In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/eu-regulation-on-geographical.html The EU Regulation on geographical indication (GI) protection for craft and industrial products was approved by the Council on 9 October 2023 (IPKat here), entered into force on 16 November 2023 and will be fully applicable from 1 December 2025. Its purpose is to assist producers in preserving... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/how-did-ww1-and-ww2-impact-french.html In the past months, this Kat has been captivated by the question of how wars impact traditional regional products and, ultimately, the registration of geographical indications (GIs) [see also earlier posts on the Versailles Treaty and on Camembert]. I would now like to share with our readers some of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/when-is-derivative-work-original-and.html The book that is going to change copyright law? After the referrals in Mio [IPKat here and here] and USM Haller [IPKat here], another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/coco-chanels-independent-distinctive.html One of the most sophisticated concepts in EU trade mark law is the independent distinctive role of an element of a complex trade mark. It started with the THOMSON LIFE case (discussed here) where the earlier mark ‘LIFE’ has been combined with the company name ‘THOMSON’ to ‘THOMSON LIFE’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/a-butterfly-is-not-conceptually-similar.html Italian fashion company Cris Conf S.p.A. owns a figurative trade mark depicting two birds on a ring. It opposed an application for identical goods depicting a butterfly on a ring. By decision dated 11 January 2024 (available only in the original version in Italian) the EUIPO’s Opposition Division... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/dont-shoot-yourself-in-foot-european.html In the US, the principle of file wrapper estoppel is well established. Submissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_13.html If you’ve had a rough time staying on top of things this week, not to worry! Here’s the summary of what you missed: Trade Marks Clearly, this Kat is on top of things!Image from Pexels. Eleonora Rosati outlined the recent Board of Appeal decision about Prada’s application to register... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/friday-fantasies_12.html The AmeriKat getting her winter coaton Brrr, it’s cold in here…If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/plant-varieties-and-priority-periods.html The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/french-domain-name-registrar-transfers.html In a recent decision, AFNIC, the French country-code top-level domain name registrar, transferred the rights to the domain name ‘porcelainefrancaisedelimoges.fr’ to the owners of the French geographical indication (GI) ‘Porcelaine de Limoges’ (decision FR-2023-03612). Background In 2014, France introduced a national system of GI protection for craft and industrial... Continue reading
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