The IPKat BLOG – Page 18

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No delay following an intervention to an accelerated EPO appeal during parallel UPC proceedings (T 1841/23)

http://ipkitten.blogspot.com/2025/01/no-delay-following-intervention-to.html The Board of Appeal decision in T 1841/23 considered the correct approach to third party interventions running in parallel with UPC infringement proceedings. The decision particularly provides guidance on how interventions should be handled when they arrive shortly before oral proceedings, particularly in accelerated cases. Legal background: Postponement of proceedings in... Continue reading
In: The IPKat BLOG

[Guest Post] Unwrapping the Geographical Indication Status Dilemma of the ‘Dubai Chocolate’.

http://ipkitten.blogspot.com/2025/01/guest-post-unwrapping-geographical.html The IPKat has received and is pleased to host the following guest post by Katfriend Jessica Mathew (Surrey Law School), commenting on recent decisions concerning the popular ‘Dubai Chocolate’. Here’s what Jessica writes: In early January 2025, the District Court of Cologne (Germany) granted an interim injunction against Aldi... Continue reading
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Deadline extension: IPKat Book of the Year Awards 2024

http://ipkitten.blogspot.com/2025/01/deadline-extension-ipkat-book-of-year.html For those of you still finishing up their IP book pile, The IPKat team is extending the deadline to vote for your favourite IP books of 2024 until 10 February 2025. As announced earlier, you can vote here in the following six categories: Patents Copyright (including related rights and performers’... Continue reading
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Is ‘coffee’ misleading for ‘tea’? EUIPO thinks so!

http://ipkitten.blogspot.com/2025/01/is-coffee-misleading-for-tea-euipo.html The Fifth Board of Appeal (BoA) of the EUIPO, by its decision dated 16 December 2024, refused the registration of “EINSTEIN KAFFEE” for Classes 30, 33, and 35 of the Nice Classification. Agreeing with the Examiner, the BoA opined that the sign “EINSTEIN KAFFEE” constituted “a serious risk of... Continue reading
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UPC finds that it has jurisdiction to consider infringement in the UK (UPC_CFI_355/2023)

http://ipkitten.blogspot.com/2025/01/upc-finds-that-it-has-jurisdiction-to.html In this decision addressing the jurisdictional reach of the UPC jurisdiction to the UK post-Brexit, the Düsseldorf Local Division found that the UPC had jurisdiction over infringement of a UK patent right (UPC_CFI_355/2023). Following Brexit, the UK chose to withdraw itself from participation in the UPC. Naively, it might... Continue reading
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UK format rights claim ends in Shambles

http://ipkitten.blogspot.com/2025/01/uk-format-rights-claim-ends-in-shambles.html In a recent decision ([2025] EWHC 39 (IPEC)) on the alleged infringement of copyright in a TV format, the Intellectual Property Enterprise Court (IPEC) of the High Court of England & Wales (the Court) held that the collection of features on which the show was based was insufficient to constitute... Continue reading
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The UPC’s first decision on infringement by equivalence (Plant-e v Bioo, UPC_CFI_239/2023)

http://ipkitten.blogspot.com/2025/01/the-upcs-first-decision-on-infringement.html In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings (UPC_CFI_239/2023). The Local Division of the Hague set out a novel four-part test for assessing equivalence drawn from various national jurisdictions. The test appears relatively patentee-friendly, with the Local Division finding infringement of... Continue reading
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CJEU to decide whether publishers may receive CMO-run funds from private copying

http://ipkitten.blogspot.com/2025/01/cjeu-to-decide-whether-publishers-may.html The German Federal Court of Justice has recently made a new request for preliminary ruling to the Court of Justice of the European Union (CJEU). Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The questions are not yet available... Continue reading
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New CJEU reference: What is the relevant point in time for the assessment of design infringement?

http://ipkitten.blogspot.com/2025/01/new-cjeu-reference-what-is-relevant.html Being at the right time in the right place is crucial. But what is the right time for assessing a design infringement? This is one of the questions posed by a Belgian court to the Court of Justice of the EU (‘CJEU’) in a new reference for a preliminary... Continue reading
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[Guest Post] Thatchers v Aldi – is the UK moving towards a tort of unfair competition?

http://ipkitten.blogspot.com/2025/01/guest-post-thatchers-v-aldi-is-uk.html Now that the IP community has had a week to reflect on the Court of Appeal judgment in Thatchers v Aldi, the IPKat is pleased to host the following guest contribution from Katfriend Oliver Fairhurst (Lewis Silkin) to comment on the potential ramifications of the decision. Here’s what Oliver has... Continue reading