In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/saturday-sundries_27.html Here is your weekly update of IP news and events! News PatKat reviewing this week’s IP news The EPO Boards of Appeal have issued a Notice on accelerating proceedings in light of the potential need for accelerated proceedings in view of the now operational Unified Patent Court (UPC). The notice... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/another-brick-in-legos-modular-systems.html By decision of 24 January 2024 (T-537/22), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/eu-court-of-justice-clarifies-scope-of.html In a recent decision (C-361/22) on the scope of the referential use exception in respect of trade mark infringement, the EU Court of Justice (the Court) clarified that the exception was extended by Directive 2015/2435 (the 2015 TM Directive), as it previously applied only where the use was necessary to indicate the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/ipkat-book-of-year-awards-2023-winners.html Thank you to readers who voted for the IPKat book of the year awards 2023! Despite the change in application process, this year was our most popular awards since its inception six years ago. Here are the nominees and winners: Best Patent Law Book The nominations, in no particular... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/cjeu-damage-claim-for-unlawful.html When a provisional measure against an alleged IP infringement is lifted, the defendant must, in principle, be able to claim compensation for losses suffered as a consequence of the provisional measure. The foundation for such a claim in the EU is Art. 9(7) of Directive 2004/48/EC (‘Enforcement Directive’), which... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/deletion-of-claim-like-clauses-board-of.html The recent decision in T 0438/22 is a relatively lengthy justification of the EPO’s idiosyncratic requirement for the description of a patent to be amended in line with the allowed claims. The decision is yet another contribution to the ongoing debate over whether the EPO’s strict approach to amendment of the description... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/saturday-sundries.html IP events, news, and opportunities are continuously announced as the end of January rapidly approaches. Check them out! Events Seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’. City, University of London will hold the seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’ on 14 February... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_20.html If you’ve been stretched thin lately and haven’t kept up with the IP news, here’s the summary of what you missed. Trade Marks and GIs This Kat has been stretched thin too.Image from Pexels. Marcel Pemsel discussed the latest in plant-based trade marks with the General Court decision that ‘MYBACON’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/guest-post-3d-trade-mark-application.html The IPKat has received and is pleased to host the following guest contribution by Victoria Thüsing (Stockholm University) on a recent decision of the EUIPO Fifth Board of Appeal concerning an application to register, as a shape mark, the design of a tent. Here’s what Victoria writes: 3D trade... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/tom-mitcheson-kc-appointed-deputy-high.html Tom Mitcheson KC The AmeriKat was warmed in the cold of her Friday morning to learn of the news that Tom Mitcheson KC (Three New Square) has been appointed as Deputy High Court Judge. Litigators in the Patents Court can now add Tom to the list of potential judges... Continue reading
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