In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/eba-dodges-question-in-g121-vico-oral.html The EPO yesterday announced the Enlarged Board of Appeal (EBA) decision in G1/21 (ViCo oral proceedings). The EPO press release can be read here. In what will be a disappointment to many, the EBA has limited its answer to the legality of mandatory oral proceedings during a period of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/conceptual-comparison-and-famous-names.html Readers may remember that, back in September 2020, the CJEU considered whether there was a likelihood of confusion where a mark being filed for registration was that of MESSI, renowned football player that everyone has heard of in one context or another (the existing mark upon which opposition was... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/court-of-appeal-grapples-with-us-v-uk.html Two paws for Autostore, one tail(not pictured) for Ocado Last week the Court of Appeal upheld a decision of His Honour Judge Hacon in Autostore v Ocado [2021] EWCA Civ 1003 where he refused an injunction to stop the use of materials in the US by AutoStores where Ocado contended... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/crt-and-heineken-amicably-end-their.html CRT (the Mexican Tequila Regulatory Council) announced that the legal dispute over the use of the word Tequila in Desperados beer has ended. In a video released on 13 July 2021, Miguel Ángel Domínguez Morales (President of the Mexican Tequila Regulatory Council) indicated that an amicable agreement had been reached... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/guest-post-general-court-of-eu-wanders.html The IPKat is delighted to host the following guest post by Katfriend Frederic Blockx on yesterday’s interesting and important decision of the General Court in T-185/19. Here’s what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/ag-e-advises-cjeu-to-rule-that-article.html AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights, notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/around-ip-blogs_01440639350.html This Kat is taking a moment to smell the flowers Sumer is icumen in, and so has this latest roundup of what’s new around the IP blogs. Copyright The Kluwer Copyright Blog published a summary of Article 17-related developments in the past year, which may be of interest to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/whats-point-of-trips-waiver-reply.html Murali Neelakantan and Siva Thambisetty respond to the post, “What’s the point of continuing a discussion on the unworkable TRIPs COVID-19 waiver proposal?”, written by Prashant Reddy T. and Yogesh Pai, which was published on July 13th. First, some introduction–On July 13th, a group of intellectual property academics and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/general-court-rules-that-shape-of.html Can the shape of a lipstick case function as an indicator of commercial origin? The answer is yes when such case is the iconic and immediately recognizable (at least to lipstick lovers!) one of Rouge G de Guerlain: Today, also the General Court did agree in its judgment in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2021/07/when-does-preclinical-data-plausibly.html The timing of a patent filing is critical to the patent’s validity. The earlier a patent is filed, the lower the risk of disclosures before the priority date destroying novelty and inventive step. Yet, the later a patent application is filed, the more time there is to obtain data and... Continue reading
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