figurative trade mark registration based on Article 8(5) EUTMR. In particular, the Board of Appeal (BOA) had to rule on the demonstration of the high reputation of the opponent’s trade mark (representing the face of the character Miffy) and the risk of... Continue reading
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AIPPI UK Event Report: Roundup of 2022’s Patent Cases

http://ipkitten.blogspot.com/2023/04/aippi-uk-event-report-roundup-of-2022s.html The AmeriKat hunkering down to a belatedChristmas meal of kibble Back in the dark depths of January, the great, the good and the cold of patents practitioners were invited to gather at Hogan Lovells’ London office to attend the AIPPI’s annual patent round-up. Andrew Lykiardopoulous KC and Henry Edwards... Continue reading
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[Guest post] Virtual wars: Exploring legal boundaries in the gaming world

http://ipkitten.blogspot.com/2023/04/guest-post-virtual-wars-exploring-legal.html The IPKat has received and is please to host the following contribution by Katfriends Jakob Plesner Mathiasen and Paul Sina (both Gorrissen Federspiel Denmark) concerning IP and gaming. Here’s what they write: Virtual wars: Exploring legal boundaries in the gaming world by Jakob Plesner Mathiasen and Paul Sina The... Continue reading
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‘FUCKING AWESOME’ not protectable as an EU trade mark

http://ipkitten.blogspot.com/2023/04/fucking-awesome-not-protectable-as-eu.html The internationally recognised test for registerability of a trade mark is distinctiveness. The legal bases are Art. 6quinquies B. (ii) of the Paris Convention and Art. 5(1) of the Madrid Protocol for the member states of these international treaties. However, the threshold for what constitutes distinctiveness varies. While the... Continue reading
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Germany’s Federal Court of Justice applies CJEU Cofemel guidance, considering it ‘clear’ that works of applied art are to be treated like other works and no new CJEU referral is needed

http://ipkitten.blogspot.com/2023/04/germanys-federal-court-of-justice.html What are the requirements for protection of a work (defined in accordance with Levola Hengelo: IPKat posts here) under EU copyright? As early as Infopaq (Kat-10th anniversary post here) it became clear that not only should there be an EU-wide approach to the foundational requirements of copyright protection but... Continue reading