The IPKat BLOG – Page 84

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Tangfastic news! EUIPO rules on distinctiveness of gummy bears (R 872/2023-4)

http://ipkitten.blogspot.com/2023/10/tangfastic-news-euipo-rules-on.html In a recent decision (R 872/2023-4), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character... Continue reading
In: The IPKat BLOG

EPO maintains ST.26 sequence listing requirement for divisionals but compromises on excess page fees

http://ipkitten.blogspot.com/2023/10/epo-maintains-st26-sequence-listing.html The implementation of the new sequence listing format ST.26 by the EPO raises added matter risks for applicants. The ST.26 standard came into force in July 2022 and applies to all new European applications filed after this date, including divisionals. The applicant may therefore be required to convert the ST.25... Continue reading
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“Competition Law in the Pharmaceutical Sector” returns to Brussels with IPKat readers’ discount

http://ipkitten.blogspot.com/2023/10/competition-law-in-pharmaceutical.html Pharma Kat The IPKat has learned that the conference, organized by InformaConnect, on “Competition Law in the Pharmaceutical Sector” will return to Brussels on 5 December. This year’s programme, which features 27 speakers (from the European Commission, Novartis, GSK, Linklaters, Johnson & Johnson, and more), will cover developments affecting... Continue reading
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CJEU has received first reference on DSM Directive

http://ipkitten.blogspot.com/2023/10/cjeu-has-received-first-reference-on.html The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that... Continue reading
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The Birkenstock pattern mark saga continues

http://ipkitten.blogspot.com/2023/10/the-birkenstock-pattern-mark-saga.html Birkenstock’s sole pattern is quite well-known and has been the subject of several decision in the EU. As has been reported here, Birkenstock’s pattern mark was considered to lack distinctiveness as an EU and Benelux trade mark. Now, the German Patent Court confirmed that a position mark showing the... Continue reading
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5-year imprisonment for trade mark infringement disproportionate and contrary to EU law, says CJEU

http://ipkitten.blogspot.com/2023/10/5-year-imprisonment-for-trade-mark.html This week, the Court of Justice of the European Union (CJEU) issued a preliminary ruling on enforcement of IP rights (case C-655/21). In its request to the CJEU, the referring Bulgarian court had asked whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and the Charter... Continue reading
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Inclusion of a lamp in a photograph: French court sheds light on incidental inclusion

http://ipkitten.blogspot.com/2023/10/inclusion-of-lamp-in-photograph-french.html Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [IPKat on incidental inclusion here]. Incidental inclusion of Kats or not Facts Philippe Cuny,... Continue reading
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UPC and language: a transition towards English?

http://ipkitten.blogspot.com/2023/10/upc-and-language-transition-towards.html On 18 October 2023 the President of the UPC Local Division The Hague issued an interesting order allowing the switch of the language of the proceeding from Dutch to English. Background of the case An infringement action was brought before the UPC Local Division of The Hague. The applicant chose... Continue reading
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UPC and Protective Letters: are you really protected?

http://ipkitten.blogspot.com/2023/10/upc-and-protective-letters-are-you.html One of the first preliminary injunctions by the Unified Patent Court was issued by the UPC Local Division of Düsseldorf (Germany). The injunction was granted ex parte despite a Protective Letter having been filed before the filing of the application for preliminary measures. Protective letters at the UPC... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/10/never-too-late-if-you-missed-ipkat-last_19.html If you’ve been too busy pumpkin shopping to keep up with the latest news, don’t worry – the IPKat is here to bring you up to speed. Patents This Kat hasn’t quite got the hang of carving Jack-O-Lanterns Katfriend Léon Dijkman provided an update about 10X Genomics v Nanostring – the first-ever injunction... Continue reading