Around the IP Blogs

It's time for a weekly review of posts from the surrounding IP blogs over the past week! The IPKat has reported on a few of them below.

TRADE MARKS

The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. This article provides an overview of the current trends in the U.S. with specific examples of how well-known companies are filing trade mark applications related to the use of tokens in virtual environments.

Meanwhile, in Japan, Apple Inc. has challenged the validity of a figurative mark registered for goods related to smartphones in class 9. According to the Cupertino-based company, the challenged mark is said to be very similar to the well-known "bitten apple" logo. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action.

In Europe, the General Court recently discussed a case involving opposition proceedings relating to the likelihood of confusion between the marks "CODE-X" and "Cody's" for beverages in class 32 and whether phonetic similarity is of particular importance in the beverage sector (Judgment of the General Court (Fifth Chamber) of 23 February 2022 in Case T-198/21 [Ancor Group GmbH v EUIPO - Cody's Drinks International GmbH]. The Judgment of the Court was summarized by legal-patent.com.

DESIGN

In Turkey, although the Turkish Intellectual Property Code refers to both the degree of freedom of choice and the informed user, in practice it has not always been clear how these concepts are implemented in design disputes. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

COPYRIGHT

Networked and interoperable devices have proliferated over the past two decades, and the advent of cloud services has created a standard for data sharing. In February, the Commission published its proposal for a "Data Act", which in principle aims to revise the legal framework of Directive 96/9/EC. Among other things, the proposal clarifies that the "sui generis database right" introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

The implementation of the CDSM Directive is taking place in all Member States. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive. However, instead of transposing Article 17 of the DSM Directive into German law by selectively amending the relevant affected paragraphs of the German Copyright Act, the German legislator has opted for implementation through a stand-alone law (UrhDaG): the "Gesetz über die urheberrechtliche Verantwortlichkeit von Diensteanbietern für das Teilen von Online-Inhalten" (see the IPKat post on this topic). The Kluwer Copyright Blog provides an overview of the structure of this national law.

In the United Kingdom, the High Court recently issued an injunction against an Internet Service Provider (ISP) to block access to copyright-infringing websites. The Kluwer Copyright Blog has commented on the order and the parameters for granting injunctions with respect to the legal basis of Section 97A of the Copyright, Designs and Patents Act 1988.

PATENTS

The EPO's new guidelines for examination came into force at the beginning of March. The innovations concern the examination of computer-based inventions, especially in the field of artificial intelligence, and biotechnology (especially the issue of genetic modification of animals). Important changes have been made with respect to the adaptation of the description and the patent claims. For a complete overview (in French), see the Blog du Droit Européen des Brevets, which provides an overview of the main amendments and the related case law.

The well-known company Philips was the protagonist of a patent infringement suit in the Netherlands, which was recently dealt with by the Supreme Court. The background and the full decision (in Dutch) can be found on the EPLaw Blog.

The EPO's Opposition Division recently discussed a case involving a patent on DNA sequencing owned by the University of Berkeley and the University of Vienna, among others. Juve Patent reported on the case and the outcome of the EPO's decision.

MISCELLANEOUS

Finally, as noted by Marques, it is time to take a look at the judicial statistics of the CJEU and the EGC for the past year! The press release issued last week shows that despite the pandemic, the EU courts were able to maintain full continuity of their operations. The full statistics, figures and report can be found here.

"Kitten" by kevin dooley is marked with CC BY 2.0.