In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/11/infringing-ai-liability-for-ai.html One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/ip-strategy-for-ai-assisted-drug.html AI has been hailed as a potentially revolutionary tool for accelerating and enhancing the difficult and expensive process of drug discovery. Medicine perhaps represents the field in which AI has the most to offer humanity. However, the nascent field of AI-assisted drug design also highlights the need for IP... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/two-skulls-are-confusingly-similar.html In the spirit of Halloween, the IPKat is bringing you a spooky trade mark infringement decision. It involves the iconic skull bottle of Crystal Head Vodka and a hauntingly similar skull-shaped bottle design. The decision of the Higher Regional Court of Hamburg probably sent shivers down the spine of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/the-morality-and-patentability-of.html Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/the-shape-of-mini-sausage-is-not.html In a recent decision, the Regional Court of Munich (LG München) found that the protected geographical indication (PGI) “Nürnberger Rostbratwürste” had not been infringed by a competitor’s mini sausages (33 O 4023/23). The case might well be the first application of the recently adopted Regulation (EU) 2024/1143 on geographical... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/bologna-court-of-appeal-confirms-that.html The Duke’s Aceto Balsamico di Modena … Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/guest-post-ufc-que-choisir-v-valve-game.html The IPKat has received and is pleased to host the following guest post by Katfriends Jean-Sébastien Mariez and Laura Godfrin (both Momentum Avocats), discussing a very recent ruling of the French Supreme Court regarding second-hand markets for digital goods. Here is what they write: UFC-Que Choisir v. Valve: Game... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/revocation-for-non-use-of-baccarats.html It is not uncommon for well-established companies with a business firmly rooted in a given product category to desire expansion. For example, several companies that are primarily engaged in the production of apparel have extended their product lines to encompass home furnishings (and vice versa) (e.g. here or here).... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/book-review-designs-law-and-practice.html This is a review of “Designs Law and Practice (3rd Edition)” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/event-reminder-1-day-to-go-ipkat.html As The IPKat announced earlier this month, TOMORROW (Wednesday, 30 October), we will be running a webinar – kindly hosted by international law firm Bird & Bird LLP on StreamYard – to discuss the present and future of image/publicity rights, also in light of the challenges that AI and... Continue reading
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