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

The holiday is over and this Kat hopes that all readers managed to renew their energies. What's better than a summary of IPKat's posts from the past two weeks and some leftover chocolate to get through the week? 

A Kat in desperate need of a coffee

GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022.

A recent decision of the Board of Appeal of the EPO (T-1024/18) resulted in the revocation of an EU patent application on the ground that an amended description had not been filed with the allowable amended claims on appeal. Arguably, the decision is contrary to that of the Board of Appeal in T 1989/18 in which the description amendment requirement was found to lack legal basis. GuestKat Rose Hughes provided here insights with several KatFriends also offering their views on the matter.  

SpecialKat Tian Lu summarised the Supreme People’s Court of China (SPC) Judicial Interpretation on Several Issues Concerning the Application of the Anti-Unfair Competition Law.

They claim it's in the DNA - a recent Board of Appeal decision (T-1964/18) confirmed that genus antibody claims are not only allowable but ,when put to the test, can survive an appeal. The decision was reported and commented on by our GuestKat Rose Hughes.

Certain users are in cloud 9 as the Court of Justice of the European Union (CJEU) ruled that private copying also applies in the cloud and warned against thinking that everything is communication to the public. PermaKat Eleonora Rosati commented on the decision.

Our PermaKat Neil Wilkof shared with us stories about vampires and how copyright bit them back while adapting some of these stories from books into movies.

Check again your shopping basket as the CJEU, in joined cases C-148/21 and C-184/21, will determine whether and under what conditions the operator of an online marketplace may be found liable under Article 9(2) of the EU Trade Mark Regulation 2017/1001. PermaKat Eleonora Rosati wrote an article about those referrals and summarised it here.

Katfriend Marijus Dingilevskis reported on the Lithuanian transposition of the DSM Directive.

GuestKat Jan Jacobi commented on a recent decision of the CJEU, which determined that the law of Member State where Community design infringement took place determines applicable law to supplementary claims as well.

Lastly, our PermaKat Eleonora Rosati shared new information regarding the next (in-person!) event organised by the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University, which will reflect on the 3rd anniversary of the adoption of the DSM Directive, including the national transposition maze and the Polish challenge to Article 17.