In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/the-free-evaluation-of-evidence-of.html Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts (IPKat). The question comes down to how much the principle of the free evaluation of evidence restricts the competency of the Boards to overturn findings of fact.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/guest-post-hong-kong-amendments-to.html The IPKat has received and is pleased to host the following guest contribution by former InternKat James Kwong (Norton Rose Fulbright) on the recent Hong Kong copyright reform, which entered into force a few days ago. Here’s what James writes: Hong Kong – Amendments to Copyright Ordinance with effect... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/mr-justice-zacaroli-finds-manufacturing.html Merpel only knows one computer language – TunaOS Back in March, Mr Justice Zacaroli handed down his decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd [2023] EWHC 581 in a copyright infringement and misuse of confidential information claim (and the accompanying employment contractual issues) relating to computer software which... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/netherlands-calling-with-10-discount-on.html This Kat has never really been to Amsterdam – Schiphol Airport does not count. So she was excited to learn that this year’s C5 Pharma and Biotech Patent Litigation Conference is being held in Amsterdam on 23-24 May 2023. This year’s session – no surprise – delves into what... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/never-too-late-if-you-missed-ipkat-last_9.html If you missed last week’s posts, it’s not too late to catch up. Meet the new king of Kats! Trade marks Nedim Malovic commented on the decision in T‑129/22 issued by the General Court. In its decision, the General Court considered ‘gymnastic and sporting articles’ and ‘games and toys’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/adding-glass-canopy-to-mosque-infringes.html In a recent decision, the Cologne Regional Court (LG Köln) found that adding a glass canopy to a mosque infringed the architect’s copyright and must be removed (14 O 12/22). Background This case involved the mosque’s architect (plaintiff) and the builder and owner of this mosque (defendant), without however... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/breaking-in-person-proceedings-are.html A Board of Appeal decision published today (T 2432/19) directly contradicts the previous decisions implementing G1/21. The Board of Appeal in T 2432/19 applies the clear direction from G1/21 that in-person proceedings should be the default in view of the inadequacies of current ViCo technology. In doing so, the Board of Appeal places itself in direct opposition to previous... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/ip-law-summer-school-returns-to.html The IPKat is pleased to report that the IP Law Summer School organized by Informa will take place between 7 and 11 August at the beautiful premises of Downing College in Cambridge. The programme touches upon all the main IP rights and participants will have an opportunity to learn... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/small-models-big-trouble-can-model-cars.html The CJEU held in Adam Opel that the use of a car manufacturer’s trade mark on model cars, registered for cars and toys, can constitute trade mark infringement. Subsequently, the German Supreme Court denied an infringement claim in Opel-Blitz II (discussed here), given the specifics of the German model... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/sunday-surprises.html Here’s the latest events and opportunities from the IPKat. G-IPTech Centre Inauguration Queen’s University Belfast will be launching its Global Intellectual Property and Technology (G-IPTech) Centre on June 5. The event will feature panels on globalisation, sustainability, creative economy, and fundamental rights. And Lord Justice Arnold will deliver... Continue reading
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