The IPKat BLOG – Page 270

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Conference Report: “Artificial Intelligence: Challenges for Intellectual Property Law”

http://ipkitten.blogspot.com/2019/11/conference-report-artificial.html Kat friend Rachel Platts provides IPKat readers with a summary of the recent conference on Artificial Intelligence: Challenges for Intellectual Property Law. On 17 and 18 October 2019, the Academy of European Law (ERA) hosted a conference in Brussels on “Artificial Intelligence: Challenges for Intellectual Property Law”. The conference... Continue reading
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[Guest Post] Novelty of Cripps Pink Apples under Council Regulation on Community Plant Variety Rights

http://ipkitten.blogspot.com/2019/11/guest-post-novelty-of-cripps-pink.html Cripps Pink is a sweet, crisp and crunchy variety of apple that was developed by Mr John Cripps (‘the breeder’), a researcher in the Plant Industries division of the Department of Agriculture and Food Western Australia (‘the Department’), by crossing Golden Delicious and Lady Williams varieties. This case is about the... Continue reading
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Rolling to a stop – Jaguar Land Rover shape trade mark rejected, this time by the UKIPO

http://ipkitten.blogspot.com/2019/11/rolling-to-stop-jaguar-land-rover-shape.html When it comes to registering a trade mark, especially a three-dimensional shape, it is clear from the beginning that this will be an uphill battle. From the recent reappearance of the Rubik’s cube (IPKat analysis here), to the KitKat and the London taxi, the list of rejections will certainly intimidate the casual... Continue reading
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No economic links, no exhaustion of the “Schweppes” mark in Spain

http://ipkitten.blogspot.com/2019/11/no-economic-links-no-exhaustion-of.html For Kat readers who cannot get enough about exhaustion of IP rights (and even for Kat readers who can), Kat friend Raúl Bercovitz reports on a fascinating case in Spain regarding the “Schweppes” mark. As a consequence of a voluntary assignment of Schweppes Cadbury’s trademarks to the Coca Cola... Continue reading
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China introduces new regulation tackling bad faith trade marks… and who is Jing Hanqing?

http://ipkitten.blogspot.com/2019/11/china-introduces-new-regulation.html As a key point of the Chinese government’s initiative to curb the proliferation of bad faith trade mark applications, Several Provisions for Regulating Application for Trade Mark Registration (规范商标申请注册行为若干规定, hereinafter referred to as ‘the Provisions’) will go into effect as of 1 December 2019. The full text (in Chinese,... Continue reading
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Michael Palmedo named Shamnad Basheer IP/Trade Fellow

http://ipkitten.blogspot.com/2019/11/michael-palmedo-named-shamnad-basheer.html Less than three months ago, Professor Shamnad Basheer from India had his singular career in IP and social justice cut short at the age of 43 (here and here). One of Shamnad’s principal interests was the pharmaceutical industry and how IP, trade and regulatory law impact on the availability... Continue reading
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Benelux Court of Justice rules on use of a well-known trade mark in a work of art

http://ipkitten.blogspot.com/2019/11/benelux-court-of-justice-rules-on-use.html The Benelux Court of Justice recently handed down an interesting decision on the use of a well-known trade mark in a work of art [decision here, in Dutch]. Non-Benelux readers might not be familiar with this supranational court common to the Benelux countries: it exists to rule on issues... Continue reading
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What was the relevant undertaking? Further comments on Unilever v Shanks [2019] UKSC 45

http://ipkitten.blogspot.com/2019/11/what-was-relevant-undertaking-further.html Since the release of the UK Supreme Court’s decision in Unilever v Shanks [2019] UKSC 45 (IPKat post here) the mainstream and social media have been awash with hyperbole as to the potential impact of the decision on large employers. However, the UK Supreme Court’s (UKSC) decision was not... Continue reading
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A case for our times: Ambiguity, insufficiency and uncertainty (Anan Kasei v Neo [2019] EWCA Civ 1646)

http://ipkitten.blogspot.com/2019/11/a-case-for-our-times-ambiguity.html Readers may be tired of the current political milieu of ambiguity and uncertainty. Thankfully, this is a patent case, not another episode in the UK’s political drama. In Neo v Anan Kasei([2019]EWCA Civ 1646) the Court of Appeal again considered the thorny issue of insufficiency, both the Kirin-Amgenand the Biogen kind. The Court... Continue reading
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BREAKING: High Court of England and Wales weighs in on communication to the public and linking

http://ipkitten.blogspot.com/2019/11/breaking-high-court-of-england-and.html This morning the High Court of England and Wales ruled in an important case – a “test case” according to the court – concerning the right of communication to the public over the internet, including linking in the aftermath of the CJEU judgment in GS Media [Katposts here], as... Continue reading