In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/cjeu-rules-that-eu-member-states-cannot.html The chair at the centre of the Dutch litigation on its own … Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum, C-227/23, substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here], which was only... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/guest-post-thou-shalt-not-discriminate.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/event-reminder-1-week-to-go-ipkat.html As The IPKat announced earlier this month, on Wednesday, 30 October, we will be running a webinar – kindly hosted by international law firm Bird & Bird LLP on StreamYard – to discuss the present and future of image/publicity rights, also in light of the challenges that AI and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/combination-of-common-architectural.html It is always interesting to analyse how national courts apply the concept of originality depending on the nature of the work for which copyright protection is claimed. A recent decision issued by the Paris Court of Appeal concerning the alleged infringement of an ephemeral orangery is worthy of note.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_22.html Here is a weekly catch-up of what you might have missed! Copyright Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/euipo-grand-board-finally-confirms.html In response to the first referral from the Executive Director of the EU’s Intellectual Property Office (EUIPO), the EUIPO’s enlarged Board of Appeal (the Grand Board) has confirmed that an EU Trade Mark (EUTM) application which is withdrawn during the appeal period following a refusal decision from the EUIPO, can proceed to conversion... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/monster-mash.html With Halloween around the corner, it is time to review a ‘monstrous’ decision of the German Patent Court involving the popular Monster Energy drink. Background In 2017, FOKUS BILGISAYAR SANAYI VE TICARET LIMITED SIRKETI (‘Fokus’) designated Germany in its International Registration no. 1352854 for the following sign:
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/book-review-protection-of-geographical.html This is a review of the newest edition of The Protection of Geographical Indications: Law and Practice (Edward Elgar, 2024) by Michael Blakeney (University of Western Australia). Now in its third edition, the text provides detailed commentary on the European laws on geographical indications (GIs) and related areas of law. The... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/saturday-sundries.html Enjoying the seasonal foliage Another week has come to an end and, as usual, it is time to catch up with opportunities and events in the IP world, as well as some news regarding the IPKat Team. IPKat Team GuestKat Nedim Malovic is taking a break from blogging. We... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/board-of-appeal-back-pedals-on-referral.html Attentive IPKat readers may have noticed that this Kat has been rather silent of late. Do not fear, PatKat is back! And what a better way to start off an autumnal season of IP news than with the patent blog crowd-pleaser, description amendments. Last year, the Board of Appeal... Continue reading
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