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7 Nov 2017, 3:09 am
The Higher Regional Court of Düsseldorf discussed the case against the background of the CJEU jurisdiction in Huawei/ZTE (which should be known to any Kat friend - see here). [read post]
5 Feb 2018, 9:58 am
This Kat sets out these alternatives and summarizes some of the pros and cons of each.1. [read post]
31 Aug 2018, 5:13 am
Our own Kat Eleonora Rosati will deliver a talk-- “Branderella: trade marks and fictional characters”. [read post]
20 Jul 2020, 1:00 am
Kat reader Robert Isackson provides insights into an on-going case, which may change the way claim construction issues are dealt with in US civil proceedings. [read post]
9 Dec 2020, 12:40 am
In this context, The IPKat is pleased to publish a guest post by Kat friends from the Institute for Information Law (IViR) Bernt Hugenholtz, João Pedro Quintais, and Daniel Gervais, discussing the findings, conclusions and recommendations set out in the study on Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework, which was also published on 25 November 2020. [read post]
26 Nov 2013, 2:47 pm
This Kat notes the Court's reiteration at [108] of a rule of contractual construction that seems to him to have fallen a little out of favour in these days of bending over backwards to accommodate the real or imagined intention of the parties to a contract -- he's talking of the contra proferentem rule. [read post]
2 Jun 2019, 11:34 pm
It's time to wave goodbyeThis is my last post as an official Guest Kat. [read post]
19 Nov 2019, 6:11 am
As a bonus, she asks for feedback from Kat readers. [read post]
15 Jan 2020, 11:17 am
| A Kat’s 2019 Copyright Awards | Until When Can Patent Claims Be Limited in Civil Proceedings? [read post]
14 Sep 2015, 5:13 am
There was also confirmation that almost all patent attorneys will have rights of audience before UPC courts (of which see Katpost here).UPC talks have been the staple of many a Kat’s diet for a while now – but IPSoc strives to make its educational events that little bit different, and the informal and flexible nature of this talk (illustrated by the boy band-style chairs the presenters had the pleasure to be sat on) helped to make this UPC session more interesting for those who… [read post]
16 May 2022, 12:10 am
In the meantime, this Kat recommends watching the lively discussion before the BoA in case T-467/20. [read post]
23 Dec 2024, 7:35 am
This Kat certainly looks forward to seeing what research into trade mark history might be spurred [Merpel: or "purred"?] [read post]
6 Nov 2013, 10:11 am
While believing that a more flexible system of copyright exceptions would be a good idea, this Kat is not so sure that current Article 5 of the InfoSoc Directive allows Member States to adopt their own fair use exceptions. [read post]
5 Jul 2017, 3:44 am
Kat friend Jeremiah Chew from Ascendant Legal reports on a particularly interesting case from Singapore in this regard. [read post]
28 Jul 2015, 3:49 am
While cleaning up her post-trial Kat basket at the weekend she revisited the sixth studio album of the Fab Four. [read post]
13 Mar 2022, 10:58 am
Kat-quotationThere is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review.Despite it being admittedly a ‘right to quote’ from the perspective of Article 10(1) of the Berne Convention, under EU law quotation is one of the traditionally optional exceptions found inter alia in Article 5 of the InfoSoc Directive, specifically Article 5(3)(d). [read post]
30 Jun 2013, 9:28 am
The theme of contrasts between the common law and the civil law traditions -- contrasts which this Kat considers to have played an important part in the development of both national and EU IP law in the previous century but to be playing themselves out now -- has already been picked up and elaborated in an earlier tome published by Hart, that being Intellectual Property Overlaps: A European Perspective by Estelle Derclaye and Matthias Leistner (noted here by the IPKat). [read post]
28 Sep 2019, 12:00 am
Article 12 of the Directive 2008/95 provides the grounds for revocation while Article 10 therein distinguishes between two different cases:This Kat is clearly not using its trade markwhen, within a period of five years following the date of the completion of the registration procedure, the proprietor has not put the trade mark to genuine use in the Member State in connection with the goods or services in respect of which it is registered;when such use has been suspended during an… [read post]
11 Jun 2020, 3:05 am
A Brompton Bicycle bike (top) andits alleged counterfeit (bottom) in thebackground national proceedingsSince its seminal ruling Infopaq nearly 11 years ago [Kat-celebration here], the Court of Justice of the European Union (CJEU) has been contributing fundamentally to both shaping and placing the building blocks of copyright protection in the EU. [read post]
24 May 2018, 10:50 pm
Kat friend Jake Campbell of the TLT firm has shared his thoughts on the recent case of FIL Ltd & Anor v Fidelis Underwriting Ltd & Ors, and why the shadow cast by Arnold J's reference to the CJEU in Sky v SkyKick clouds the result. [read post]
