In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_21.html The new season is fully on and so are the IP-related news delivered by the IPKat. If you want to stay up-to-date, check out the below summary. COPYRIGHT Lokesh Vyas delivered a guest contribution exploring the potential of Article 17 of the Berne Convention as an unexplored emergency provision... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/guest-post-compromise-text-of-new.html The IPKat has received and is pleased to host this guest contribution by Devanshi Saxena (PhD Researcher at the University of Antwerp and Visiting Researcher at the CIIPC NLU Delhi) concerning the sustainability requirements in geographical indication (GI) law. Here’s what Devanshi writes: The compromise text of the new... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/cjeu-considers-exclusive-distribution.html Determining the competent court for trade mark and design infringement proceedings in the EU is rather straightforward if there is only one defendant. Art. 125 EUTMR and Art. 82 CDR provide a jurisdiction cascade (explained here) depending on where the defendant and plaintiff are based. If there are several... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/guest-post-interpreting-article-17-of.html The IPKat has received and is pleased to host this guest contribution by Lokesh Vyas (upcoming doctoral candidate at Sciences Po, Paris), exploring the potential of Article 17 of the Berne Convention. Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/saturday-sundries.html September has just begun and it brings a wide range of new opportunities and events in the IP field. In Memoriam: Prof. Dr. Gerald Spindler Image: source The IPKat Team was saddened to hear about the recent passing of Professor Dr. Gerald Spindler (Faculty of Law at the Universität Göttingen),... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_15.html While the heatwave is leaving the UK, here is the recap of the topics considered in case you missed the IPKat. Patents Rose Hughes discussed the recent High Court decision (Newron v Comptroller [2023] EWHC 1471) in relation to the interpretation of the phrasing “the product” and its meaning... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/guest-post-breaking-bgh-asks-cjeu-for.html Autumn might have not officially begun yet but here’s the first big EU copyright news of the season, brought to our readers by former GuestKat Mirko Brüß. Here’s what Mirko writes: BREAKING: BGH asks CJEU for clarification of ‘pastiche’ by Mirko Brüß Metall auf Metall is the name of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/pelham-ii-parody-as-all-encompassing.html Pastiche Kat Earlier today, The IPKat reported on the new referral to the Court of Justice of the European Union (CJEU) in the Pelham saga, this time concerning the notion of ‘pastiche’. While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/us-cafc-finds-obviousness-type-double.html The US Court of Appeal of the Federal Circuit (CAFC) recently considered the interaction between two peculiarities of the US patent system, patent term adjustment (PTA) and obviousness-type double patenting (ODP) (In re Cellect LLC). This is the first time that CAFC have considered the implications of PTA for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/09/european-parliament-approves-regulation.html Yesterday, the European Parliament adopted the Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. This will create a new, EU-wide system of sui generis GI protection for products such as ceramics or knives. The adopted text is available here. Up until... Continue reading
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