• Commission unveils Article 17 Guidance: 3 highlights

    http://ipkitten.blogspot.com/2021/06/commission-unveils-article-17-guidance.html Today, after several months of waiting and with the deadline for the national transposition of the DSM Directive being just a weekend away (it will be on Monday, 7 June), the European Commission has issued its Guidance on the application of Article 17.  Here are 3 key highlights: Article 17... Continue reading

     
  • Book Review: The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim

    http://ipkitten.blogspot.com/2021/06/book-review-trans-pacific-partnership.html This Kat is delighted to review “The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim”, by Matthew Rimmer (Edward Elgar Publishing, 2020, 616 pp). The Trans-Pacific Partnership (TPP) was a mega-regional agreement, which involved 12 negotiating states, including the US. After the US withdrew from the negotiations,... Continue reading

     
  • Never Too Late: if you missed the IPKat last week

    http://ipkitten.blogspot.com/2021/06/never-too-late-if-you-missed-ipkat-last.html Let’s catch up with the IPKat’s whereabouts… Time to catch up! PATENTS The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing without the consent of all parties. The rapidly scheduled public hearing will... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2021/06/around-ip-blogs.html This Kat is feeling wistful With temperatures heating up for Northern Hemisphere Kat friends, why not stay cool and take a look around the IP blogs? Copyright Ahead of the 7 June transposition deadline, the Kluwer Copyright Blog assessed Italy’s ongoing efforts to implement the CDSM Directive.  CREATe (University of... Continue reading

     
  • Reference to a hybridoma does not limit a product-by-process antibody claim (T 0032/17)

    http://ipkitten.blogspot.com/2021/06/reference-to-hybridoma-does-not-limit.html Antibodies were recently awarded their own section in the latest EPO Guidelines for Examination (IPKat). This reflects that the complex and specific case law pertaining to antibody inventions. One such complexity are the provisions provided for the definition of an antibody by reference to a deposited hybridoma (Rule 31 EPC).... Continue reading

     
  • [Guest post] Copyright Gunfight at the O.K. Corral: A Fistful of Dollars vs Rango before the Court of Rome

    http://ipkitten.blogspot.com/2021/06/guest-post-copyright-gunfight-at-ok.html Can fictional characters be protected by copyright? This is a question that is both intriguing and difficult to answer, as the variety of tests adopted by courts in different jurisdictions also demonstrates. The Rome Court of First Instance has recently had to tackle this question, as Katfriends Fabio Ghiretti... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2021/05/around-ip-blogs_30.html Patents Lvcentinvs discussed at length a recent decision by the Brazilian Supreme Court, where the rules for calculating the term of protection for patents and utility models have been changed. The decision in question declared as unconstitutional the rule, whereby the term of protection is calculated from the grant... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2021/05/sunday-surprises_30.html This Kat is feeling summery What Kat reader could resist the siren call of assorted miscellany? Webinars The Competition Law Association is holding three upcoming webinars: Analysing Algorithms: new frontiers in anti-trust, 3 June. What IP Practioners need to know about Competition Law, 15 June. Navigating Competition Law Issues... Continue reading

     
  • BREAKING: Oral proceedings in G1/21 (ViCo) rescheduled due to procedural technicality

    http://ipkitten.blogspot.com/2021/05/breaking-oral-proceedings-in-g121-vico.html The Enlarged Board of Appeal (EBA) has decided to reschedule oral proceedings for G1/21 due to a procedural technicality. The referral concerns the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties. However, the substantive issues in the referral were... Continue reading

     
  • [Guest Post] Repeat filings after Monopoly: an exchange of views

    http://ipkitten.blogspot.com/2021/05/guest-post-repeat-filings-after.html The beauty of the law is that different views are always possible. So, when Tobias Cohen Jehoram (Erasmus University Rotterdam and De Brauw Blackstone Westbroek) and Irenah Klink (De Brauw Blackstone Westbroek) reached out saying they had different views to those expressed in a recent Katpost covering the General Court... Continue reading