In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/majemydogandi-no-copyright-protection.html The issue of copyright protection in photographic works is a classic one. Throughout the years, it has featured in plenty of case law [e.g. here, here and here]. A recent decision of the Paris Court of Appeal provides a new illustration. More specifically, the dispute in question concerned copyright... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/mathematical-shapes-and-intellectual.html Former Guest Kat Peter Ling brings us a fascinating discussion about the overlap of two dimensional geometric planes and intellectual property. Sadly, this former GuestKat lacks absolutely basic DIY skills to enable him to tile his own bathroom floor. He has nonetheless been long fascinated by various unresolved mathematical... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/unpacking-idc-v-lenovo-part-i-approach.html Following IPKat’s breaking news on the Interdigital v Lenovo FRAND Judgment, this Kat finally managed to digest and analyse the detail of the Judgment. This is Part I of the detailed reporting on that Judgment. The Judgment is divided into three sections. First, the comparables case, second, the top-down... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/keeping-digital-poker-face-assessing.html The Board of Appeal in T 423/22 considered whether a witness’s credibility can be adequately assessed when proceedings are conducted by video conference (ViCo). The Board of Appeal concluded that body language is only ever a small part of an assessment of witness credibility. ViCo was therefore found to be a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/non-infringement-declaration-for.html On 17 May 2023, the Italian Supreme Court ruled on the lack of jurisdiction of Italian courts regarding requests for declaration of non-infringement of International Registered Designs (IRDs) as well as for declaration on non-infringement of unfair competition rules in relation to an alleged infringement occurred outside of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/cjeu-counterclaim-for.html In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. 124(d) EUTMR and Art. 128 EUTMR). Background The... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/never-too-late-if-you-missed-ipkat-last_20.html Is it a banana ? Is it art ? Where is the tape ? If you missed last week’s posts, it’s not too late to catch up. Copyright Eleonora Rosati reported that the artist Maurizio Cattelan prevailed in a copyright infringement lawsuit concerning his work “Comedian”. Hayleigh Bosher focused... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/what-trade-mark-disclaimers-have-to-do.html It is generally understood in trade mark jurisprudence that distinctiveness is a hallmark of trade mark registration and protection. In this regard, trade mark disclaimers exist to ‘free up’ non-distinctive and/or insufficiently distinctive parts of a trade mark while saving the parts of such mark that are distinctive. Following... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/applying-g-221-preliminary-opinion-from.html Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. In G 2/21, the EBA reiterated existing case law that,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/06/book-review-intellectual-property.html This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection, edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it... Continue reading
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