The IPKat BLOG – Page 135

In: The IPKat BLOG

Advertising Regulatory Board NPC & others v Bliss Brands (Pty) Ltd: Advertising regulatory code’s constitutional dimensions clarified

http://ipkitten.blogspot.com/2022/09/advertising-regulatory-board-npc-others.html Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here), which held inter alia that the certain provisions of the ARB’s Code of Advertising... Continue reading
In: The IPKat BLOG

[Guest post] ‘Can’t Be Evil’ NFT license – A tentative NFT worldwide license standard

http://ipkitten.blogspot.com/2022/09/guest-post-cant-be-evil-nft-license.html The IPKat is pleased to host the contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on yet another NFT-related development [for previous instalments, see here, here, and here]. Here’s what Paolo writes: ‘Can’t Be Evil’ NFT license – A tentative NFT worldwide license standard by Paolo Maria Gangi Can’t Be... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2022/09/sunday-surprises.html August is finally over and September has just arrived. With a new month comes a new post with the best and latest IP events and opportunities. A Kat reflecting on its decisions so far (and, more immediately, if it is worth entering the tunnel) IPKat Team News The IPKat... Continue reading
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Refusal of domestic authorities to enforce copyright breaches human rights, says ECtHR

http://ipkitten.blogspot.com/2022/09/refusal-of-domestic-authorities-to.html Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR)? This is what the European Court... Continue reading
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Are cats and tigers alike? EU General Court considers that there is a likelihood of confusion between ‘Tigercat’ and ‘Cat’

http://ipkitten.blogspot.com/2022/09/are-cats-and-tigers-alike-eu-general.html The IPKat is pleased to learn that, at least according to the General Court, Kats are indeed like tigers. In a judgment (Case T-251/21 Tigercat Inc v EUIPO) released earlier this summer, the General Court held indeed that there was a likelihood of confusion, pursuant to Article 8(1)(b) of... Continue reading
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Book review: Copyright, Creativity and Big Media

http://ipkitten.blogspot.com/2022/09/book-review-copyright-creativity-and.html This is a book review of ‘Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author’, by Professor Kathy Bowrey, UNSW, Sydney. Bowrey is a legal historian and socio-legal researcher whose research explores laws and practices that inform knowledge creation and the production, distribution and reception of technology and... Continue reading
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Everybody is (finally) kung fu fighting – Bruce Lee related trade mark dispute in China

http://ipkitten.blogspot.com/2022/09/everybody-is-finally-kung-fu-fighting.html Readers may recallthat Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” (“真功夫”) fast-food chain for using Bruce Lee’s image without permission before the Shanghai Second Intermediate Court (上海市第二中級人民法院) back in 2019. Where this Kat is based,... Continue reading
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[Guest post] Ownership of IP rights by DAOs – the future is nigh?

http://ipkitten.blogspot.com/2022/08/guest-post-ownership-of-ip-rights-by.html The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King’s College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here’s what Marianna writes: Ownership of IP rights by DAOs... Continue reading
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New eEQE consultation ends 31 August 2022: Don’t miss the opportunity to have your say!

http://ipkitten.blogspot.com/2022/08/new-eeqe-consultation-ends-31-august.html The EPO and epi have joined forces to propose a radical shake-up of the examinations to become a qualified patent attorney. A consultation on the proposal ends today (31 August 2022) (IPKat). Full details of the proposal, together with the consultation questionnaire can be found here. The questionnaire takes... Continue reading
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Boards of Appeal back rejection of special criteria for the novelty of purity inventions, but the Guidelines remain out of step (T 0043/18)

http://ipkitten.blogspot.com/2022/08/boards-of-appeal-back-rejection-of.html Historically, the EPO has used a higher bar to assess the novelty for purity of compound inventions. A recent decision from the Boards of Appeal has confirmed that this approach contradicts the overarching principles of novelty. The decision in T 0043/18 particularly agreed with the 2018 decision T 1085/13 that novelty can only be... Continue reading