The IPKat BLOG – Page 36

In: The IPKat BLOG

Crystal clear? G 2/21 applied to polymorph patents (T 1994/22)

http://ipkitten.blogspot.com/2024/07/crystal-clear-g-221-applied-to.html The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation (IPKat). Since G 2/21, Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the “plausibility/credibility test”) remains unchanged. With regards... Continue reading
In: The IPKat BLOG

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

http://ipkitten.blogspot.com/2024/07/guest-post-cjeu-new-licensing-rules-for.html The IPKat has received and is pleased to host the following contribution by former GuestKat Mirko Brüß (Brüß Law) analyzing two recent decisions of the Court of Justice of the European Union (CJEU) on the evergreen right of communication to the public. Here’s what he writes: CJEU: New licensing... Continue reading
In: The IPKat BLOG

Ukraine’s “Melitopol cherry” the latest target of Russian appropriation

http://ipkitten.blogspot.com/2024/07/ukraines-melitopol-cherry-latest-target.html On Friday, the Russian Federal Service for Intellectual Property (Rospatent) announced the registration of a new geographical indication (GI): the “Melitopol Cherry”. The popular sweet cherry is grown in the Zaporizhzhia region of Ukraine and has been registered as a Ukrainian GI since 2020, prompting calls for the World Intellectual... Continue reading
In: The IPKat BLOG

Nike and Puma fight over FOOTWARE

http://ipkitten.blogspot.com/2024/07/nike-and-puma-fight-over-footware.html From a marketing perspective, a good trade mark provides information on the goods and services but is still sufficiently distinctive to stand out – and get registered as a trade mark. Sometimes, the creative alteration of a descriptive word does not go far enough, as the following case concerning... Continue reading
In: The IPKat BLOG

The EU AI Act has been published

http://ipkitten.blogspot.com/2024/07/the-eu-ai-act-has-been-published.html Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It’s not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long... Continue reading
In: The IPKat BLOG

[Guest post] The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics

http://ipkitten.blogspot.com/2024/07/guest-post-brat-phenomenon-exploring.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Spyridon Sipetas (Stockholm University), tackling the IP implications of ‘brat’. You don’t even know what ‘brat’ means? Read on then! The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/07/never-too-late-if-you-missed-ipkat-last_10.html If you were too busy to keep up with last week’s IP news, here’s the summary of what you missed. Trade Marks and Designs Image from Pixabay. Marcel Pemsel evaluated the ruling of the German Supreme Court concerning the 3D trade mark for Volkswagen’s famous ‘Bulli’ vehicle. A model... Continue reading
In: The IPKat BLOG

Memelords unite! Eighth Circuit rejects fair use of meme in Griner v. King

http://ipkitten.blogspot.com/2024/07/memelords-unite-eighth-circuit-rejects.html Kats are always right! Several years ago, the IPKat stated that the creation and distribution of GIFs does not necessarily appear to be a safe bet from a copyright perspective under the laws of the EU member states, as it would constitute a prima facie infringement given the closed... Continue reading
In: The IPKat BLOG

The misadventures of Tintin in the land of parody and freedom of artistic expression

http://ipkitten.blogspot.com/2024/07/the-misadventures-of-tintin-in-land-of.html The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [IPKat here or here]. Hergé’s legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection... Continue reading
In: The IPKat BLOG

Small cars, big trouble reloaded

http://ipkitten.blogspot.com/2024/07/small-cars-big-trouble-reloaded.html Not too long ago, this Kat discussed here the German Supreme Court judgment DACHSER, confirming that model toys of real-life cars and buildings do not, in principle, infringe the word and figurative trade marks for the real-life products. Volkswagen tried to convince the courts of the opposite by enforcing... Continue reading