The IPKat BLOG – Page 67

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Book review: L’épuisement des droits de propriété intellectuelle sur un matériel biologique en droit suisse

http://ipkitten.blogspot.com/2023/12/book-review-lepuisement-des-droits-de.html There is plenty of issues surrounding exhaustion of intellectual property rights, which are also the subject of numerous decisions [IPKat here, here or here]. This time, this Kat had the opportunity to review Pierre Heuzé’s published PhD thesis, written in French, titled “L’épuisement des droits de propriété intellectuelle sur un... Continue reading
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A royal headache for EU trade mark courts – the Italian SUSSEX ROYAL trade mark application is revived by the EU Board of Appeal

http://ipkitten.blogspot.com/2023/12/a-royal-headache-for-eu-trade-mark.html In a recent decision (R 1729/2022-4) on the distinctiveness of individual parts of composite word marks, the EUIPO’s Fourth Board of Appeal (the Board) reversed a decision of the Opposition Division which had rejected an Italian individual’s EU trade mark application for ‘SUSSEX ROYAL’, despite finding that a significant part... Continue reading
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Optis v Apple Trial E (Part I): findings on specific issues and topics

http://ipkitten.blogspot.com/2023/12/optis-v-apple-trial-e-part-i-findings.html This is Trial E, one of the six related trials between Optis and Apple. Trials A – D are technical trials about the validity and/or essentiality of certain patents (the Judge in Trial E observed that the sample in these technical trials was too small to allow him to... Continue reading
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A lion’s head is a weak trade mark, says General Court

http://ipkitten.blogspot.com/2023/12/a-lions-head-is-weak-trade-mark-says.html On 20 December 2023, the General Court (GC) issued its decision in the case T-564/2 regarding the registration of an EU figurative trade mark representing a lion’s head encircled by rings forming a chain in classes 14 and 25. Background On 23 November 2017, Pierre Balmain... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_29.html While the New Year is approaching, let’s look back at what you might have missed last week. Patents Image by Riana Harvey Rose Hughes discussed the recent Board of Appeal decision in T 2172/21, which highlights the inadequacy of mere lists of various features for satisfying the basic requirements... Continue reading
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IPKat Book of the Year Awards 2023 – reminder!

http://ipkitten.blogspot.com/2023/12/ipkat-book-of-year-awards-2023-reminder.html Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below. As always, readers can vote for books in five categories:... Continue reading
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Chinese court deems AI-generated image has copyright – Assessing the possibly over-hasty ‘spring breeze’ case

http://ipkitten.blogspot.com/2023/12/chinese-court-deems-ai-generated-image.html This Kat has been receiving numerous inquiries from colleagues and friends, particularly those well-versed in copyright law, about an AI-generated image copyright case in China. After reading the original judgment of this high-profile case carefully, this Chinese Kat brings her take on the case. Background Case reference: [(2023) Jing... Continue reading
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Chanel v EasyCash: Distribution of sample cosmetics does not trigger trade mark exhaustion

http://ipkitten.blogspot.com/2023/12/chanel-v-easycash-distribution-of.html The issue of exhaustion of rights has been the subject of numerous decisions in the past few years [IPKat here, here or here]. This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. The issue was... Continue reading
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“Vaccinated, chipped, dewormed” insufficiently original to be protected by copyright

http://ipkitten.blogspot.com/2023/12/vaccinated-chipped-dewormed.html In a recent case, the Cologne Regional Court (‘LG Köln’) decided that the slogan ‘Geimpft, gechipt, entwurmt’ (German for ‘Vaccinated, chipped, dewormed’) is not eligible for copyright protection (14 O 24/22). In this ruling, the court applied earlier German jurisprudence on copyright protection for slogans and other types of... Continue reading
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Recording a license agreement in the EU requires consent of the currently registered trade mark owner

http://ipkitten.blogspot.com/2023/12/recording-license-agreement-in-eu.html Recording a license agreement concerning an EU trade mark is not mandatory but has several benefits (see the EUIPO’s trade mark Guidelines): The license has effects vis-à-vis third parties (Art. 27(1) EUTMR). The owner cannot surrender the EU trade mark without showing that the licensee has been informed of... Continue reading