In a recent decision (R 1397-2022-5), the Fifth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) took the unusual step of suspending an opposition appeal so as to remand the trade mark application to the Examiner for an examination on the basis of absolute grounds of refusal.   Background In June 2012, RTL interactive GmbH (RTL) a German media company, filed an application (the Application) to register the following figurative mark (the Mark) as an EU trade mark (EUTM) in a wide range of classes, including classes 9, 10, 16, 18, 21, 24, 25 ..read more

This TechieKat was thrilled to put her paws on Forever, written by Daniel J. Gervais, Milton R. Underwood Chair in Law and Director of Vanderbilt Intellectual Property Program at Vanderbilt University. Forever is a legal sci-fi story and the first volume of the Coexistence Trilogy (see the dedicated website here). The trilogy is part of a project to understand the interactions between humans and advanced artificial intelligence (AI), aiming to explore the legal and philosophical aspects of such coexistence. In the author’s words, science fiction is beneficial in legal education as it “pond ..read more

  The Board of Appeals of the Italian Patent and Trademark Office (UIBM) recently issued a decision in favour of Elettra Lamborghini, allowing her to register her name as a trade mark despite the opposition from well-known car manufacturer Automobili Lamborghini. Facts of the case Elettra Lamborghini, granddaughter of the founder of Automobili Lamborghini (Lamborghini), has built a career in the entertainment industry, participating in various international reality shows and releasing successful music. On 02 May 2019, Elettra Lamborghini (the Applicant) filed before the UIBM the applic ..read more

The notion of originality is key to copyright law. Our readers might be well aware of this [IPKat here, here or here]. It is therefore interesting and useful to know what can constitute a free and creative choice for each type of work that may be created. This time, this Kat found a recent decision issued by the Tribunal judiciaire (TJ) of Rennes concerning the alleged infringement of copyright in a scientific paper. FactsMs J, a university research professor, has published numerous scientific articles. In 2016, she co-authored an article entitled “Imagerie multimodale: apport de la multi fon ..read more

The UPCKat is getting the hang of  so many UPC hearings in Munich As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC.  With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte and Hiske Roos and members from the team at Carpmaels, this post will examine the need (or not) for sufficient certainty on validity and infringement.   Over to Agathe and Hiske who take us to Munich b ..read more

Dotted or broken lines are common in trade mark and design applications to show elements that are not meant to be protected. The Guidelines on the Examination of applications for registered Community designs of the European Union Intellectual Property Office (‘EUIPO’) state: Visual disclaimers indicate that protection is not being sought, and registration has not been granted, for certain features of the design shown in the representation. Thus, they indicate what is not intended to be protected. This can be achieved: · by excluding with broken lines, blurring or colour shading the features o ..read more

If you were too busy last week to keep up with the IP news, here's the summary of what you missed. Join Us! Looking at new opportunities. Image from Pixabay. Firstly, a reminder that applications are currently open for a new GuestKat and InternKat. The deadline for applying to be a GuestKat and InternKat is Friday, 14 June 2024 (midnight GMT). Successful candidates will start in July 2024. Details here.Patents This Kat reported on the conclusion of a new treaty, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. When it ente ..read more

The IPKat is back with the latest overview of opportunities, events and IP news! Opportunities The University of Edinburgh is seeking to hire a Lecturer in Global Law and Digital Technology. Candidates with expertise in law and digital technologies are welcome to apply until May 29. GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. Interested participants are welcome to apply until June 28, with papers at the interface between ..read more

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities. Image from Pixabay. The crux of the Treaty is an international disclosure requirement related to genetic resources and traditional knowledge associated with ge ..read more

  Always on the move to attend the latest events What's new in terms of events and opportunities in the IP field? Find out by reviewing the latest edition of our miscellany post. And, for events, do not forget to regularly check our Events page. Happy week to all our readers! Events Webinar - Plausibility: from herbicides to insecticides and beyond (30 May 2024) On 30 May 2024 the 4iP Council is hosting a webinar with Dheemanth Vangimalla and Sir Robin Jacob (chaired by Axel Ferrazzini) on the topic of  "plausibility”, which is an evidential requirement relating to w ..read more