The IPKat BLOG – Page 93

In: The IPKat BLOG

Of policy space and actors in the policy space: The role of courts in developing countries in IP policymaking

http://ipkitten.blogspot.com/2023/08/of-policy-space-and-actors-in-policy.html Anyone working in the field of IP law from developing countries particularly on the African continent understands the tension between IPRs and access to IP-protected materials based on human rights imperatives. Even if only from a development perspective, the socio-economic context and needs of citizens in developing vs developed... Continue reading
In: The IPKat BLOG

Never too late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/08/never-too-late-if-you-missed-ipkat-last.html Quite a few stories were published last week on the IPKat website. Here is a brief summary of what you might have missed if you have not been following the updates daily! Image via Flickr ... Continue reading
In: The IPKat BLOG

Bad cases make bad law: Has DABUS “the AI inventor” actually invented anything?

http://ipkitten.blogspot.com/2023/08/bad-cases-make-bad-law-has-dabus-ai.html In keeping with the so-called media “silly season” of late summer, PatKat thought she would check-in on the AI inventor debate. PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time (IPKat). A recent EPO Examining Division office action appears to share similar concerns. In the... Continue reading
In: The IPKat BLOG

Thursday Thingies

http://ipkitten.blogspot.com/2023/08/thursday-thingies_10.html August is going quickly, but this Kat has slowed down to reflect on the latest IP news. Here are the latest updates – along with a reminder to check out the IPKat’s forthcoming events page. Designs law consultations The call for submissions on the proposed changes to the Australian design rights... Continue reading
In: The IPKat BLOG

Shape of a teddy bear registerable for jewellery?

http://ipkitten.blogspot.com/2023/08/shape-of-teddy-bear-registerable-for.html What do you see when you look at this picture? Whatever comes to your mind, is it a distinctive sign for jewellery? This is the question at the heart of the General Court’s judgment in Apart v EUIPO – S. Tous (Représentation d’un ours) (T-591/21). Background In 2009,... Continue reading
In: The IPKat BLOG

Adding matter by amending the description to exclude embodiments (Ensygnia v Shell [2023] EWHC 1495 (Pat))

http://ipkitten.blogspot.com/2023/08/adding-matter-by-amending-description.html The recent High Court decision in Ensygnia v Shell ([2023] EWHC 1495 (Pat)) is highly relevant to the ongoing controversy of claim interpretation and description amendments (IPKat). In Ensygnia v Shell, Miss Charlotte May KC (sitting as Deputy Judge in the High Court of England and Wales) considered how a post-grant amendment... Continue reading
In: The IPKat BLOG

Heart bread roll not distinctive enough, says EUIPO Board of Appeal

http://ipkitten.blogspot.com/2023/08/heart-bread-roll-not-distinctive-enough.html With decision of 6 July 2023 (original German text and English machine translation) the Board of Appeal of the EUIPO (BoA) stated that a 3D trade mark described as a “heart-based bread roll” is devoid of the necessary minimum degree of distinctive character. Background A German company (applicant)... Continue reading
In: The IPKat BLOG

[Guest post] Book review: ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’

http://ipkitten.blogspot.com/2023/08/guest-post-book-review-developments-and.html As IPKat readers know, it was only a couple of months ago that The IPKat celebrated its first 20 years of activity. To mark this milestone, we organized an event in London in June 2023 [Katreports here, here, here and here] and Kats Hayleigh and Eleonora put together a collection... Continue reading
In: The IPKat BLOG

[Guest post] Court of appeal The Hague: free-riding not possible if reputed brand has suffered continuous decline

http://ipkitten.blogspot.com/2023/08/guest-post-court-of-appeal-hague-free.html The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Here’s what Jan writes: Court of appeal The Hague: free-riding not possible if reputed brand has suffered... Continue reading
In: The IPKat BLOG

The relevance of G 2/21 to machine learning inventions (T 2803/18)

http://ipkitten.blogspot.com/2023/08/the-relevance-of-g-221-to-machine.html The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. G 2/21 arose from a case in the biotech field. The referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is... Continue reading