The IPKat BLOG – Page 96

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UK divergence from the EPO on plausibility (Sandoz v BMS), Part 2: Interpretation of G 2/21

http://ipkitten.blogspot.com/2023/07/uk-divergence-from-epo-on-plausibility_20.html This is the second post considering the Court of Appeal decision on plausibility in Sandoz v BMS ([2023] EWCA Civ 472), in the context of the Enlarged Board of Appeal decision in G 2/21. To this Kat there are some crucial differences between the approach of the UK courts and EPO to... Continue reading
In: The IPKat BLOG

UK divergence from the EPO on plausibility (Sandoz v BMS), Part 1: Is the “plausibility” test the same for both sufficiency and inventive step?

http://ipkitten.blogspot.com/2023/07/uk-divergence-from-epo-on-plausibility.html This Kat took the enforced confinement of a rainy summer weekend to finally delve deeper into one of the key patent decisions from the UK courts this year. The Court of Appeal decision in Sandoz v BMS ([2023] EWCA Civ 472) attempted to reconcile the EPO and UK approaches to plausibility. There... Continue reading
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Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

http://ipkitten.blogspot.com/2023/07/who-is-entitled-to-fair-compensation.html Seven.One vs the seven lives (and one great love)of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU). On 13 July last, in fact, Advocate General (AG) Collins issued his Opinion in Seven.One,... Continue reading
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Johnny Johnny Yes Papa: no sound trade mark registration for nursery rhyme

http://ipkitten.blogspot.com/2023/07/johnny-johnny-yes-papa-no-sound-trade.html By decision dated June 15, 2023 (original Romanian version and English machine translation) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “Johnny Johnny Yes Papa” on the grounds of lack of distinctiveness. Background In 2022, a Romanian company... Continue reading
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European Commission not bound by earlier assessment of national authorities when examining GI applications

http://ipkitten.blogspot.com/2023/07/european-commission-not-bound-by.html Earlier this month, the General Court ruled that the European Commission is not bound by the earlier assessment of national authorities when examining applications for geographical indications (T-34/22, so far only available in French). The dispute behind this ruling related to two groups of charcuterie products originating from France.... Continue reading
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In memoriam: Caroline Morgan

http://ipkitten.blogspot.com/2023/07/in-memoriam-caroline-morgan.html Caroline Morgan The IPKat was very saddened by the announcement of Caroline Morgan’s recent passing. Caroline was the CEO and Secretary General of the International Federation of Reproduction Rights Organisations (IFFRO). As we read on the IFRRO website: It is with great sorrow that IFRRO mourns the passing of... Continue reading
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[Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

http://ipkitten.blogspot.com/2023/07/guest-post-whiskey-and-dog-toys-scotus.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Here’s what Alessandro writes: Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works by Alessandro Cerri In... Continue reading
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General Court on unauthorised trade mark filing of an agent

http://ipkitten.blogspot.com/2023/07/general-court-on-unauthorised-trade.html If a (former) distributor believes that they can do a better job at exploiting a principal’s trade mark and files for its registration, the principal can usually file an opposition based on earlier rights. If the application is filed in a country where the principal does not enjoy trade... Continue reading
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The risk of pre-grant description amendments (T 450/20)

http://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html The EPO Boards of Appeal have recently taken an uncompromising approach to claim interpretation. The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. However, in contrast to another... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2023/07/saturday-sundries.html Summer is in full swing – yet the IPKat is not chilling by the pool, but rather snacking on the Katfood, so that you don’t have to search for it yourself. Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre... Continue reading