• [Guest post] German court finds LAION’s copying of images non-infringing

    http://ipkitten.blogspot.com/2024/09/guest-post-german-court-finds-laions.html The IPKat has received and is pleased to host the following guest post by former Kat Mirko Brüß (Rechtsanwalt Mirko Brüß) on yesterday’s important Hamburg decision on unlicensed text and data mining (TDM). This is the first decision in Europe tackling Articles 3 and 4 of the DSM Directive.... Continue reading

     
  • Saturday Sundries

    http://ipkitten.blogspot.com/2024/09/saturday-sundries.html As autumn has begun, the IP world is buzzing with events, opportunities and news: don’t miss them! Forthcoming events and call for papers WIPO has launched the 2025–2026 Training, Mentoring, and Matchmaking Program on Intellectual Property for Women Entrepreneurs from Indigenous Peoples and Local Communities in Pacific Island countries.... Continue reading

     
  • Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

    http://ipkitten.blogspot.com/2024/09/belgian-constitutional-court-refers-13.html Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here]. The ruling stays the proceedings and refers 13 questions to... Continue reading

     
  • The Global Innovation Index (GII) 2024

    http://ipkitten.blogspot.com/2024/09/the-global-innovation-index-gii-2024.html The 17th edition of the Global Innovation Index (GII) was released yesterday. Published since 2007, the GII has been a useful source of analysis for measuring innovation. Review here this TechieKat’s reports on previous editions of GII. The GII 2024 was published by the World Intellectual Property Organization (WIPO) in partnership... Continue reading

     
  • [Guest post] Xactware Solutions Inc. vs. Buildxact Software Ltd: Four Appeals and a Recusal

    http://ipkitten.blogspot.com/2024/09/guest-post-xactware-solutions-inc-vs.html The IPKat has received and is pleased to host the following guest contribution by Ian Gill (AA Thornton), who moves from a recent appeal against a trade mark decision of the UK Intellectual Property Office (IPO) to discuss – more generally – appeals in IPO practice. Here’s what Ian... Continue reading

     
  • Pharma & Biotech Patent Litigation Summit (& UPC Litigation Forum) returns to Amsterdam with 15% IPKat readers’ discount

    http://ipkitten.blogspot.com/2024/09/pharma-biotech-patent-litigation-summit.html A stroll along the Amsterdam canals is a must The Katfriends at Kisaco Research are back with a 3-day conference aimed at patent-focussed IPKat readers. The Pharma & Biotech Patent Litigation Summit will take place in Amsterdam on 21 and 22 January 2025, with the UPC Litigation Forum taking... Continue reading

     
  • EUIPO clarifies the value of printed social media’s screenshots in a design invalidity action

    http://ipkitten.blogspot.com/2024/09/euipo-clarifies-value-of-printed-social.html   By decision of 11 September 2024 (R 5/2024), the Board of Appeal of the European Union Intellectual Property Office (EUIPO) overturned the first instance decision by the Invalidity Division and denied the evidential value as prior disclosure of printed screenshots of social media posts (together with their hyperlinks)... Continue reading

     
  • Never Too Late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2024/09/never-too-late-if-you-missed-ipkat-last_23.html It is never too late to catch up with the IPKat! If you could not keep up with us last week, then join this Kat for a summary of what you missed. Trade Marks and Geographical Indications Marcel Pemsel argued that being less precise could assist in the battle for... Continue reading

     
  • Geographical indications – Less is more (distinctive)

    http://ipkitten.blogspot.com/2024/09/geographical-indications-less-is-more.html The more precise a geographical indication refers to a specific location, the less distinctive it seems to be, at least according to the case law of the General Court. This counter-intuitive result has been confirmed recently in invalidity proceedings concerning the trade mark ‘Hinterland’. Background On 9 September 2019,... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2024/09/sunday-surprises_22.html The IPKat proudly presents the Kat news of the past week. WIPO Classification Helpdesk Having trouble with correctly classifying your goods and services in your trade mark application? Despair not! Contact WIPO’s new Classification Helpdesk instead. WIPO promises a rapid response, expert guidance and comprehensive support to get your... Continue reading