In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/guest-post-nigerians-new-copyright-act.html The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria’s President. Here’s what Desmond writes: Nigeria’s new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/sunday-surprises.html Image by Inge Wallumrød Another week is just about to start. If you are looking for events to attend, do take a look at the list below! The Chartered Institute of Patent Attorneys The Chartered Institute of Patent Attorneys (CIPA) is organizing a series of events over the next... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/never-too-late-if-you-missed-ipkat-last_29.html If you missed last week’s posts, it’s not too late to catch up. Copyright Chijioke Okorie reported that Nigeria amended its Copyright Act to ratify outstanding copyright treaties. The Copyright Act 2022 is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/genuine-use-and-principle-of.html Using a trade mark in its registered form is the safest way to establish genuine use, should it become necessary. However, brands develop over time and their presentation can change, the key driver usually being updating of the sign. Using the mark in a form differing from the registered... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/sunday-surprises.html We’re almost at the end of March now. Here are the latest events and opportunities. Calls and opportunities Bill Cornish Memorial Fund A fund to support doctoral researchers in intellectual property at University of Cambridge has been established in honour of Bill Cornish, a seminal figure in establishing... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/guest-post-expected-introduction-of.html The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. In G 2/21, the EBA consciously avoids the rabbit hole of plausibility, dismissing it as a generic catch word that does not amount to a distinctive legal concept. For the EBA,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/03/never-too-late-if-you-missed-ipkat-last_24.html Here’s what you missed since the last Never Too Late post. Book review Image by Pixabay Hayleigh Bosher reviewed the recently published ‘Guidebook to Intellectual Property (7th edition) authored by Sir Robin Jacob, Matthew Fisher and Lynne Chave. In the post a discount code was kindly provided for the... Continue reading
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