The IPKat BLOG – Page 38

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Monday Miscellany

http://ipkitten.blogspot.com/2024/10/monday-miscellany.html With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_28.html While gearing up for Halloween weekend, you might have missed the IPKat last week. Here’s what was covered: Copyright Image by Riana Harvey Eleonora Rosati commented on Kwantum, a case decided by the Court of Justice of the EU (CJEU) a few days ago. In line with the Advocate... Continue reading
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CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

http://ipkitten.blogspot.com/2024/10/cjeu-rules-that-eu-member-states-cannot.html The chair at the centre of the Dutch litigation on its own … Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum, C-227/23, substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here], which was only... Continue reading
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[Guest post] Thou shalt not discriminate the Lego block over any other kind of product – GRUR speaks out on C-211/24

http://ipkitten.blogspot.com/2024/10/guest-post-thou-shalt-not-discriminate.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request... Continue reading
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Event reminder (1 week to go!) – IPKat webinar “Image rights in the age of AI: Less is more or more is better?”

http://ipkitten.blogspot.com/2024/10/event-reminder-1-week-to-go-ipkat.html As The IPKat announced earlier this month, on 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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Combination of common architectural elements does not make orangery original

http://ipkitten.blogspot.com/2024/10/combination-of-common-architectural.html It is always interesting to analyse how national courts apply the concept of originality depending on the nature of the work for which copyright protection is claimed. A recent decision issued by the Paris Court of Appeal concerning the alleged infringement of an ephemeral orangery is worthy of note.... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_22.html Here is a weekly catch-up of what you might have missed! Copyright Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered... Continue reading
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EUIPO Grand Board finally confirms Nightwatch decision on EUTM conversions

http://ipkitten.blogspot.com/2024/10/euipo-grand-board-finally-confirms.html In response to the first referral from the Executive Director of the EU’s Intellectual Property Office (EUIPO), the EUIPO’s enlarged Board of Appeal (the Grand Board) has confirmed that an EU Trade Mark (EUTM) application which is withdrawn during the appeal period following a refusal decision from the EUIPO, can proceed to conversion... Continue reading
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Monster Mash

http://ipkitten.blogspot.com/2024/10/monster-mash.html With Halloween around the corner, it is time to review a ‘monstrous’ decision of the German Patent Court involving the popular Monster Energy drink. Background In 2017, FOKUS BILGISAYAR SANAYI VE TICARET LIMITED SIRKETI (‘Fokus’) designated Germany in its International Registration no. 1352854 for the following sign:
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[Book Review] The Protection of Geographical Indications: Law and Practice (3rd edition)

http://ipkitten.blogspot.com/2024/10/book-review-protection-of-geographical.html This is a review of the newest edition of The Protection of Geographical Indications: Law and Practice (Edward Elgar, 2024) by Michael Blakeney (University of Western Australia). Now in its third edition, the text provides detailed commentary on the European laws on geographical indications (GIs) and related areas of law. The... Continue reading