• Are consumables component parts of a complex product?

    http://ipkitten.blogspot.com/2023/04/are-consumables-component-parts-of.html A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product (Art. 4(2)(a) of Regulation 6/2002, ‘Design Regulation’). This Kat recently discussed the Monz judgment of the Court of... Continue reading

     
  • Lamenting the closure of Book Depository

    http://ipkitten.blogspot.com/2023/04/lamenting-closure-of-book-depository.html Here is the brief notice that reached this Kat’s inbox (as well as the inbox of others) last week. We are sorry to let you know that Book Depository will be closing on 26 April 2023 You can still place orders until midday (12pm BST) on 26 April 2023... Continue reading

     
  • US Copyright Office issues guidance on the protection of AI-generated works

    http://ipkitten.blogspot.com/2023/04/us-copyright-office-issues-guidance-on.html   On 16 March 2023, the US Copyright Office (USCO) published the “Copyright registration guide: works containing material generated by artificial intelligence”. This is a short guide containing a “statement of policy” aimed at clarifying the position of the USCO regarding the examination and registration of works whose creation... Continue reading

     
  • Construing the claims to include technical effects mentioned in the description (T 1924/20)

    http://ipkitten.blogspot.com/2023/04/construing-claims-to-include-technical.html Claim interpretation is the current hot-topic at the EPO, specifically the extent to which the description should be taken into account in claim interpretation. The EPO has recently taken a hard line against using the description to narrow the meaning of clear language in the claims. There is, however, another... Continue reading

     
  • Book Review: Intellectual Property and Development – Geographical Indications in Practice

    http://ipkitten.blogspot.com/2023/04/book-review-intellectual-property-and.html This Kat has been savouring “Intellectual Property and Development – Geographical Indications in Practice” by Barbara Pick (Routledge, 2022) and is ready to share her review! The book consists of two parts, comprised of nine chapters. Part I opens with an introductory chapter. The research objective is to evaluate,... Continue reading

     
  • Never too late: if you missed the IPKat this week

    http://ipkitten.blogspot.com/2023/04/never-too-late-if-you-missed-ipkat-this.html   We may be in April now, but here’s what you missed from the IPKat back in March.   Copyright Guest contributor Desmond Oriakhogba discussed the impact of Nigeria’s new Copyright Act 2022 on libraries, and how they stand to benefit from a range of exceptions in the act... Continue reading

     
  • [Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

    http://ipkitten.blogspot.com/2023/04/guest-post-siae-vs-meta-no-more-italian.html The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. Here’s... Continue reading

     
  • Friday Fantasies

    http://ipkitten.blogspot.com/2023/04/friday-fantasies.html The time for chocolate eggs is here. But it is also time to take stock of the latest IP events and opportunities. A Kat hunting for chocolat eggs Events 26 April 2023: IPAN’s World IP Day event The Intellectual Property Awareness Network (IPAN) will organize its World IP Day... Continue reading

     
  • Looking beyond ST.26: Is it time for patent offices to enter the bioinformatic age?

    http://ipkitten.blogspot.com/2023/04/looking-beyond-st26-is-it-time-for.html There has been much discussion regarding the implementation of the new sequence listing requirement for patent applications, ST.26 (IPKat). This Kat proposes taking a step back from the legal minutiae of ST.26 implementation to ask a more fundamental question. In a world in which incalculable amounts of sophisticated sequence data... Continue reading

     
  • Tales of two bunnies: Miffy’s trade mark owner prevents registration of rabbit mark for sex toys

    http://ipkitten.blogspot.com/2023/04/tales-of-two-bunnies-miffys-trade-mark.html This decision concerns an opposition to a figurative trade mark registration based on Article 8(5) EUTMR. In particular, the Board of Appeal (BOA) had to rule on the demonstration of the high reputation of the opponent’s trade mark (representing the face of the character Miffy) and the risk of... Continue reading