• When is a design dictated by its technical function?

    http://ipkitten.blogspot.com/2023/03/when-is-design-dictated-by-its.html Designs are meant to protect the appearance of a product or a part thereof. Patents protect technical innovations. In order to demarcate both IP rights, Art. 8(1) of EU Regulation No. 6/2002 (‘Design Regulation’) stipulates:– A Community design shall not subsist in features of appearance of a product which... Continue reading

     
  • Book review: International Copyright and Neighbouring Rights

    http://ipkitten.blogspot.com/2023/03/book-review-international-copyright-and.html This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond, by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School).   With sixteen... Continue reading

     
  • Saturday Sundries

    http://ipkitten.blogspot.com/2023/03/saturday-sundries.html A new miscellany post brings to your  attention the following opportunities in the field of IP law. Scholarships Image by Pixabay The Organisation of the Iberian-American States (OEI) is offering 4 scholarships for postgraduates and 1 for a researcher on intellectual property law. The scholarships are addressed at people... Continue reading

     
  • [Guest post] Critical review of recent design case law by the General Court

    http://ipkitten.blogspot.com/2023/03/guest-post-critical-review-of-recent.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. Here’s what Henning writes: Critical review of recent design case law by the General Court by Henning Hartwig Since 1 May 2019, under... Continue reading

     
  • Never too Late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2023/03/never-too-late-if-you-missed-ipkat-last.html Another week has come to an end but it’s not too late to catch up with the latest IPKat posts. Copyright Anastasiia Kyrylenko analysed a new referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22). A Kat in an hotel room Trade marks Giorgio... Continue reading

     
  • Better late than never? Not if you want to avoid acquiescence!

    http://ipkitten.blogspot.com/2023/03/better-late-than-never-not-if-you-want.html There can be many reasons for not taking action against a trade mark infringement, such as budget limitations or an unattractive risk-reward ratio. But not taking action may have serious consequences. Consider a trade mark owner who has acquiesced, for a period of five successive years, to third party’s... Continue reading

     
  • [Guest post] “Say Thanks to a Woman”: How patents can help you (IWD special)

    http://ipkitten.blogspot.com/2023/03/guest-post-say-thanks-to-woman-how.html On today’s International Women’s Day (IWD) The IPKat has received and is pleased to host a contribution by Katfriends Giorgia Golzio and Daniele Golzio reflecting on the contribution of women to technological advancement, with profiles of some notable female inventors throughout history being reviewed too. Here’s what Giorgia and... Continue reading

     
  • What does the Windsor Framework mean for UK SPCs?

    http://ipkitten.blogspot.com/2023/03/what-does-windsor-framework-mean-for-uk.html Last week the UK Government announced a new agreement in principle, the Windsor Framework, between the UK and the EU on the flow of goods, including medicines, across the Irish Sea. The Windsor Framework does not mention intellectual property. However, changes to the system by which medicines are approved in the UK and... Continue reading

     
  • [Guest post] Conference Report: Fifth IP & Innovation Researchers of Asia Conference

    http://ipkitten.blogspot.com/2023/03/guest-post-conference-report-fifth-ip.html It is that time of the year once again – Katfriends Irene Calboli and Jacques de Werra provide IPKat readers with a summary of the Fifth IP & Innovation Researchers of Asia (IPIRA) Conference. The previous three IPIRA conference reports can be viewed here, here, here and here. Below... Continue reading

     
  • Court clarifies meaning and application of Singapore’s distinctive judicial understanding of “Distinctiveness”

    http://ipkitten.blogspot.com/2023/03/court-clarifies-meaning-and-application.html The courts of Singapore have seen a series of interesting developments in connection with distinctiveness under trade mark law. Kat friends Gillian Tan and Mark Teng discuss a recent decision that may provide some welcomed clarity on the issue. In November 2022, Twitter Inc. (“Twitter”) won a publicised trade... Continue reading