The IPKat BLOG – Page 68

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[Guest post] More than just a question of interpretation? INTA attempts to prevent CJEU from interpreting ‘due cause’ too broadly in IKEA, C-298/23

http://ipkitten.blogspot.com/2024/02/guest-post-more-than-just-question-of.html The IPKat has received and is pleased to host the following guest contribution by Til Todorski (Stockholm University) concerning some recent developments relating to the pending referral to the Court of Justice of the European Union (CJEU) in IKEA, C-298/23 (discussed on The IPKat here), a key case for the... Continue reading
In: The IPKat BLOG

Book review and discount code: Commercialising Celebrity Persona

http://ipkitten.blogspot.com/2024/02/book-review-and-discount-code.html This is a review of Commercialising Celebrity Persona, Intellectual Property Law and Practice by Emma Perot, Lecturer in Law at the University of the West Indies, St Augustine, Trinidad and Tobago. Bloomsbury publishing have kindly provided IPKat readers who would like to purchase this book with a 20% discount.... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/02/never-too-late-if-you-missed-ipkat-last_20.html If last week passed too quickly to follow all the IP updates, not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology.Photo by Nathan Osman via Pixabay. Anna Maria Stein updated readers on... Continue reading
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New CJEU referral on interplay between bad faith and trade mark functionality

http://ipkitten.blogspot.com/2024/02/new-cjeu-referral-on-interplay-between.html Last month, the French Supreme Court (Cour de Cassation) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU). The text of the request (C-17/24) is not yet available on the CJEU’s website, but may be accessed through the national proceedings (No... Continue reading
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Spanish Court finds that virtual exhibition of NFTs based on paintings is “harmless use”

http://ipkitten.blogspot.com/2024/02/spanish-court-finds-that-virtual.html In a recent decision (original Spanish here: link) Barcelona’s Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on... Continue reading
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The Cologne Cathedral is not Neuschwanstein

http://ipkitten.blogspot.com/2024/02/the-cologne-cathedral-is-not.html The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97). The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2024/02/saturday-sundries.html Here are the latest opportunities and events to find out about. A Kat waiting for new IP events Events 22 February 2024: SMEs and patent holdouts: how European SMEs fight back 4iPcouncil will hold a webinar titled “SMEs and patent holdouts: how European SMEs fight back on 22 February... Continue reading
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Guest Book Review: Teaching Intellectual Property Law

http://ipkitten.blogspot.com/2024/02/guest-book-review-teaching-intellectual.html This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review... Continue reading
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[Guest post] Can AI be considered a PHOSITA? Policy debates in the US and the EU

http://ipkitten.blogspot.com/2024/02/guest-post-can-ai-be-considered-phosita.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Anna Pokrovskaya (RUDN University, Intellectual Property Center “Skolkovo”) reviewing current debates in the US and the EU on the role that Artificial Intelligence (AI) may play in patentability considerations. Here’s what Anna writes: Can... Continue reading
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Board of Appeal proposes a substantially broader definition of “substance or composition” in second medical use claiming (T 1252/20)

http://ipkitten.blogspot.com/2024/02/board-of-appeal-proposes-substantially.html The recent Board of Appeal decision in T 1252/20 proposed a substantially broader category of products permissible for second medical use claiming. The Board of Appeal disagreed with the previous approach in the case law of restricting second medical use claiming to products having a chemical mode of action. For the Board of... Continue reading