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

If you've been too busy to keep up, this week's Never Too Late is here to bring you up to speed on the latest in the IPKat world.

This Kat is still digesting the latest Halloumi decision

Trademarks

Alessandro Cerri analysed the Republic of Cyprus' unsuccessful appeal against the registration of GRILLOUMI as a trade mark. The Court held that there was no likelihood of confusion with the two earlier Cypriot certification marks for XAΛΛOYMI HALLOUMI.

Hayleigh Bosher reflected on the announcement that the band Easy Life were changing their name after threats of legal action from the easyGroup on the grounds of trade mark infringement. The band had advertised tour dates with a poster featuring a plane in the style of EasyJet's orange, a parody that would have probably constituted infringement.

Marcel Pemsel discussed the recent case law on the registrability of sound marks, after Berliner Verkehrsbetriebe (‘BVG’, the company operating the public transportation system in Berlin) was unsuccessful in registering a short jingle due to lack of distinctiveness.

Patents 

The IPKat was saddened to hear of the passing of Dr Alan White, a patent attorney and a solicitor, and editor of the CIPA Guide to the Patents Acts. Stephen Jones, and Alan's daughter, Hilary, kindly shared a short obituary with IPKat readers.

Rose Hughes analysed the recent decision in Philip Morris v BAT [2023] EWHC 2616 (Pat), which dealt with the standard for invalidity due to added matter. The case seemed to indicate that the UK courts may be just as willing as the EPO to enforce a hard-line against added matter in patents.

Rose Hughes also discussed the EPO Board of Appeal decision in T 0258/21, which dealt with reliance on a post-hoc identified technical effect of medical use in the absence of any data in the patent application. 

Copyright

Katfriend Henning Hartwig (Bardehle Pagenberg) outlined the questions referred to the CJEU by the Swedish Patent and Market Court of Appeal, which seeks to clarify the significance of the degree of originality of the work for the scope of protection of the work. 

Hayleigh Bosher reviewed the book Walled Culture: How Big Content Uses Technology and the Law to Lock Down Culture and Keep Creators Poor by Glyn Moody. The book provides a critical view of the issues with copyright in the digital age.