The IPKat BLOG – Page 25

In: The IPKat BLOG

CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

http://ipkitten.blogspot.com/2024/12/cjeu-rules-on-vertical-direct-effect-of.html IPKat-approved vertical direct effect As students of EU law know, a key principle – which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos – is that of direct effect of EU law. Insofar... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2024/12/sunday-surprises_01740882524.html Check our usual round-up for a weekly selection of opportunities, vacancies and events to attend! Conferences and calls for papers The role of universities in safeguarding academic freedom: the age of trade secrets (12 December 2024) On December 12, 2024, Jens Schovsbo will deliver a lecture at the European... Continue reading
In: The IPKat BLOG

Challenging Nestlé’s fitness for trade mark: Can belated evidence lead to invalidation?

http://ipkitten.blogspot.com/2024/12/challenging-nestles-fitness-for-trade.html On 27 November, the EU General Court rendered a decision (T-799/21) marking a significant milestone in the 13-year long trade mark battle between European Food SA (European Food) and Société des produits Nestlé SA (Nestlé). The General Court, in essence, found that submitting evidence for the first time at... Continue reading
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Navigating Re-Establishment of Rights at the EPO: Key Takeaways from T 0178/23

http://ipkitten.blogspot.com/2024/12/navigating-re-establishment-of-rights.html Uh oh… With the chill in the air, the AmeriKat thought it was a good time to refresh the other chilling sensation – re-establishing rights when you miss EPO procedural time limits. At the helm to steer you through these icy waters is KatFriend, Ian Jones at GJE in London... Continue reading
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[UPCKat] UPC Court of Appeal confirms that opt-outs may be withdrawn for patents subject to pre-UPC national litigation

http://ipkitten.blogspot.com/2024/12/upckat-upc-court-of-appeal-confirms.html Getting harder to turn your back on the UPC? The UPCKat is back with an analysis of last month’s critical opt-out decision in AIM v Supponor. With our guest UPCKat team in the form of guest UPCKat John Snape, and members from the team at Carpmaels, this post will... Continue reading
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[Guest post] Benelux Office rules on opposition proceedings prepared by ChatGPT

http://ipkitten.blogspot.com/2024/12/guest-post-benelux-office-rules-on.html The IPKat has received and is pleased to host the following post by former GuestKat Jan Jacobi (BarentsKrans) concerning a recent trade mark decision of the Benelux IP Office in which the brief in support of an opposed trade mark application had been prepared by … ChatGPT. Here’s what... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/12/never-too-late-if-you-missed-ipkat-last.html If you missed The IPKat last week, then join this Kat in keeping up with the latest IP news. Trade marks and GIs Alessandro Cerri reported on a recent decision of the Fifth Board of Appeal of the EU Intellectual Property Office concerning the likelihood of confusion between two... Continue reading
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General Court: ‘Russian Warship, GO F**K YOURSELF’ non-distinctive

http://ipkitten.blogspot.com/2024/12/general-court-russian-warship-go-fk.html Slogans are a popular marketing tool. They transport messages clearly and succinctly and can be memorized easily. The same is true for political slogans. In a recent judgment, the General Court found that a political slogan closely related to the Russian invasion in Ukraine lacked distinctiveness. Background On 16... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2024/12/sunday-surprises.html Taking note of the next events to attend Another week has come to an end and, as usual, it is time to catch up with the latest events in the IP world. As always, do not forget to check our Events page as well! Events Patent Law – Fit... Continue reading
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CJEU: Commission could disagree with national authorities on GI applications under Regulation 1151/2012 (but not under Regulation 2024/1143)

http://ipkitten.blogspot.com/2024/11/cjeu-commission-could-disagree-with.html Some months ago, this Kat reported on the Advocate General’s (AG) Opinion in case C-579/23 P. It concerns the competence of the European Commission (Commission) when scrutinising applications for geographical indications (GIs) that it receives from the Member States. Now that the Court of Justice of the European Union... Continue reading