The IPKat BLOG – Page 87

In: The IPKat BLOG

Reliance on a silent technical effect: Application of G 2/21 to semiconductors (T 2465/19)

http://ipkitten.blogspot.com/2023/10/reliance-on-silent-technical-effect.html The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step (IPKat). However, in its final order, G 2/21 focussed less on the amount of evidence needed to support an invention, and more on the... Continue reading
In: The IPKat BLOG

Geoblocking of videogames and competition law: General Court confirms that Steam and videogame publishers breached Article 101 TFEU

http://ipkitten.blogspot.com/2023/10/geoblocking-of-videogames-and.html IPKat-approved game on Steam For those interested in the interplay between IP rights’s territorial character and free competition, the judgment issued by the General Court (GC) in Valve Corporation, T-172/21 earlier this week is a must-read. Not only did the Court tackle the vexed issue of the applicability of... Continue reading
In: The IPKat BLOG

Saturday Sundries

http://ipkitten.blogspot.com/2023/09/saturday-sundries_30.html As September is coming to an end, here are the latest events and opportunities for IPKat readers: ALAI European Author’s Right Award The 6th edition of the ALAI European Authors’ Right Award, supported by GESAC, is now accepting nominations for the 2023 edition. The annual award is given to... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed IPKat last week!

http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_30.html Had your head down last week and want to catch up on the IP news? No problem – as always, the IPKat is here to bring you a quick summary of the latest updates. Alessandro Cerri evaluated Image from Pixabay the latest case law on the liability of online marketplaces for trademark infringement... Continue reading
In: The IPKat BLOG

EUIPO shoots down application to register virtual firearm as a trade mark

http://ipkitten.blogspot.com/2023/09/euipo-shoots-down-application-to.html In a recent decision (R 275/2023-4), which is particularly meaningful to anyone wondering about trade mark protection in virtual worlds, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative representation of a virtual firearm lacked the requisite distinctive character... Continue reading
In: The IPKat BLOG

Broad functional claiming at the EPO (T 0835/21)

http://ipkitten.blogspot.com/2023/09/broad-functional-claiming-at-epo-t.html The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. In technically challenging fields, such as biotech, there will often be some doubt that a skilled person will be able to make the invention or that the invention actually... Continue reading
In: The IPKat BLOG

US Copyright Office and AI: Notice of Inquiry and the Théâtre D’opéra Spatial case

http://ipkitten.blogspot.com/2023/09/us-copyright-office-and-ai-notice-of.html On 30 August 2023, the US Copyright Office (USCO) issued a notice of inquiry (NOI) on the Federal Register, seeking factual information and views on several issues related to the intersection of copyright law and recent advances in generative Artificial Intelligence (AI), including the use of copyrighted works... Continue reading
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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

http://ipkitten.blogspot.com/2023/09/guest-post-deepfake-it-till-you-make-it.html The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. Here’s what they write: Deepfake it till you make... Continue reading
In: The IPKat BLOG

When an individual trade mark is not sufficient

http://ipkitten.blogspot.com/2023/09/when-individual-trade-mark-is-not.html EU trade mark law knows three kinds of trade marks: individual marks, collective marks (Art. 74 EUTMR) and certification marks (Art. 83 EUTMR): An individual trade mark distinguishes the goods and services offered under the mark from those of other undertakings. A collective mark distinguishes the goods and services... Continue reading
In: The IPKat BLOG

Ballad in the mall: the violence of a scene does not give rise to an integrity claim in relation to the background music

http://ipkitten.blogspot.com/2023/09/ballad-in-mall-violence-of-scene-does.html A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [IPKat here, here or here]. A recent ruling of the Paris Court of First Instance (Tribunal judiciaire) provides a further illustration. This time the dispute focused on the impact on... Continue reading