Never Too Late: If you missed the IPKat last week!

Join this new InternKat on her first post to catch up on what you might have missed! 

Tuesday Tiddlywinks

Eleonora Rosati reported on various upcoming events and conferences in Bergen, Santiago de Chile, and London. Also, don’t forget to check the news she reported if you are a copyright fan like this InternKat.

Copyright

Image by Riana Harvey

Katfriend Seun Lari-Williams discussed the change in Nigeria’s national anthem from a copyright perspective. Recently, the Nigerian Government decided to re-adopt the previous national anthem used in 1960-1978. While the move reminded of the copyright dispute over Uganda’s national anthem from 2019, the new anthem titled “Nigeria, We Hail Thee” opened the floor for further concerns. Our Katfriend considered several aspects regarding copyright ownership.

Antonios Baris released the greatest hit of summer 2024: The EleonORe Song. While you can learn general details about producing an AI-generated song, you can also delve into legal considerations through this Kat’s post. While the recent EU AI Act also referred to the text and data mining exception in Article 4 of the DSM Directive, concerns about AI development remain. Feel free to enjoy the EleonORe Song and ponder upon the thought-provoking questions of copyright and AI.

Katfriends Sunimal Mendis and Olia Kanevskaia reported on the “Malamud” case (C-588/21 P Public.Resource.Org). Their post considers the copyrightability of harmonized technical standards (HTS), considering that HTS form part of EU law. One of the main issues in this dispute is finding a valid copyright claim to restrict public access to HTS.

 
Trade Marks

Katfriend Kimberley Evans discussed the refusal of the BASMATI trade mark registration in New Zealand. APEDA’s application to register the word BASMATI as a certification mark in that country was opposed due to lack of distinctiveness and insufficient certification rules. Even though the Assistant Commissioner listed the reasons for refusal in response to the reconsideration request, an appeal might occur, as well as possible future battles on GIs.

Patents and Designs

Jocelyn Bosse reviewed the book Terrell on the Law of Patents, which was first published in 1884 by Thomas Terrell. The latest volume provides a comprehensive look at the significant updates in UK patent law since the last edition in 2020. The book was edited and recently published by the skilled team of British IP Bar; Douglas Campbell KC taking over as general editor, and Tim Austen as deputy editor.

PatKat Rose Hughes analysed the T 0815/22 decision on the second medical use claim. The Board of Appeal was not convinced on several points; therefore, the patentee’s claims were found to lack novelty. It was acknowledged that prophylactic methods were considered as therapy, and the baby formula had therapeutic effects. However, the Board decided that providing a breastfeeding substitute cannot be regarded as therapeutic. According to the decision, the nutritional benefit is insufficient for additional IP protection for a second medical use patent.

Rose Hughes also reported on the decision Sanofi v Amgen, UPC_CFI_1/2023, focusing on the very first revocation before the UPC. This decision also highlights how the US and the UPC Central Division are strictly opposed to each other on the matter of antibody inventions.

Marcel Pemsel explored the recent case I-20 U 291/22 on the design for the housing of a car key. Volkswagen sued W+S for infringement of its registered Community design (‘RCD’). W+S appealed to the Higher Regional Court of Düsseldorf; however, RCD dismissed the appeal and counterclaim. This case opens the further discussion of all types of remote controls, going beyond car key housings.