In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
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
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/sculptor-sues-glass-maker-over-swedish.html As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation. Specifically, Article 20 of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/sunday-surprises_24.html The final rounds of the holiday season are finally here, and so are some interesting IP events. The DSA and Platform Regulation Conference 2024 Image via Pexels On 15 and 16 February at the Amsterdam Law School (University of Amsterdam) “The DSA and Platform Regulation Conference 2024” is taking... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/book-review-intellectual-property-and.html As a plant intellectual property nerd, this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. But don’t stop reading if your passion lies along other branches of IP... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_23.html If you’ve been too wrapped up with preparations for the holiday season, here’s a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list… Rose Hughes outlined the recent EPO Board of Appeal... Continue reading
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