The IPKat BLOG – Page 72

In: The IPKat BLOG

CJEU: Damage claim for unlawful provisional measures may be based on strict liability

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

Deletion of claim-like clauses: Board of Appeal find legal basis of adaptation of the description from “the EPC as a whole” (T 0438/22)

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

Saturday Sundries

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
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Never Too Late: If you missed the IPKat last week!

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
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[Guest post] 3D trade mark application refused due to lack of distinctiveness: Applicant must pull up stakes (tents) at EUIPO

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
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Tom Mitcheson KC appointed Deputy High Court Judge

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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EU Regulation on geographical indication protection for craft and industrial products: Italy takes first step

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
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How did WW1 and WW2 impact French geographical indications?

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
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When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

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

COCO CHANEL’s independent distinctive role

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