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

Here is the weekly recap of what you might have missed!

Patents

Rose Hughes explained cell therapies and their unique challenges in the pharmaceutical marketplace. She also provided insights regarding loss of exclusivity.

Katfriend Adanna Onah analyzed the decision of the Court of Appeal of England and Wales in Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490. The case concerned Ensygnia’s patent for QR code-based authentication and payment systems.

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The Board of Appeal questioned whether the claimed composition involved an inventive step.

Plant Varieties

Jocelyn Bosse reported on a recent decision of the Supreme People’s Court concerning compensation for the unauthorised plantings and sale of an apple variety called 'Scilate'. The Court awarded RMB 3.3 million (£319,000) in damages, recording the largest award for a civil claim for PVR infringement.

Copyright and AI

Eleonora Rosati reviewed the US Court of Appeal decision in A Recent Entrance to Paradise which is an artistic work that is claimed to have been entirely generated by Dr Stephen Thaler’s Creativity Machine. The Court of Appeal has confirmed that “the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being.”

Trade Marks

Söğüt Atilla discussed the EUIPO Fifth Board of Appeal's decision to refuse to register a colour combination for “agricultural machines and implements, namely field sprayers” in Class 7 of the Nice Classification due to the absence of sufficient evidence demonstrating acquired distinctiveness through use under Article 7(3) EU Trade Mark Regulation.

Designs

Marcel Pemsel looked into the latest decision of the General Court concerning the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation.

IP events and opportunities

Oliver Fairhurst informed the Readers of upcoming events from Italy, the UK, Poland, and USA. Several opportunities include a Senior Research Associate recruitment from the Faculty of Law at the University of Cambridge. The Cambridge Faculty of Law is also recruiting a Senior Research Associate to work on the challenges of innovation and advanced medical computing. Be sure to check out our post and Events page for more details.
Never Too Late: If you missed the IPKat last week! Never Too Late: If you missed the IPKat last week! Reviewed by Asude Sena Moya on Tuesday, March 25, 2025 Rating: 5

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