In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/wednesday-whimsies.html This Kat thinks the pollen count is far too high Bienvenue dans une nouvelle semaine of IP news and opportunities! If you’re seeking ways to slake your thirst for IP from home, look no further. Events and Conferences The annual case law update of the Centre d’Etudes Internationales de... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/guest-post-21-and-illegal-in-all-states.html The much anticipated Pelham judgment was published on the 30th April 2020. Currently, it is only available in German, but Alan Hui is has kindly provided an english translation, and this post on the decision. Alan is a postdoctoral researcher in the MASHED Project at the University of Oslo. His research focuses on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/guestpost-hague-patents-court-conducts.html The DutchKat gets the camera readyfor her first remote hearing As courts across the world grappled to find ways to continue performing their function in holding hearings and delivering justice, the Courts of England & Wales relatively quickly updated their practice directions and guidance to provide for virtual hearings. In the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/trade-marks-and-mobile-apps-planetart-v.html This case seemed to be stacked against claimants PlanetArt LLC from the start. Beginning as a passing off claim, PlanetArt were denied an interim injunction pending trial in July 2019 (IPKat analysis here), and failed to adduce pilot survey evidence in August 2019. However, the introduction of a trade mark... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/around-ip-blogs.html It’s a new month (finally!)! A new month means new IP news. May you enjoy this IP news… Patents Countries across the globe are rushing towards finding a treatment for COVID-19. Many of these countries will not let a patent stop them from developing such a treatment. Kluwer Patent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/patent-exceptions-in-times-of-covid-19.html Kat friend Carlo Sala explains the exceptions to liability for patent infringment in Italy, an issue of inceasing importance in seeking to respond to the Covid-19 crisis. To overcome the shortage of valves for respiratory equipment and the inability by patent owners to make timely supply, an Italian hospital... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/never-too-late-if-you-missed-ipkat-last.html This Kat is an intrepid explorer If you’ve had a busy week, why not relax with a recap of recent IPKat posts? PatentsGuestKat Léon Dijkman provided an index of some of the most interesting issues in Arnold LJ’s wide-ranging FibroGen v. Akabia judgment. The issue of novelty in light... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/the-non-systematic-relevance-of-earlier.html A mathematical discovery and a trade mark at once? A few days ago, the Court of Justice of the European Union (CJEU) issued its judgment in the important Gömböc referral (C-237/19) [see here for a discussion of the background]. The decision, which is analyzed in detail on The IPKat here... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/the-cjeu-again-on-3d-trademarks-gomboc.html On 23 April 2020, the Court of Justice of the European Union (CJEU) issued its ruling in Gömböc, C-237/19, ECLI:EU:C:2020:296, concerning the interpretation of Article 3(1)(e)(ii) and (iii) of the previous Trade Mark Directive 2008/95 (now Article 4(1)(e)(ii) and (iii) of Directive 2015/2436). The request for a preliminary ruling... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/skykicked-high-court-confirms-trade.html The SkyKick saga continues. Decision number three by Mr/Lord Justice Arnold in the High Court [2020] EWHC 990 (Ch), this time to apply the law (as clarified by the CJEU’s January 2020 judgment – KatPosts here, here and here) to the facts (as found by the judge at first... Continue reading
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