The IPKat BLOG – Page 98

In: The IPKat BLOG

[Guest post] The new German competition tool in action – Ensuring the effectiveness of the new press publisher’s neighbouring right against Google

http://ipkitten.blogspot.com/2022/01/guest-post-new-german-competition-tool.html The IPKat has received the following comment from Katfriend Moritz Sutterer (Doctoral Student and Junior Research Fellow at Max Planck Institute for Innovation and Competition) on a new competition tool that the German Competition Authority tried very recently on a firm ‘of paramount significance for competition across markets’ – Google... Continue reading
In: The IPKat BLOG

Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed…

http://ipkitten.blogspot.com/2022/01/urgent-requests-for-declaration-of-non.html Many domestic cats would probably like to know in advance whether a certain activity on their part is permitted (eg. jumping on the bed while the owner sleeps). Similarly, many business cats would like to know in advance whether or not one of their products could be considered to infringe... Continue reading
In: The IPKat BLOG

Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

http://ipkitten.blogspot.com/2022/01/dusseldorf-higher-regional-court-asks.html While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue (C-684/21). The case goes as follows. The claimant in the national case, Papierfabriek Doetinchem,... Continue reading
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CAFC reins in obvious-try-attack against dosage patent (Teva v Corcept)

http://ipkitten.blogspot.com/2022/01/cafc-reigns-in-obvious-try-attack.html Following on from last week’s post on the written description requirement in the US (IPKat), this Kat’s attention has been drawn to yet another interesting decision from the Court of Appeal of the Federal Circuit (CAFC) in the life sciences field. In Teva v Corcept Therapeutics, the CAFC soundly rejected an obvious-to-try attack... Continue reading
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Dutch court rejects claims for sui generis database protection of national company register

http://ipkitten.blogspot.com/2022/01/dutch-court-rejects-claims-for-sui.html In the era of fake news, reliable sources of information are more valuable than ever. When it comes to official registers held on a governmental level, administrative bodies are often tasked to ensure such registers are accurate and complete. Accessing those registers usually comes at a cost, prompting some... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2022/01/never-too-late-if-you-missed-ipkat-last_17.html We are happy to have our own Kats and Katfriends contribute to the IPKat last week! Let’s take a look at those posts in case you missed them. Patents GuestKat Rose Hughes provided a review of the US Court of Appeal for the Federal Circuit decision in Juno... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2022/01/around-ip-blogs_16.html The year has barely begun, and another period of Mercury retrograde is already upon us. Take shelter in this post and check what was published last week around the IP blogs. A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2022/01/sunday-surprises.html We are already well into the new year and the news and upcoming new events are coming thick and fast. The IPKat sets out the news in one spot for your attention! MISCELLANEOUS European Commission | European Union Intellectual Property Office (EUIPO) “EU SME Fund“ On 10 January, the... Continue reading
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Guest Book Review: Research Handbook on Design Law

http://ipkitten.blogspot.com/2022/01/guest-book-review-research-handbook-on.html This is a guest book review of the Research Handbook on Design Law, edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Contributors to the edited collection include expert scholars and practitioners; Estelle Derclaye, Jason Du Mont, Tracy-Gene G. Durkin, Ádám György, Mark D. Janis, Annette Kur, Charles Lee Mauro, Christopher... Continue reading
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Perfume N°5 v N°9: Chanel won an unfair competition case in China

http://ipkitten.blogspot.com/2022/01/perfume-n5-v-n9-chanel-won-unfair.html In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features. The obvious difference lies in the text: whilst... Continue reading