The IPKat BLOG – Page 93

In: The IPKat BLOG

EU and India in negotiations over a Geographical Indications Agreement

http://ipkitten.blogspot.com/2023/04/eu-and-india-in-negotiations-over.html Since June 2022, the European Union (EU) and India have been in trade negotiations, to conclude a Free Trade Agreement (FTA), an Investment Protection Agreement (IPA), and an Agreement on Geographical Indications (GIs). This Kat decided to look closer at the GI talks, while sipping a cup of Darjeeling... Continue reading
In: The IPKat BLOG

CJEU rules out that EU trade mark law governs regime applicable to jointly owned trade mark

http://ipkitten.blogspot.com/2023/04/cjeu-rules-out-that-eu-trade-mark-law.html Legea-branded jersey … Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? This was the key question at the centre of Legea, C-686/21, a referral from the Italian Supreme Court asking specifically about this having regard to the EU... Continue reading
In: The IPKat BLOG

Never too late: in case you missed the IPKat last week

http://ipkitten.blogspot.com/2023/04/never-too-late-in-case-you-missed-ipkat.html Never too late: in case you missed the IPKat last week Here’s what you missed from the IPKat last week. Copyright Former Guest Kat Jan Jacobi reported on a Dutch referral to the CJEU about Article 2(7) of the Berne Convention in connection with designer chairs, the issue... Continue reading
In: The IPKat BLOG

[Guest post] The EU Commission’s proposal to codify visual disclaimers – a great leap for EU design law

http://ipkitten.blogspot.com/2023/04/guest-post-eu-commissions-proposal-to.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the EU Commission’s recent proposal to codify visual disclaimers in EU design law. Here’s what Henning writes: The EU Commission’s proposal to codify visual disclaimers – a great leap... Continue reading
In: The IPKat BLOG

How to prove disclosure of earlier designs?

http://ipkitten.blogspot.com/2023/04/how-to-prove-disclosure-of-earlier.html A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date (Art. 4(1), 7 of Regulation 6/2002, ‘Design Regulation’). A prior design is disclosed where it has been published following registration or otherwise, or... Continue reading
In: The IPKat BLOG

First the leak and now the question: Will the European Commission go forward with its IP Action plan?

http://ipkitten.blogspot.com/2023/04/first-leak-and-now-question-will.html Kat friend Roya Ghafele reports on the leaked draft of the European Commission IP Action plan and its possible consequences. What can be more exciting than reading a leaked document. This was my first thought in seeing emails in my mailbox containing a copy of the ‘leaked’ European Commission... Continue reading
In: The IPKat BLOG

WIPO publishes Guide to Patent Case Management for Judges

http://ipkitten.blogspot.com/2023/04/wipo-publishes-guide-to-patent-case.html BusyBee – part Kat, part bee, all honey,no sting With spring slowly awakening northern Europe, the AmeriKat’s friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges. The Guide, which is... Continue reading
In: The IPKat BLOG

When generating antibodies for a target is more than routine (T 0435/20)

http://ipkitten.blogspot.com/2023/04/when-generating-antibodies-for-target.html The patent case law in Europe and the US diverges on the question of how routine it is to find new antibodies for a known target. In the US, claims directed to a group of antibodies functionally defined by the sequence of their target (so-called epitope claims), generally fall... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2023/04/sunday-surprises_23.html Image by Bekka Mongeau via Pexels The last week of April is just about to start, and through whatever Spring weather you may be experiencing here you can find some interesting events to hold you over until May. OxFirst’s FRAND Royalty Rate Determination – Tuesday 25 April The webinar... Continue reading
In: The IPKat BLOG

Botox raises eyebrows: Australian High Court clarifies law on reputation

http://ipkitten.blogspot.com/2023/04/botox-raises-eyebrows-australian-high.html Kat friend Ann-Kathrin Goller discusses a recent decision in Australia that portends a significant departure from the approach taken in many jurisdictions regarding the role of reputation in a trademark infringement dispute. There has been considerable uncertainty and inconsistency as to whether reputation in either the allegedly infringing or... Continue reading