The IPKat BLOG – Page 13

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Defining the undefinable: The challenges and opportunities for cell therapy IP

http://ipkitten.blogspot.com/2025/05/defining-undefinable-challenges-and.html IP strategy for cell therapies presents unique challenges compared to traditional pharmaceuticals and biologics. Previous posts have highlighted the limitations of process patents in cell therapy (IPKat) and the need to think strategically about how best to protect the product from fast-follower competition (IPKat). This post focusses on an... Continue reading
In: The IPKat BLOG

AI and Copyright – the Kidron Amendments

http://ipkitten.blogspot.com/2025/05/ai-and-copyright-kidron-amendments.html The UK’s House of Lords (the upper chamber in the UK’s Houses of Parliament) has voted to add what are known as Baroness Kidron’s amendments to the Data (Use and Access) Bill. This amendment would, if it becomes law, require the Secretary of State to force AI developers to... Continue reading
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The never-ending story of Brexit – Chapter: EUIPO v Nowhere – Act I: The Advocate General’s Opinion

http://ipkitten.blogspot.com/2025/05/the-never-ending-story-of-brexit.html What happens if the earlier right ‘disappears’ in the course of opposition proceedings before the European Union Intellectual Property Office (‘EUIPO’) or its Board of Appeal (‘BoA’), for instance due to the departure of the United Kingdom from the EU (also known as Brexit)? This question is at the... Continue reading
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[Guest Post] A shotgun revocation? Did the South African court jump the gun in Regents of the University of California v Eurolab & Dis-Chem?

http://ipkitten.blogspot.com/2025/05/guest-post-shotgun-revocation-did-south.html IPKat keeping a watchful eye overSouth African PIsThe IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent South African decision on patent entitlement and interim relief in the pharma sector:”You hold what seems to be a rock-solid patent for a blockbuster prostate... Continue reading
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[Guest Post] Out the Door, Back In Through the Grille: Warsaw Court Reverses Audi Advantage

http://ipkitten.blogspot.com/2025/05/guest-post-out-door-back-in-through.html At the beginning of 2024, the Court of Justice of the European Union (CJEU) issued its much-anticipated judgment in Audi (Case C-334/22), which addressed the delicate issue of trade mark use on spare car parts produced by independent third parties. The decision quickly drew widespread attention across the legal... Continue reading
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UK court reaffirms its stringent plausibility standard in AstraZeneca despite G 2/21

http://ipkitten.blogspot.com/2025/05/uk-court-reaffirms-its-stringent.html One of these things is notlike the other….Despite the bright weather in London, as many readers know not everything is bright for consistency between EPC states on plausibility – hey there, UK! The latest chapter is reported by KatFriend, Ian Jones (GJE) who is back to explain the recent... Continue reading
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Commercial success is a nothing-burger for the EPO in Wegovy patent inventive step analysis (T 1701/22, Obesity treatment with semaglutide)

http://ipkitten.blogspot.com/2025/05/commercial-success-is-nothing-burger.html In recent years, Novo Nordisk’s weight loss drug semaglutide, marketed as Wegovy for obesity and Ozempic for diabetes, has become a pharmaceutical phenomenon. As with most successful pharmaceutical products, the remarkable success of semaglutide means we can also expect some high profile IP disputes. In jurisdictions lacking provisions for patent term extension, semaglutide... Continue reading
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Of tables and other furniture: AG Szpunar advises CJEU on originality (but also proposes adoption of recognizability test for infringement)

http://ipkitten.blogspot.com/2025/05/of-tables-and-other-furniture-ag.html The claimant’s table in the Mio proceedingsIs it true that originality is the only thing that matters in copyright law, including for works of applied art? If so, how is it to be assessed? And what does the infringement test under copyright law entail?These are the key questions at... Continue reading
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Tuesday Tiddlywinks

http://ipkitten.blogspot.com/2025/05/tuesday-tiddlywinks.html The IPKat is back with the weekly post of miscellany news and opportunities. As always, do not forget to regularly check our page of forthcoming events. Here’s what we report this time:Events and calls for papersOnline Information Session: International Games and Esports Tribunal Tomorrow, the Esports Integrity Commission and the... Continue reading
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An imaginative sign for smart houses qualifies for EU trade mark registration

http://ipkitten.blogspot.com/2025/05/an-imaginative-sign-for-smart-houses.html On 23 April, the Second Board of Appeal (BoA) of the EU Intellectual Property Office (EUIPO) allowed a figurative sign, which Open Home Foundation (applicant) had sought to register. The EUIPO Examiner had initially refused to register the sign under Article 7(1)(b) of the EU Trade Mark Regulation (EUTMR)... Continue reading