The IPKat BLOG – Page 33

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[Book Review] Intangible Intangibles

http://ipkitten.blogspot.com/2024/08/book-review-intangible-intangibles.html This is a review of the book, Intangible Intangibles: Patent Law’s Engagement with Dematerialised Subject Matter, by Professor Brad Sherman (University of Queensland). “Dematerialisation” is a term for the decoupling of subject matter from the physical (such as biological materials used by life scientists) and the shift to the... Continue reading
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10 IP Books to Pack in Your Summer Totes

http://ipkitten.blogspot.com/2024/08/10-ip-books-to-pack-in-your-summer-totes.html Picture this: you’re lounging somewhere in the Mediterranean relaxed and carefree under your beach umbrella. A gentle summer breeze is rustling the pages of the self-improvement book you bought from the corner kiosk, the one that promised to solve all your problems in ten simple steps. But there’s a... Continue reading
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EUIPO says comparing virtual goods to real-life goods like apples and oranges

http://ipkitten.blogspot.com/2024/08/euipo-says-comparing-virtual-goods-to.html In a recent decision (No B3199946) on comparing virtual and real-world goods and services for the purposes of oppositions, the Opposition Division of the EU Intellectual Property Office (EUIPO) refused to extend a finding of similarity between goods/services in class 35 to the same goods/services when applied to the virtual... Continue reading
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[Guest post] Does ‘ICE LAND’ mislead consumers about the origin of the goods? (Unlike EUIPO) No, says Appeal Board in Uzbekistan

http://ipkitten.blogspot.com/2024/07/guest-post-does-ice-land-mislead.html The IPKat has received and is pleased to host the following guest contribution by Katfriends by Khalil Jurayev and Javohir Kurbonov (My lawyer Law Firm) on a recent case concerning a request, lodged by Iceland (the country), to invalidate ‘ICE LAND’ as a trade mark registered in Uzbekistan. Here’s... Continue reading
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WIPO releases Guide to Trade Secrets and Innovation

http://ipkitten.blogspot.com/2024/07/wipo-releases-guide-to-trade-secrets.html It might be argued that the most frequently discussed topics in the field of intellectual property are copyright, design law, patents and trade marks. However, other branches of IP are deserving of close attention, one such area being trade secrets. The World Intellectual Property Organization (WIPO) has just launched... Continue reading
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Revving halt: EUIPO upholds refusal to register Porsche’s accelerating engine sound mark

http://ipkitten.blogspot.com/2024/07/revving-halt-euipo-upholds-refusal-to.html By decision of 20 June 2024 (R 1900/2023, original German version here and English machine translation here), the Board of Appeal (BoA) of EUIPO confirmed the initial refusal (see The IPKat here) to register a sound mark consisting of an accelerating engine noise. The BOA confirmed the lack... Continue reading
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[Book Review] The EU Geo-blocking Regulation: A Commentary

http://ipkitten.blogspot.com/2024/07/book-review-eu-geo-blocking-regulation.html This is a review of “The EU Geo-Blocking Regulation: A Commentary” by Marketa Trimble (William S. Boyd School of Law). According to the author, this commentary of the Geo-blocking Regulation is intended to aid lawyers, academics, judges, legislators, and technical experts alike in interpreting and applying the Regulation. From... Continue reading
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When is the inventor of an AI model also an inventor of the model’s output? A closer look at the USPTO Guidance for AI-Assisted Inventions

http://ipkitten.blogspot.com/2024/07/when-is-inventor-of-ai-model-also.html According to the USPTO guidance for AI-assisted inventions, AI has the potential to solve some of society’s most difficult challenges. However, in the patent realm, the USPTO also believes that “inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity”. How then are AI-generated... Continue reading
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[Guest post] Retromark Volume XIV: the last six months in trade marks

http://ipkitten.blogspot.com/2024/07/guest-post-retromark-volume-xiv-last.html If you are interested in trade mark law developments, you cannot miss the classic Retromark update. Darren Meale of Simmons & Simmons presents the fourteenth volume in his rundown of notable trade mark cases over the past six months. Heres’s what Darren writes: Retromark Volume XIV: the last six... Continue reading
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Venice Court on “Balsamic Vinegar” and unfair competition

http://ipkitten.blogspot.com/2024/07/venice-court-on-balsamic-vinegar-and.html By decision of 19 December 2023 (not appealed), the court of first instance of Venice ruled in favour of the Consorzio Tutela Aceto Balsamico di Modena (Consortium for the Protection of Balsamic Vinegar of Modena, “the Consortium”) against two Italian companies for acts of unfair competition due to the breach... Continue reading