In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/euipo-on-trade-marks-and-designs-in.html Over the past few years, there has been an increased interest in the metaverse (see IPKat posts here) and NFTs, non-fungible tokens (see IPKat posts here). From a trade mark perspective, the appropriate classification of goods and services has also been in the spotlight. In this sense, the European... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/spill-tea-drastically-tea-trade-mark.html Article 10(8) of the PRC Trade Mark Law (2019 Amendment) concerns one of the absolute grounds for refusal/invalidity. It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. The meaning of ‘adverse effect’ is not self-explanatory, rendering... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/keeping-up-with-belgian-patent.html The winds of a busy Belgian courtterm blows through the IPKat’swild ancestor’s mane(c) Christopher Stothers ‘Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/are-intended-use-and-normal-use-same-in.html The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21). While the notion is itself tricky, the case also has a linguistic twist – the term has different translations in different versions... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/the-general-court-of-eu-confirms-that.html In July, the General Court ruled in Case T-768/20 (Standard International Management LLC v EUIPO) on the importance of distinguishing between the place where hotel and ancillary services are offered and the specific place of use of the mark when assessing genuine use of EU trade marks. According to the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/many-ways-to-skin-cat-pt-2-south.html As IPKat readers may recall, the BlindSA’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court. As this Kat reported here, a High Court in Gauteng Division in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/aippi-congress-report-3-soft-ip-update.html A view of the SF sky that many Congress attendees did not seeduring the panel sessions While the AmeriKat was busy with voting machines and preparing the final draft of the trade secrets resolution, Katfried Hans Eriksson (Partner, Westerberg & Partners in Sweden) was busily attending and taking notes for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/tuesday-tiddlywinks.html The IPKat’s weekly round-up of various IP events, courses and opportunities coming up is here! “cool cat?” by jenny downing is licensed under CC BY 2.0. EVENTS WIPO – Sixth Session of the WIPO Conversation on Intellectual Property and Frontier Technologies – 21-22 September 2022 – hybrid The World Intellectual Property Organization... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/wanjiru-v-machakos-university-image.html In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. According to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/09/what-does-cjeu-judgment-in-c-40119-mean.html Estoril, Portugal Earlier this week I had the honour and pleasure of attending the ALAI Congress, which was organized by the Portuguese ALAI group and held in beautiful Estoril. This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the... Continue reading
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