• Saturday Sundries

    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

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

    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

     
  • [Guest post] BREAKING: BGH asks CJEU for clarification of ‘pastiche’

    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

     
  • Pelham II: ‘Parody’ as an all-encompassing term for ‘pastiche’ and ‘caricature’ too?

    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

     
  • US CAFC finds obviousness-type double-patenting based on PTA (In re Cellect LLC)

    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

     
  • European Parliament approves Regulation for Non-Agri Geographical Indications

    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

     
  • ALDI SÜD may not sell JOOP! and Calvin Klein perfumes

    http://ipkitten.blogspot.com/2023/09/aldi-sud-may-not-sell-joop-and-calvin.html Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. To this end, they often choose to sell their goods through exclusive or selective distribution systems. If original goods are sold by third parties outside of the distribution... Continue reading

     
  • Italy strengthens protection of PDOs and PGIs

    http://ipkitten.blogspot.com/2023/09/italy-strengthens-protection-of-pdos.html Italy strengthens protection of PDOs and PGIs On 23 August 2023, several amendments to the Italian Industrial Property Code (IPC) entered into force. The Law no. 102 dated 24 July 2023 is part of Italy’s National Recovery and Resilience Plan. The reform of the IPC is aimed at strengthening... Continue reading

     
  • Interpretation of G 2/21: Inventive step may be supported solely by post-published data (T 0116/18)

    http://ipkitten.blogspot.com/2023/09/interpretation-of-g-221-inventive-step.html The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 (T 0116/18). The minutes are brief but confirm the Board of Appeal’s decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention... Continue reading

     
  • Never Too late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_10.html If you’ve been too busy to stay up-to-date this week, never fear, the recap of the latest IP news and analysis is here: International Law Eleonora Rosati outlined the context and findings of a recent study that she was commissioned to produce for WIPO. The report examines the issues with determining... Continue reading