The IPKat BLOG – Page 134

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Never too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2022/09/never-too-late-if-you-missed-ipkat-last.html The past week on the IPKat has been a mix of different IP issues. Here we go! Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision(Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court... Continue reading
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IP as a political instrument in Russia

http://ipkitten.blogspot.com/2022/09/ip-as-political-instrument-in-russia.html Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark... Continue reading
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AIPPI Congress (Report 2): Ethics in Funding IP Litigation

http://ipkitten.blogspot.com/2022/09/aippi-congress-report-2-ethics-in.html While the AmeriKat was working through amendments to the trades secrets resolution in her capacity of Vice Chair, the panel sessions were steaming ahead. One panel session she was unable to get to was on the Ethics in Funding IP Litigation moderated by Gustavo de Freitas Morais (Managing Partner at... Continue reading
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Book Review: Mechanisms to Enable Follow-On Innovation

http://ipkitten.blogspot.com/2022/09/book-review-mechanisms-to-enable-follow.html This book is a comprehensive monograph, based on Dr. Alina Wernick’s earlier thesis research. Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). The subject is addressed in ten... Continue reading
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Defining a medical device as a product-by-process (T 1869/19)

http://ipkitten.blogspot.com/2022/09/defining-medical-device-as-product-by.html The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a “product-by-process” claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to... Continue reading
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Guest Book Review: IP Accidents

http://ipkitten.blogspot.com/2022/09/guest-book-review-ip-accidents.html The book’s cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property, by Patrick Goold, City Law School, University of London. It is brought to you by Léon Dijkman, a previous contributor to the IPKat. Léon is... Continue reading
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Another shot for Rango (but, incidentally, the “fair use” defence in Italy has been shot too): Rome Appeal Court confirms there is no misappropriation nor infringement of the “Man With No Name” character

http://ipkitten.blogspot.com/2022/09/another-shot-for-rango-but-incidentally.html This blog has already covered the decision of the Rome Court of First Instance concerning a copyright infringement claim concerning a fictional character. The action had been brought by the producers of the movie “For a fistful of dollars” against the producers of the award-winner cartoon movie “Rango”, claiming unlawful use... Continue reading
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“TAKE FIVE” – the EUIPO Board of Appeal maintains that the slogan is not sufficiently distinctive for registration

http://ipkitten.blogspot.com/2022/09/take-five-euipo-board-of-appeal.html From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office (EUIPO) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32... Continue reading
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AIPPI Congress (Report 1): Is IP the “bogeyman” in access to Covid-19 vaccines?

http://ipkitten.blogspot.com/2022/09/aippi-congress-report-1-is-ip-bogeyman.html On a classically cool and cloudy San Francisco morning, after an invigorating 7:30AM AIPPI meeting, the AmeriKat worked her way to the first panel session of the at the World AIPPI Congress. This is the first in-person Congress since London hosted in 2019, so it was only apt that... Continue reading
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Position mark consisting of grey tread and outer portion of a tyre devoid of distinctive character for tyres, says EUIPO Board of Appeal

http://ipkitten.blogspot.com/2022/09/position-mark-consisting-of-grey-tread.html Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in the following decision (Case R 197/2021-5) from August this year, the EUIPO Fifth Board of Appeal found that the position mark below, comprising of a tread and outer portion of a tyre in light grey,... Continue reading