The IPKat BLOG – Page 88

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3D bottle trade mark distinctive but rejected on functionality grounds

http://ipkitten.blogspot.com/2023/07/3d-bottle-trade-mark-distinctive-but.html The registration of 3D trade marks in the EU is challenging. Even if the shape is sufficiently distinctive because it departs significantly from the norms and customs of the sector concerned, it can still be subject to a rejection on functionality grounds, as the judgment Wajos v EUIPO (Forme... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/07/never-too-late-if-you-missed-ipkat-last_23.html Image credits: Riana Harvey Had no time to focus on the latest IP developments last week? IPKat understands your busy schedule and brings you a brief summary of what recently happened in the IP news in its weekly Never Too Late post. Trademarks Anna Maria Stein analyzed the decision... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/07/sunday-surprises.html Image from Pixabay Summer is well underway – although this Kat has been enjoying a mild and sunny winter in the southern hemisphere, whilst keeping an eye on IP news and events. Here’s the latest updates. Upcoming Conferences The “CITMA Autumn Conference” will take place on 19 October 2023 at... Continue reading
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[Guest post] European Commission strategy on Web 4.0 and virtual worlds

http://ipkitten.blogspot.com/2023/07/guest-post-european-commission-strategy.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the European Commission (EC)’s recent strategy communication in respect of Web 4.0 and virtual worlds. Here’s what Alessandro writes: European Commission strategy on Web 4.0 and virtual worlds by Alessandro Cerri The European Commission... Continue reading
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UK divergence from the EPO on plausibility (Sandoz v BMS), Part 2: Interpretation of G 2/21

http://ipkitten.blogspot.com/2023/07/uk-divergence-from-epo-on-plausibility_20.html This is the second post considering the Court of Appeal decision on plausibility in Sandoz v BMS ([2023] EWCA Civ 472), in the context of the Enlarged Board of Appeal decision in G 2/21. To this Kat there are some crucial differences between the approach of the UK courts and EPO to... Continue reading
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UK divergence from the EPO on plausibility (Sandoz v BMS), Part 1: Is the “plausibility” test the same for both sufficiency and inventive step?

http://ipkitten.blogspot.com/2023/07/uk-divergence-from-epo-on-plausibility.html This Kat took the enforced confinement of a rainy summer weekend to finally delve deeper into one of the key patent decisions from the UK courts this year. The Court of Appeal decision in Sandoz v BMS ([2023] EWCA Civ 472) attempted to reconcile the EPO and UK approaches to plausibility. There... Continue reading
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Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

http://ipkitten.blogspot.com/2023/07/who-is-entitled-to-fair-compensation.html Seven.One vs the seven lives (and one great love)of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU). On 13 July last, in fact, Advocate General (AG) Collins issued his Opinion in Seven.One,... Continue reading
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Johnny Johnny Yes Papa: no sound trade mark registration for nursery rhyme

http://ipkitten.blogspot.com/2023/07/johnny-johnny-yes-papa-no-sound-trade.html By decision dated June 15, 2023 (original Romanian version and English machine translation) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “Johnny Johnny Yes Papa” on the grounds of lack of distinctiveness. Background In 2022, a Romanian company... Continue reading
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European Commission not bound by earlier assessment of national authorities when examining GI applications

http://ipkitten.blogspot.com/2023/07/european-commission-not-bound-by.html Earlier this month, the General Court ruled that the European Commission is not bound by the earlier assessment of national authorities when examining applications for geographical indications (T-34/22, so far only available in French). The dispute behind this ruling related to two groups of charcuterie products originating from France.... Continue reading
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In memoriam: Caroline Morgan

http://ipkitten.blogspot.com/2023/07/in-memoriam-caroline-morgan.html Caroline Morgan The IPKat was very saddened by the announcement of Caroline Morgan’s recent passing. Caroline was the CEO and Secretary General of the International Federation of Reproduction Rights Organisations (IFFRO). As we read on the IFRRO website: It is with great sorrow that IFRRO mourns the passing of... Continue reading