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16 Apr 2014, 3:04 am
Instead, these decisions adopted a strict [and, in this Kat’s view, more compliant with the rationale of the E-Commerce Directive] concept of ISPs' actual “knowledge of, or control over” the third-party content. [read post]
20 Oct 2014, 6:03 am
It is indeed, and our Kat-stats show that, in some cases, the number of people reading blogposts the week after they were first posted exceeds the number of folk who read them in their week of publication. [read post]
23 Jul 2015, 3:56 am
This first step (“The first step is to identify the inventive concept embodied in the patent in suit”) of the structured approach to assessing inventive step in Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 has always seemed to this Kat like a distracting red herring, since the “inventive concept” ought to be the invention as defined in the claims. [read post]
22 Aug 2018, 1:26 am
[para 48]It's impossible to speak of safe harbours without at least a (cheerful) sailor Kat pic! [read post]
30 Apr 2019, 2:44 am
As this Kat reported in At last, the sun rises, since 1 January 2019, China has had an IP Tribunal within the Supreme People's Court (“the SPC IP Tribunal”), serving as the national IP appeals court. [read post]
7 Jan 2024, 9:34 am
The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law. [read post]
13 Nov 2015, 2:30 am
BackgroundThis reference originated in the context of litigation between Hewlett-Packard (HP) and collective management rights organisation Reprobel.In 2004 the latter informed HP that the sale of multifunction devices entailed payment of a levy of EUR 49.20 per printer, and - from what this Kat understands - this should apply retrospectively. [read post]
26 Jul 2023, 6:29 am
Thanks to Laurent Teyssèdre for first bringing this Kat's attention to the case on his blog. [read post]
22 Nov 2013, 12:45 am
Finally, Article 7 provides that the Directive shall be without prejudice to provisions relating to, among other things, the law of contract.So, says this Kat after taking a deep breath, while national initiatives concerning out-of-commerce works and the management of rights (including extended collective licensing) are expressly allowed under the Directive, Eleonora asks if the same conclusion may be also reached with regard to licensing mechanisms like that envisaged by Section 116A CDPA. [read post]
15 Mar 2015, 9:46 am
As far as this emeritus Kat is aware from her brief Google search, no cat has ever been placed in escrow (the position may be somewhat different with respect to dogs judging by this dog t-shirt, right). [read post]
24 Dec 2022, 1:05 am
Another decision (J 14/21) yet again confirmed the strict restoration requirements at the EPO compared to other jurisdictions (IPKat).EPO Board of Appeal dismisses step-by-step inventive step attack for being based on hindsight and cherry-picking (T 1349/19)EPO Board of Appeal maintains functional epitope antibody genus claim (T 1964/18)Sufficiency of broad functional genus and first medical use claims in Europe (T 0424/21)Defining a medical device as a product-by-process (T 1869/19)Burden of proof… [read post]
29 Mar 2015, 1:54 am
The latest is Case T 581/13 Royal County of Berkshire Polo Club v OHIM - Lifestyle Equities (Royal County of Berkshire POLO CLUB), a decision rendered last Thursday by the General Court of the European Union in another POLO-related dispute, this time involving a Community trade mark (CTM) application [it seems to this Kat that the word "polo" has the same effect on brand owners as catnip has on cats -- its appeal is irresistible]. [read post]
11 Sep 2014, 7:42 am
Kat-inspired artistic adaptationsFollowing an unsuccessful outcome at first instance, Pictoright won before the ’s-Hertogenbosch Court of Appeal. [read post]
28 Apr 2021, 11:40 pm
It seems to this Kat that's not quite what Hasbro's witness meant to say. [read post]
21 May 2020, 2:35 am
So, too, this Kat. [read post]
16 Jun 2013, 9:42 pm
Now's the time for (iii) the main course -- elegantly prepared and eloquently presented by IP master chef and former guest Kat Norman Siebrasse. [read post]
30 Aug 2023, 2:10 am
In this Kat's view, the decision in T 0558/20 confirms that the gold-standard approach to novelty also applies to an assessment of novelty under Article 54(5) EPC. [read post]
13 Oct 2015, 11:42 am
The AmeriKat's view during Sunday evening'sUPC session Sunday late afternoon sessions are generally a killer for attendance as conference participants are either exploring the sites or getting in a quick Kat nap before evening festivities. [read post]
10 Nov 2024, 9:58 am
Australians love their coffee, so this Kat was not surprised to see another trade mark dispute between coffee producers. [read post]
29 Feb 2016, 10:20 am
However, the ever-dependable Kat friend, Eibhlin Vardy (A&O), has come to the rescue with her take on the Court of Appeal's decision: "Earlier this month, the Court of Appeal rejected an appeal and cross-appeal in the long running trade mark and passing off dispute between Comic Enterprises and 20th Century Fox (Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2016] EWCA Civ 41), previously reported on IP Kat here, here and here. [read post]
