The IPKat BLOG – Page 104

In: The IPKat BLOG

Digital art protectable under copyright? Yes, says the Italian Supreme Court

http://ipkitten.blogspot.com/2023/02/digital-art-protectable-under-copyright.html As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI – Radiotelevisione Italiana. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a... Continue reading
In: The IPKat BLOG

Friday Fantasies

http://ipkitten.blogspot.com/2023/02/friday-fantasies.html A Kat trying to submit a paper A new month has begun and, together with that, here are the latest opportunities and events to find out about. Events 24 February 2023: “What Does My Claim Cover?” UNION-IP will hold an event, titled “What Does My Claim Cover? – Intended... Continue reading
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[Guest post] Under the influence: Influencer marketing – when private individuals become professionals and (potentially) responsible for IP infringements

http://ipkitten.blogspot.com/2023/02/guest-post-under-influence-influencer.html The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen, Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. Here’s what they write: Under the influence: Influencer marketing – when private individuals become professionals... Continue reading
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[Guest post] Litigation commenced against the developers of AI image generation software

http://ipkitten.blogspot.com/2023/02/guest-post-litigation-commenced-against.html Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. In just the past year the IPKat has hosted a number contributions... Continue reading
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Never too late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2023/02/never-too-late-if-you-missed-ipkat-last.html We can’t believe it’s already February. Here’s what you missed last week. Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection... Continue reading
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Daniel Alexander KC says “no” on indemnity costs, blanket confidentiality orders and permission to appeal in Oxford University Innovation dispute

http://ipkitten.blogspot.com/2023/01/daniel-alexander-kc-says-no-on.html The AmeriKat ignoring you after being told“no” A few weeks ago, the IPKat reported on the decision in Oxford University Innovation v Oxford Nanoimaging [2022] EWHC 3200 (IPKat report here). In that case (at a whopping 651 paragraphs), the Court held that students can, in certain situations, be “consumers” vis... Continue reading
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The Geographical Indications movement: How does Africa play its hand?

http://ipkitten.blogspot.com/2023/01/the-geographical-indications-movement.html According to Voltaire, “each player must accept the cards life deals him or her; but once they are in hand, he or she alone must decide how to play the cards in order to win the game.” This quote best encapsulates The legal construction of geographical indications in Africa... Continue reading
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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

http://ipkitten.blogspot.com/2023/01/confidentiality-restrictions-around.html The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients... Continue reading
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Bad faith unleashed

http://ipkitten.blogspot.com/2023/01/bad-faith-unleashed.html Bad faith is probably one of the most wide-ranging concepts in trade mark law. According to the CJEU in Sky and Others, it applies to any situation– “where it is apparent […] that the proprietor of a trade mark has filed the application for registration of that mark not... Continue reading
In: The IPKat BLOG

Geographical Indications and the Versailles Peace Treaty of 1919: Then and Now

http://ipkitten.blogspot.com/2023/01/geographical-indications-and-versailles.html This Kat has recently been researching the impact of wars on geographical indications (GIs). She would like to share with Kat readers some thoughts on how features of the Versailles Peace Treaty of 1919 and its aftermath resonate with the modern-day GI legislation. Background The Treaty of Versailles was... Continue reading