The IPKat BLOG – Page 74

In: The IPKat BLOG

“miababy” and “ia BABY interapothek”: Average phonetic similarity doesn’t offset low visual and conceptual similarity

http://ipkitten.blogspot.com/2023/11/miababy-and-ia-baby-interapothek.html The First Board of Appeal recently handed down an interesting decision concerning the opposition to the registration of a European Union word mark designating, among other things, pharmaceutical and baby products, grounded on Article 8(1)(b) of the EUMR. On this occasion, the Board of Appeal also ruled on the... Continue reading
In: The IPKat BLOG

[Guest post] Gilding the lily: The shiny challenge of registering gold soles as trade marks

http://ipkitten.blogspot.com/2023/11/guest-post-gilding-lily-shiny-challenge.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Louise Rooms (Católica Global School of Law) on a recent decision of the Examination Division of the European Union Intellectual Property Office (EUIPO) concerning position marks (specifically: golden soles). Here’s what Louise writes: Gilding the... Continue reading
In: The IPKat BLOG

The difficulty of protecting olfactory marks

http://ipkitten.blogspot.com/2023/11/the-difficulty-of-protecting-olfactory.html Not too long ago, this Kat discussed how difficult it is to protect tactile marks because they cannot be represented in a sufficiently clear and precise manner (here). The same is true of other types of non-traditional trade marks such as olfactory marks, as a recent decision of the... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2023/11/monday-miscellany.html During this cold November in the UK, warm up with some upcoming IP webinars. Exploring Content Moderation Challenges in the Metaverse On the 14th November, the Chair for the responsible development of the Metaverse of the University of Alicante, in cooperation with the G-IPTech Centre at the School of... Continue reading
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Defining what the invention is not can be as important as defining what the invention is (T 0273/22, Chimeric antibodies/REGENERON)

http://ipkitten.blogspot.com/2023/11/defining-what-invention-is-not-can-be.html A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. The Supreme Court decision related to whole range sufficiency. The Board of Appeal decision relates to the basis requirement for disclaimers. In particular, in this divisional... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/11/never-too-late-if-you-missed-ipkat-last_13.html If you’ve been too busy to keep up, this week’s Never Too Late is here to bring you up to speed on the latest in the IPKat world. This Kat is still digesting the latest Halloumi decision Trademarks Alessandro Cerri analysed the Republic of Cyprus’ unsuccessful appeal against the... Continue reading
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Brussels event announcement – Technological governance at the crossroads: The present and future of EU copyright law

http://ipkitten.blogspot.com/2023/11/brussels-event-announcement.html Kat enjoying a Belgian waffle Copyright law has always played a substantial role in responding to and shaping the developments of new technologies. At the EU level, several pieces of legislation have been adopted over time, which have harmonized different aspects of copyright law. The Court of Justice of... Continue reading
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[Guest post] Georgia becomes 5th validating state to the EPO

http://ipkitten.blogspot.com/2023/11/guest-post-georgia-becomes-5th.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Mindia Davitadze (Stockholm University) on the recent accession of Georgia to the European Patent Office (EPO) Validation System. Here’s what Mindia writes: Georgia becomes 5th validating state to the EPO by Mindia Davitadze On 31... Continue reading
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Wednesday Whimsies

http://ipkitten.blogspot.com/2023/11/wednesday-whimsies.html This Kat is excited for a talk about IP and new technology Finished the last of your Halloween candy? Don’t worry, there’s still plenty of Katfood to snack on this week: AI Copyright Lecture Next month, Professor Pablo Fernández Carballo-Calero (University of Vigo) will give a lecture on the... Continue reading
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A plea for EU copyright unification coming from … the EUIPO?

http://ipkitten.blogspot.com/2023/11/a-plea-for-eu-copyright-unification.html As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility … yet. Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period... Continue reading