The IPKat BLOG – Page 57

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Old bottles for “New Certan”? Bordeaux wine producer brings unsuccessful passing off claim in the Australian Federal Court

http://ipkitten.blogspot.com/2024/03/old-bottles-for-new-certan-bordeaux.html In the latest dispute between European and Australian wine producers, a single judge of the Federal Court of Australia has found that a Tasmanian wine producer had not passed off its “New Certan” wine as being connected or associated with the Bordeaux wine estate, Vieux Château Certan (VCC). Sniffing... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2024/03/sunday-surprises_17.html With rising temperatures and spring in the air in Europe, here come the latest Kat news, events and more. Kat news Eleonora Rosati commented in a Politico article on the refusal of the trade mark application for the figurative sign by the EUIPO (no. 018672791), filed by the Administration... Continue reading
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French court confirms copyright protection for “Tam Tam” stool

http://ipkitten.blogspot.com/2024/03/french-court-confirms-copyright.html Works of applied art seem to be an inexhaustible source of intellectual property disputes [IPKat here, here and here]. This is surely due to their omnipresence in our daily lives, and the competition between the various players in the sector, thinks this Kat. This time, this Kat has found... Continue reading
In: The IPKat BLOG

[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

http://ipkitten.blogspot.com/2024/03/guest-post-dramatic-reversal-in-crispr.html In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. An interesting question following G 1/22 was the potential impact (if any) on the high-profile CRISPR dispute. The Broad Institute famously... Continue reading
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[Guest Post] Complexities of audiovisual copyright claims in Nigeria: Ini Edo and Chinenye Nworah’s dispute over Shanty Town (Neflix)

http://ipkitten.blogspot.com/2024/03/guest-post-complexities-of-audiovisual.html The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. Here’s what Nkem... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/03/never-too-late-if-you-missed-ipkat-last_12.html If you were too busy to stay up-to-date with the IP news last week, here’s the summary of what you missed. IP Generally Image from yacubee via Pixabay. Antonios Baris reviewed the book, Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Jacques de Werra. This edited... Continue reading
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Puma v/ EUIPO: Posts on celebrity’s social media accounts may constitute early disclosure of a registered design

http://ipkitten.blogspot.com/2024/03/puma-v-euipo-posts-on-celebritys-social.html The promotion of items on social media by celebrities and influencers is commonplace for companies. Celebrities are often invited to collaborate to the creation of specific products, or even find themselves at the helm of a brand’s artistic direction. However, these collaborations or partnerships don’t always work out as... Continue reading
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CJEU: The Paris Convention does not allow cross-IP priority claims

http://ipkitten.blogspot.com/2024/03/cjeu-paris-convention-does-not-allow.html The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here). As... Continue reading
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[Guest Post] Tax Court of South Africa wrestles with “arm’s length” royalties rate for IP licenses

http://ipkitten.blogspot.com/2024/03/guest-post-tax-court-of-south-africa.html One of the sure things in the world of royalties and royalty rate calculations is taxes. Katfriend Thato Moloto (Trademarkia) writes on the methods used in calculating royalty rates for IP licences to enable the determination of appropriate taxes. Here’s what Thato writes: Tax Court of South Africa wrestles... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2024/03/sunday-surprises_10.html With a new week just about to start, readers are informed about relevant developments in the IP world. Forthcoming events New events and conferences are added to our Events page continuously, so do not forget to check it out regularly! Reminder of IPKat event ‘(Re-)discovering the copyright basics –... Continue reading