The IPKat BLOG – Page 90

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Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

http://ipkitten.blogspot.com/2023/07/book-review-copyright-in-street-oral.html This is a review of “Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This... Continue reading
In: The IPKat BLOG

What role for freedom of expression under EU trade mark law? An “IKEA-PLAN” prompts a CJEU referral

http://ipkitten.blogspot.com/2023/07/what-role-for-freedom-of-expression.html Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of “due cause” (Article 9(2)(c) EUTMR; Article 10(6)... Continue reading
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Unpacking IDC v Lenovo (Part II): General principles of FRAND explored

http://ipkitten.blogspot.com/2023/07/unpacking-idc-v-lenovo-part-ii-general.html This is the second part of this Kat’s analysis on Interdigital v Lenovo FRAND judgment [2023] EWHC 539 (Pat). FRAND – General Principles The Judge underlined the importance of the following points of principle in his consideration ([446]): i) Generally, in the unpacking of any allegedly comparable PLA, whether account... Continue reading
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[Conference Report] More Than Just a Game – London 2023

http://ipkitten.blogspot.com/2023/07/conference-report-more-than-just-game.html In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of... Continue reading
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[Guest post] Lidl on price, big on copyright

http://ipkitten.blogspot.com/2023/07/guest-post-lidl-on-price-big-on.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri (Warner Bros Discovery) regarding the most recent instalment in the Lidl v Tesco IP dispute. Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days... Continue reading
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British Hairways did not take off – as a trade mark

http://ipkitten.blogspot.com/2023/07/british-hairways-did-not-take-off-as.html The puns of hair salons are legendhairy. Names like Shear Lock Combs, Julius Scissor and Hairport are just the tip of the iceberg. But what happens when the pun consists of a well-known trade mark? Can the owner of the well-known mark successfully oppose an application for a parodic... 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.html While July has just started, here is what you missed during the last week of June. Patents Image by Pixabay via Pexels Benjamin Goh reported on the first ever patent challenge before the Unified Patent Court. The post considered the first patent revocation action, filed on the 2nd of... Continue reading
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Transitional provisions for the Windsor Framework: Is Northern Ireland “a new Liechtenstein” for SPCs?

http://ipkitten.blogspot.com/2023/07/transitional-provisions-for-windsor.html The UK government has issued new guidance on how the Windsor Framework will be applied to medicines. The UK has also released details of transitional measures that will operate until the Windsor Framework comes into effect. Whilst the guidance and transitional measures provide some clarity on the regulatory framework for medicines in Great... Continue reading
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New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?

http://ipkitten.blogspot.com/2023/06/new-eba-referral-when-is-prior-use-of.html There has been a new referral to the Enlarged Board of Appeal (EBA). This first referral of 2023 seeks clarification on the enablement test for prior use of a product. The referral particularly asks whether the non-enabling prior use of a product excludes the composition of the product from the... Continue reading
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Implementation through collaboration: Actualising recent copyright reforms in African countries

http://ipkitten.blogspot.com/2023/06/implementation-through-collaboration.html This Kat’s father had one Igbo proverb that he liked to quote to emphasise the power of collaboration…a nyụkọ mamịrị ọnụ, ọ gba ụfụfụ (literal translation: when we urinate together on the same spot, it foams). There are variations of this proverb in the very popular African saying: if... Continue reading