In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/pgi-canard-foie-gras-du-sud-ouest.html In a new evocation case (RG n° 21/16284), the Paris Court of Appeal has found that packaging of frozen food with such word elements as “Sud-Ouest”, “cooked with duck fat” and a duck picture are infringing the protected geographical indication (PGI) “Canard à foie gras du Sud-Ouest” (Duck with... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/to-be-protected-t-shirt-design-must-be.html The protection of works of applied art by intellectual property is a divisive issue. This subject has recently been the subject of some important clarifications [IPKat here, here or here]. This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/is-mickey-mouse-in-public-domain.html On 1st January every year we celebrate the array of works entering the public domain, as their copyright term expires. This year, entering the public domain [generally speaking] are copyright protected works created by people who died in 1953, for countries with a copyright term of life plus 70... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/cjeu-on-burden-of-proof-for-exhaustion.html Some jurisdictions have a doctrine of international exhaustion while in others, like the EU, the exclusive trade mark rights are only exhausted if the goods are placed on the market in the EEA (including the EU, Iceland, Liechtenstein and Norway). In (supra-)national exhaustion regimes, an important question is who... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/upc-and-italy-sign-milan-headquarters.html On 26 January 2024, the Unified Patent Court (UPC) and Italy signed the formal agreement on the Headquarters of the third seat of the UPC Central Division in Milan. The finalization of the agreement was announced with a press release by the Italian Ministry of Foreign Affairs. The... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/when-life-gives-you-lemons-make-cloudy.html In a recent decision which has divided trade mark practitioners across the UK, the High Court of Justice of England and Wales (the Court) found that Aldi’s own-brand cloudy lemon cider product had not infringed the trade mark rights in the packaging of the product it was inspired by. Background In February... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/global-ip-exchange-europe-conference.html IPKat-approved Catz Cafè in Düsseldorf The Katfriends at IQPC Exchange wish to inform IPKat readers that their conference Global IP Europe Exchange will be held on 11-12 March 2024 at Hilton Düsseldorf, Germany. An invitation-only conference, this event aims to bring together 70 leaders from across IP, patent management... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/petition-of-review-filed-in-referring.html The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. If the EBA agrees with the petitioner that there was a violation of their fundamental right to be heard, the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/book-review-and-reader-discount.html This is a review of Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge, by Professor Isabella Alexander, University of Technology Sydney, Australia. This book is available in both hardback and digital open access. For those wishing to purchase the book, a discount code has kindly been... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_27.html If you’re still recovering from a big week and haven’t had the energy to catch up on the IP news, here’s the summary of everything you missed: Patents This Kat is still recovering too. Image from Pixabay. Rose Hughes discussed the EPO Board of Appeal decision T 0438/22 on the... Continue reading
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