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1 Apr 2019, 7:51 am
According to Article 112 EPC, the President of the EPO may refer a point of law to the EBA, in order to ensure uniform application of the law, or if a point of law of fundamental importance arises,"where two Boards of Appeal have given different decisions on that question".Unless this Kat has missed something, there have not been conflicting decisions from the TBAs on the issue of the products produced by essentially biological processes since the issue was determined in G… [read post]
22 Oct 2014, 4:52 am
The BGH’s headnotes neatly summarise this concise decision (Kat translation):(a) A suspension of a trade mark infringement court proceedings with regard to a pending cancellation action against the trade mark on which the infringement proceedings are based will usually not be allowed, where there no utmost probability (“keine überwiegende Wahrscheinlichkeit”) of success in the cancellation proceedings. [read post]
4 Aug 2015, 9:03 am
Fellow Kat Jeremy briefly reported that AMBA (the Association of the Members of the Boards of Appeal) has launched its own consultation on its proposed new structure of governance for the Boards of Appeal of the European Patent Office. [read post]
17 Feb 2022, 12:39 am
Kat readers may be aware of the recent dispute over podcaster Joe Rogan. [read post]
28 May 2023, 8:17 am
This recent French decision gives us an opportunity to look at a rarer case, that of copyright infringement in a typeface.A very Kat fontBackgroundThe facts deserve some attention. [read post]
20 Mar 2018, 5:13 am
Kats love napping readingWhile this book does put forward original arguments on the issues raised by the law of certification and collective marks, these arguments are at times obscured by the thorough and rigorous account of the law. [read post]
20 Aug 2023, 5:20 am
The Kats ...Italy is a dualist jurisdiction with a longstanding tradition of moral rights protection, in line with droit d’auteur systems.In this specific case, the Italian Supreme Court was tasked with providing guidance on the moral rights of (1) attribution and (2) publication of a work. [read post]
30 Jul 2016, 3:49 am
This Kat doubts that this innocuous threat would deter players from sharing their rare captures such as Mewtwo, but it does raise concerns of the clarity of this area of law, especially concerning the line between commercial and non-commercial uses of reproductions of copyright works. [read post]
11 Nov 2019, 1:26 am
Kat friend Tyrone Berger reports on a recent case in Australia that addresses the ever-vexing quetion of when use amounts to trade mark use.In the recent decision of Pinnacle Runway Pty Ltd v Triangl Ltd, the Australian Federal Court has found that the name given to a style of bikini will not amount to 'use as a trademark' so as to consitute trade mark use. [read post]
2 Oct 2017, 11:54 pm
Having found herself in the audience of talks on privacy (and surreptitiously trying to cover up her privacy-offending activity tracker), this Kat was delighted to delve further into the world of Data Protection. [read post]
21 Oct 2014, 9:37 pm
Kats' Law of Thermodynamics: more energyis expended in trying to shift the cat fromin front of the fire than is absorbed by sitting in front of it yourself ...This was an appeal by Peter Crowley against the decision of IPO hearing officer Mr B. [read post]
31 Jan 2021, 6:07 am
Urbach’s granddaughter, a similar practic to “Aryanize” works by authors of Jewish orgin, was observed in several Austrian publishing houses in late 1930s.PatentsWith the EPO increasingly accepting oral proceedings by video-conference (VC) as the new normal, Guest Kat Rose Hughes looked into how this shift from in-person to VC proceedings is perceived by patent attorneys and lawyers across Europe. [read post]
10 Sep 2022, 2:35 am
Comment This Kat had expressed the same sentiments as has now been stated by the SCA. [read post]
20 Dec 2016, 5:34 am
This Kat is grateful to his colleague Andrew Sharples, head of practice group EIP Life, for preparing this report of recent news from the European Patent Office about the patentability of products of essentially biological processes. [read post]
30 Jul 2013, 2:53 pm
Some patent cases make this fairly non-technical Kat glaze over a bit when he tries to make head or tail of the facts. [read post]
7 May 2020, 5:29 am
The AusKat won't be restrained fromlaunching to attack that wrinkle on thesheets.....In a long-awaited judgment that will affect applications in Australia for interlocutory injunctions to restrain launch of pharmaceutical products, as well as claims for compensation following wrongful exclusion of generic or biosimilar pharmaceuticals from the market, the Federal Court of Australia dismissed a claim made by the Commonwealth government for compensation from Sanofi (Commonwealth of Australia v… [read post]
25 Jul 2020, 9:20 am
This Kat likes the flowers (and maybe even the bumblebees)If you didn't get the chance to keep up with The IPKat last week, never fear: this week's roundup is here.CopyrightThe big copyright news last week came in the form of Advocate General Øe's Opinion in Joined Cases C-682/18 and C-683/18, advising the CJEU to rule that platforms are not liable for the making available of infringing user-uploaded content under EU law prior to the DSM Directive. [read post]
18 Jun 2019, 5:00 am
A few weeks ago this Kat was pleased to participate in the event "Institutions And Regulation For The Fourth Industrial Revolution" jointly organised by the Liège Innovation and Innovation Institute (LCII), Hoover IP2 (Stanford University), and the Center for Intellectual Property of the University of Gothenburg.The underlining questions of the day were the following: What institutions, policies, and regulations will maximise economic surplus generated in the fourth… [read post]
27 Jul 2015, 8:40 am
Lest you want to cry for the publishers, ETH spends about EUR 9 million per year on subscriptions to scientific publications).This Kat observes that the decision will leave all parties dissatisfied: ETH is forced to make copies from printed volumes, although it is also subscribed to the electronic databases containing these articles. [read post]
22 Sep 2013, 4:34 pm
Is this Kat called Alexandra? [read post]
