In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html The EPO Boards of Appeal have recently taken an uncompromising approach to claim interpretation. The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. However, in contrast to another... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/saturday-sundries.html Summer is in full swing – yet the IPKat is not chilling by the pool, but rather snacking on the Katfood, so that you don’t have to search for it yourself. Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/emoji-not-trademark-for-euipo-but.html According to the decision of 1st June 2023 (original German version and English machine translation) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. Background of the case In 2021 a German company filed application No. 18622650 to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/valedictory-ceremony-for-lord-kitchin.html This Kat just noticed that the valedictory ceremony for Lord Kitchin of the UK Supreme Court will be held on Tuesday 25 July 2023, following the announcement that his Lordship would retire at the end of the legal year in September 2023. The ceremony will take place in Courtroom... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/standard-essential-patents-and-smes.html On 5 July 2023 the UK Intellectual Property Office (UKIPO) published the SEPs questionnaire for SME,small-cap and mid-cap businesses: Summary of Responses. The survey was launched on 21 March 2023 and ended only a month later. The survey was composed of a set of 33 questions which were set to solicit... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/never-too-late-if-you-missed-ipkat-last_11.html Here’s what you missed from the IPKat last week. Patents Henry Yang released the second part of his analysis on the Interdigital v Lenovo FRAND judgement. The analysis focused especially on the Judge’s observation that InterDigital’s practice of heavy discounting for the past was due to two factors: the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/do-names-convey-clear-and-specific.html Names are a classic type of trade marks. But do they convey a concept that allows a conceptual comparison and can they counteract visual and phonetic similarities between trade marks? These are open issues in EU case law. The General Court dealt with both questions in its decisions in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/the-ipkat-team-arrivals-farewells-and.html Every now and then, The IPKat team welcomes new contributors, says thanks and goodbye to existing contributors, and shares some news concerning the Kats. Let’s find out more! InternKats The IPKat is delighted to welcome the following as new InternKats for the next six months. Jocelyn Bosse – Jocelyn... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/book-review-copyright-in-street-oral.html This is a review of “Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/what-role-for-freedom-of-expression.html Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of “due cause” (Article 9(2)(c) EUTMR; Article 10(6)... Continue reading
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