• Dutch court holds that TDM opt-out must be done by “machine-readable” means

    http://ipkitten.blogspot.com/2025/02/dutch-court-holds-that-tdm-opt-out-must.html In a recent decision (ECLI:NL:RBAMS:2024:6563) on the application of the EU’s text and data (TDM) mining (TDM) exception in respect of RSS feeds, which may also be relevant to AI, the Amsterdam District Court (the Court) held that an opt-out from the TDM exception pursuant to the the Dutch transposition... Continue reading

     
  • Friday Fantasies

    http://ipkitten.blogspot.com/2025/02/friday-fantasies.html As the IPKat gazes out the window at the first hints of spring peeking through the winter gloom, she couldn’t help but purr with excitement at the flurry of upcoming IP-related events and opportunities. IP Events Are your weekends empty without a discussion of AI and IP? Do not... Continue reading

     
  • IPKat Book of the Year Awards 2024 winners announced!

    http://ipkitten.blogspot.com/2025/02/ipkat-book-of-year-awards-2024-winners.html After much anticipation, we are ready to announce this year’s winners of the IPKat Book of the Year Awards!  Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by... Continue reading

     
  • Blow up: Claim against BBC ends in civil restraint order

    http://ipkitten.blogspot.com/2025/02/blow-up-claim-against-bbc-ends-in-civil.html Image from Copilot (prompt in image description) Hot on the heels of the failure of a format rights claim reported by the IPKat here, the decision of the English High Court in Jukic v British Broadcasting Corporation & Anor [2025] EWHC 221 (Ch) deals with a claim by an... Continue reading

     
  • [Guest Post] CJEU weighs in on supplementary protection certificates in Merck v Teva/Clonmel decision

    http://ipkitten.blogspot.com/2025/02/guest-post-cjeu-weighs-in-on.html Supplementary protection certificates (SPCs) are a complex area, so it was helpful that the CJEU had the opportunity to clarify some aspects of the law. This Kat is pleased to share a guest contribution from Katfriends Claudio Germinario (SIB) and Federico Caruso (SIB LEX) to consider the guidance from much-anticipated CJEU... Continue reading

     
  • [Guest post] Copyright in fictional universes

    http://ipkitten.blogspot.com/2025/02/guest-post-copyright-in-fictional.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Harry Houlden (Manchester Metropolitan University) reflecting on the broader implications of the Shazam ruling of the Intellectual Property Enterprise Court (IPEC) [IPKat here] regarding the copyright protection, not of fictional characters per se (which... Continue reading

     
  • EBA’s preliminary opinion in G1/24: “the description and the figures can be referred to in the course of claim interpretation”

    http://ipkitten.blogspot.com/2025/02/ebas-preliminary-opinion-in-g124.html The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in the closely watched referral G1/24 relating to the role of the description in claim interpretation. The preliminary opinion provides the EBA’s initial view on the three referred questions ahead of oral proceedings scheduled for 28 March 2025. The EBA’s... Continue reading

     
  • Sony still can’t get no relief in claim over Jimi Hendrix Experience recordings

    http://ipkitten.blogspot.com/2025/02/sony-still-cant-get-no-relief-in-claim.html Image from Copilot As covered in a guest post by KatFriends Monica Thornell and Jonathan Coote last year [here], the estates of two bandmates of Jimi Hendrix (bassist Noel Redding and drummer Mitch Mitchell) are suing Sony Music Entertainment UK Ltd (“Sony”) for infringement of their copyright and performers’... Continue reading

     
  • The IPKat Team: Arrivals, farewell, and news

    http://ipkitten.blogspot.com/2025/02/the-ipkat-team-arrivals-farewell-and.html Every now and then, The IPKat team welcomes new contributors, says thanks and goodbye to existing contributors, and shares some news concerning the Kats. Let’s find out more! GuestKat and InternKat The IPKat is delighted to welcome the following as new GuestKat and InternKat for the next six months.... Continue reading

     
  • [Guest Post] In too deep? Considering the legal risks when using DeepSeek

    http://ipkitten.blogspot.com/2025/02/guest-post-in-too-deep-considering.html Even by the standards of the dynamic world of AI development and innovation, the recent shockwaves caused by the surge in popularity of Chinese generative AI platform DeepSeek’s R1 model in January 2025 were unprecedented. The R1 model has emerged as a cost-efficient competitor to established market operators, such as... Continue reading