In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/guest-post-proportionality-test-in.html Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Léon provides a brief summary... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/how-original-is-cat-litter-tray.html This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_10.html Here is what you missed last week on the IPKat. Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/sunday-surprises_10.html As you are probably currently busy hopping between Christmas parties, the IPKat team has gathered some events and opportunities to help you schedule your agenda for the upcoming months. Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled “SMEs and patent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/general-court-maintains-validity-of.html The General Court has recently confirmed the validity of two 3D trade marks, owned by Lego (T-297/22 and T-298/22). The parallel proceedings concerned two trade marks representing Lego minifigures, whose validity was challenged on functionality grounds. Background of the dispute In 1996, Lego filed two applications for 3D trade... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/book-review-chokepoint-capitalism.html This is a review of Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back, by Rebecca Giblin and Cory Doctorow. What is chokepoint capitalism? Giblin and Doctorow explain: “Anticompetitive flywheels vary by industry, each chokepoint capitalist seeks to do the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/the-vespa-appearance-italian-supreme.html A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. First, on 28 November, the Italian Supreme Court issued what appears to be a key – yet questionable... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/team-usa-vs-euipo-and-winner-is.html The decision practice of the EUIPO is not always consistent. This is particularly true for weakly distinctive or even non-distinctive elements such as the word ‘team’. The applications for ‘TEAM SCOTLAND’ (EUTM no. 15143027), ‘TEAM SERBIA’ (EUTM no. 17152851) and ‘TEAM UK’ (IR designating the EU no. 1447362) have... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/sunday-surprises.html While in the UK the cold weather is here to stay, warm up with some interesting IP opportunities. Call For Papers – International Congress: “Towards a Responsible Development of the Metaverse” University of Alicante The Academic Chair for the Responsible Development of the Metaverse of the University of Alicante is... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/cjeu-considers-legal-standing-of.html In a recent ruling, the Court of Justice of the European Union (CJEU) has interpreted Art. 4 of Directive 2004/48/EC, which lists natural and legal persons that may seek the application of civil enforcement measures (C-201/22). The Court clarified that Member States are not obliged to allow collective management... Continue reading
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