The IPKat BLOG – Page 98

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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
In: The IPKat BLOG

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
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Unified Patent Court: reallocation of competences among Paris, Munich and Milan

http://ipkitten.blogspot.com/2023/06/unified-patent-court-reallocation-of.html As anticipated by The IPKat here, Italy, France and Germany have reached an agreement on the creation of the Milan seat of Central Division to replace the former London section. On 26 June 2023, the Administrative Committee of the Unified Patent Court issued the decision under Article 87(2)... Continue reading
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Never too late: in case you missed the IPKat last week

http://ipkitten.blogspot.com/2023/06/never-too-late-in-case-you-missed-ipkat.html Here’s what you missed from the IPKat last week. Designs Anna Maria Stein commented on a recent Italian Supreme Court’s decision concerning the jurisdiction of the Italian courts when determining whether harm has occurred within the jurisdiction in connection with requests for declaration of non-infringement of International Registered Designs... Continue reading
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Colour inversion does not alter distinctive character – if the trade mark is sufficiently distinctive

http://ipkitten.blogspot.com/2023/06/colour-inversion-does-not-alter.html In case R1422/2022-2, the Board of Appeal of EUIPO dealt with the question whether the colour inversion of a rather simple sign is sufficient to establish genuine use. Background Hummel Holding A/S (‘Hummel’) owns International Registration no. 915962 designating the EU for the following figurative mark: It was registered... Continue reading
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When is it necessary to amend the description of a patent post-grant (T2391/18)

http://ipkitten.blogspot.com/2023/06/when-is-it-necessary-to-amend.html The decision of the EPO Board of Appeal in T 2391/18 considered whether non-conformity of the description with the claims can, by itself, invalidate a granted patent. The Board of Appeal concluded that a discrepancy between the claims and the description is a clarity issue, and therefore not a ground for Opposition... Continue reading