The IPKat BLOG – Page 8

In: The IPKat BLOG

Post-sale confusion alone can be a basis for trade mark infringement, UK Supreme Court confirms

http://ipkitten.blogspot.com/2025/06/post-sale-confusion-alone-can-be-basis.html Yesterday, the Supreme Court handed down its much-anticipated judgment on the role of post-sale confusion under UK trade mark law: Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc [2025] UKSC 25. The Supreme Court provides itsangle on post-sale confusion.Photo by 洪駿璿 via PexelsThe Supreme Court allowed the appeal, finding that... Continue reading
In: The IPKat BLOG

[Book review] The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence

http://ipkitten.blogspot.com/2025/06/book-review-moral-rights-of-authors-and.html This Kat is celebrating the end of another academic year by diving into the second edition of The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence by Mira T. Sundara Rajan. From the emergence of the concept of moral rights... Continue reading
In: The IPKat BLOG

How to read a biotech patent

http://ipkitten.blogspot.com/2025/06/how-to-read-biotech-patent-in-wake-of.html The patent system exists to advance innovation by encouraging inventors to share their ideas publicly. In return for revealing how their invention works, inventors receive patent protection. Patents should therefore be comprehensible to professionals working in the relevant field, not just patent attorneys. However, unlike peer-reviewed journal articles, patent... Continue reading
In: The IPKat BLOG

Small cars, big trouble – The final chapter!? Court denies claims of Volkswagen against model cars

http://ipkitten.blogspot.com/2025/06/small-cars-big-trouble-final-chapter.html Volkswagen has been fighting a fierce battle against models of its original cars. The judgments of the Court of Justice of the EU in Adam Opel (IPKat here) and the German Supreme Court in Opel-Blitz II (IPKat here) and DACHSER (IPKat here) promised that this endeavour would be an... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2025/06/sunday-surprises.html Here is your IPKat weekly summary of IP news, events and opportunities!EventsWIPO International Symposium: IP and the Future of Food (27 June)The WIPO Japan Office, a specialised agency of the United Nations, will host an online symposium, “IP and the Future of Food”. The event will focus on the... Continue reading
In: The IPKat BLOG

CJEU determines that mistaken beliefs about trade mark functionality can be relevant for assessing bad faith in CeramTec decision

http://ipkitten.blogspot.com/2025/06/cjeu-determines-that-mistaken-beliefs.html Yesterday, the CJEU delivered its judgment in CeramTec GmbH v Coorstek Bioceramics LLC (Case C‑17/24). The decision explores the relationship between the grounds of refusal to register a trade mark on the basis of functionality and bad faith. The CJEU held that the applicant’s belief that a sign performs a... Continue reading
In: The IPKat BLOG

[Book Review] The Protection of Traditional Knowledge at the Frontiers of Drug Discovery

http://ipkitten.blogspot.com/2025/06/book-review-protection-of-traditional.html This is a review of the book, The Protection of Traditional Knowledge at the Frontiers of Drug Discovery (Hart, 2024) by Peter S. Harrison. In this book, Harrison draws on his science background and experience as a lawyer in pharmaceutical and biotech patent litigation to explore the challenges of enforcing the... Continue reading
In: The IPKat BLOG

EBA decides G1/24 on claim interpretation: The description should always be consulted

http://ipkitten.blogspot.com/2025/06/eba-decides-g124-on-claim.html The Enlarged Board of Appeal (EBA) has issued its highly anticipated decision in G 1/24, relating to fundamental questions about how patent claims should be interpreted when assessing patentability. The referral arose from diverging Board of Appeal case law on whether the description and drawings should always be used... Continue reading
In: The IPKat BLOG

AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)

http://ipkitten.blogspot.com/2025/06/ag-emiliou-advises-cjeu-on-pastiche.html Moses PelhamWhat does ‘pastiche’ mean? A question like this, raised a few years ago, would probably have sounded esoteric – if not plainly weird – to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2025/06/never-too-late-if-you-missed-ipkat-last_18.html As the weather warms up, so does the pace of IP developments. Follow along for the latest updates and insights!Curious Kat caught up with the latest IP newsPlant VarietiesJocelyn Bosse outlined Nador Cott Protection v Asda [2025] EWHC 941 (Pat), concerning a plant variety called ‘Nadorcott’ that resulted from a cross... Continue reading