The IPKat BLOG – Page 147

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CJEU rules that private copying also applies in the cloud and warns against thinking that everything is communication to the public

http://ipkitten.blogspot.com/2022/04/cjeu-rules-that-private-copying-also.html Kat cloud … A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana, ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in... Continue reading
In: The IPKat BLOG

EPO Board of Appeal maintains functional epitope antibody genus claim (T 1964/18)

http://ipkitten.blogspot.com/2022/04/epo-board-of-appeal-maintains.html Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class (“genus”) of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of... Continue reading
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Supreme People’s Court of China issues first comprehensively revised judicial interpretation of anti-unfair competition law since 2007

http://ipkitten.blogspot.com/2022/04/supreme-peoples-court-of-china-issues.html On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here) of China (JI 2022; full context here in Chinese), which took effect on... Continue reading
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EPO Board of Appeal toes the party-line on description amendments (T 1024/18)

http://ipkitten.blogspot.com/2022/04/epo-board-of-appeal-tows-party-line-on.html Following on quickly from the controversial Board of Appeal decision T 1989/18, in which the description amendment requirement was found to lack legal basis, comes another Board of Appeal decision concluding the opposite. T 1024/18 is an appeal decision revoking EP 2609899 on the grounds that an amended description had not been filed... Continue reading
In: The IPKat BLOG

EPO Board of Appeal toes the party-line on description amendments (T 1024/18)

http://ipkitten.blogspot.com/2022/04/epo-board-of-appeal-tows-party-line-on.html Following on quickly from the controversial Board of Appeal decision T 1989/18, in which the description amendment requirement was found to lack legal basis, comes another Board of Appeal decision concluding the opposite. T 1024/18 is an appeal decision revoking EP 2609899 on the grounds that an amended description had not been filed... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2022/04/never-too-late-if-you-missed-ipkat-last.html It’s time for the weekly recap! Repetita iuvant if you missed last week’s IPKat posts! “BusinessCat“ by brownpau is marked with CC BY 2.0. The CJEU ruled in the Ferrari case that the burden of proving genuine use of a mark lies with the owner of that mark. But does this mean that... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2022/04/around-ip-blogs.html The IPKat is back with your weekly roundup of the goings-on around the IP blogosphere:- This Kat likes looking back in time with friends. Trade Marks Patently-O reported on a pending US trade mark case involving the mark CLEAR that Dolce Vita uses on their shoes. The USPTO refused... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2022/03/monday-miscellany_28.html We’re past the equinox and this means (for the northern hemisphere) that spring will bring blooming flowers, better weather, and winds that will hopefully take us to a better place. While temperatures are still struggling to raise above 15°C, check the latest IP events to warm up! This Kat... Continue reading
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Back to Life (Sciences) in Amsterdam. A conference report

http://ipkitten.blogspot.com/2022/03/back-to-life-sciences-in-amsterdam.html On 14-16 March, this GuestKat had the opportunity to attend the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which, as many readers will know, not only hosts the Kattenkabinet museum (here below a sample of the oeuvres of the museum…), but it’s also an important IP and Life... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2022/03/around-ip-blogs_27.html April is just around the corner! A good time for The IPKat to report on some of the posts compiled this week on the surrounding IP blogs. TRADE MARKS A few days ago, the virtual event “Metaverse Fashion Week” (MVFW) started in the virtual environment called “Decentraland“. The Wall... Continue reading