The IPKat BLOG – Page 34

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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
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Wine-maker’s opposition against EUTM of an elderly man’s face found by EUIPO to be nothing more than sour grapes

http://ipkitten.blogspot.com/2024/11/wine-makers-opposition-against-eutm-of.html A recent decision of the Fifth Board of Appeal (the Board) of the EU Intellectual Property Office (EUIPO) found that there was no likelihood of confusion between two pictures of elderly men’s faces, even though there were both registered as European Union Trade Marks (EUTMs) in respect of the same goods. ... Continue reading
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[Book review] Design law: Global Law and Practice

http://ipkitten.blogspot.com/2024/11/book-review-design-law-global-law-and.html Recently, there has been a surge of notable developments in the domain of design law, including the publication of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823 [IPKat on this point here] and the adoption of a Design Treaty in Riyadh. In line with all this flurry of activity, this... Continue reading
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[Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s head/face as an EU trade mark

http://ipkitten.blogspot.com/2024/11/guest-post-euipo-second-board-of-appeal.html The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month’s IPKat webinar on image... Continue reading
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Pharma & Biotech Patent Litigation Summit (& UPC Litigation Forum) returns to Amsterdam in January with 15% IPKat readers’ discount

http://ipkitten.blogspot.com/2024/11/pharma-biotech-patent-litigation-summit.html Kat-boat in Amsterdam As previously announced, the Pharma & Biotech Patent Litigation Summit will take place in Amsterdam on 21 and 22 January 2025, with the UPC Litigation Forum taking place on 20 January. The full event agenda is available here. Over the past few weeks, new speakers and chair have... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last_25.html Never too late to get back on track! Join this Kat to catch up on what you may have missed. Trade marks Jocelyn Bosse reported on a recent decision of the Federal Court of Australia concerning the honest concurrent use of a trade mark. The court was asked to... Continue reading
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Monday Melange

http://ipkitten.blogspot.com/2024/11/monday-melange.html Another week has begun and it’s time to catch up with the usual IPKat round-up of IP developments, events, and opportunities. As always, do not forget to regularly check our Events page as well. The warm comfort of IP events… Events Workshop: The Human Right to a Healthy Environment: What... Continue reading
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Does the sale of goods in Turkey lead to exhaustion of EU trade mark rights?

http://ipkitten.blogspot.com/2024/11/does-sale-of-goods-in-turkey-lead-to.html The European Economic Area (‘EEA’) consists of Iceland, Norway, Liechtenstein and the EU. It seems obvious that trade mark rights regarding goods placed on the Turkish market by the trade mark owner are not exhausted under Art. 15 EUTMR. According to this provision, An EU trade mark shall not... Continue reading
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Arusha Protocol for the Protection of New Varieties of Plants finally enters into force

http://ipkitten.blogspot.com/2024/11/arusha-protocol-for-protection-of-new.html Nearly a decade after it was concluded, the Arusha Protocol for the Protection of New Varieties of Plants entered into force today, one year after the ratification of its fourth member state. This Protocol was made under the framework of the African Regional Intellectual Property Organization (ARIPO) and was adopted... Continue reading
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[Guest post] EU General Court invalidates Chiquita trade mark for bananas as it considers it devoid of distinctive character

http://ipkitten.blogspot.com/2024/11/guest-post-eu-general-court-invalidates.html The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the General Court concerning a figurative trade mark held by Chiquita. Here is what Nedim writes: EU General Court invalidates Chiquita trade mark... Continue reading