The IPKat BLOG – Page 212

In: The IPKat BLOG

CJEU says that the assessment of distinctiveness of signs that are to be applied to specific goods used to deliver a service should not also entail an assessment of norms and/or customs of the relevant sector

http://ipkitten.blogspot.com/2020/10/cjeu-says-that-assessment-of.html Should the distinctiveness (under what is now Article 4(1)(b) of Directive 2015/2436 (the EU Trade Mark Directive)) of a sign that is to be applied to specific goods be assessed having regard to what is customary in the relevant sector? This, in a nutshell, is the question that the... Continue reading
In: The IPKat BLOG

Friday Fantasies

http://ipkitten.blogspot.com/2020/10/friday-fantasies.html Welcome to this week’s cornucopia of IP delights, particularly for the webinar-inclined reader. Conferences & Events Starting on 22 October 2020, the Digital Law Center of the University of Geneva, and Kat friends Irene Calboli and Jacques de Werra, will host the Luxury Digital Law Series (poster on the... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2020/10/around-ip-blogs_8.html To cat over Patents The SpicyIP Blog reported on what may well be one of the first covid-related IP cases. In that case , an Indian pharma company, Indoco, approached the Delhi High Court requesting permission to sale a drug, used as anticoagulant medication, for covid-19 treatment. Such sales... Continue reading
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Guest Post: New anti-evergreening patent law in Ukraine

http://ipkitten.blogspot.com/2020/10/guest-post-new-anti-evergreening-patent.html In this guest post, patent expert Dr Olga Gurgula reports on updates from Ukraine as well as highlighting important next steps for the Ukrainain Patent Office. Olga is a Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London and Visiting Fellow at the Oxford Martin Programme on Affordable... Continue reading
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Glenn Gould: Inventor of “User Rights”?

http://ipkitten.blogspot.com/2020/10/glenn-gould-inventor-of-user-rights.html Kat friend, Professor Mira T. Sundara Rajan, offers a fascinating argument to view the legendary pianist Glenn Gould as the progenitor of “user rights” in the creative industries. In 1966, a Canadian musician and a BBC television host sat down together to talk about, among other things, the future... Continue reading
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Is “taking all reasonable precautions”, or “otherwise acting innocently”, a defence to possessing counterfeit goods?

http://ipkitten.blogspot.com/2020/10/is-taking-all-reasonable-precautions-or.html When can the purchaser of counterfeit goods for retail sale have a legally acceptable defence that he believed that the goods were genuine? Kat friends Denise Ee and Jacqueline Gwee describe a recent decision in Singapore that shows that such a claim is not easily accepted by the court.... Continue reading
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Book review: Terrell on the Law of Patents

http://ipkitten.blogspot.com/2020/10/book-review-terrell-on-law-of-patents.html This book review is brought to you by Patent expert Dr Olga Gurgula, who is a Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London and Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford. Here is what she has to say... Continue reading
In: The IPKat BLOG

Keeping up with French patent litigation: Half-year case law review 2020

http://ipkitten.blogspot.com/2020/10/keeping-up-with-french-patent.html Settle in with the Chat Français for some French carb loading of delicious, fresh patent decisions from the first half of 2020 Finding it difficult to keep up with an ever-changing world in the midst of a health, environmental, social and political crisis, while keeping up with patent law? Do not worry, the... Continue reading
In: The IPKat BLOG

IP student materials: what to think about when thinking about a trade mark opposition?

http://ipkitten.blogspot.com/2020/10/ip-student-materials-what-to-think.html What should one think about when tasked with drafting a trade mark opposition or defending a trade mark application? This is a question that junior lawyers and trainee trade mark attorneys quickly (and regularly) encounter in their professional roles, and can address also thanks to templates and/or guidance from... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2020/10/around-ip-blogs.html Let’s have a look at what happened in the IP world last week… Patents Traditionally, before the Paris first instance court (tribunal judiciaire), the validity and infringement of a patent and, more rarely, the compensation for damages are addressed, pleaded and judged together. However, sometimes, the particular context... Continue reading