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

Here is what you missed last week on the IPKat.

Copyright

Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. 

Alessandro Cerri reported the news that the digital music service Spotify will fully cease its operations in Uruguay by February due to the domestic approval of the 2023 Rendición de Cuentas Bill and the consequent claimed unsuitability for the business to be available in the country.

Image via Pexels

Eleonora Rosati discussed the recent assessment of originality in copyright law as considered by the Court of Appeal of England and Wales in the case THJ v Sheridan [2023] EWCA Civ 1354. The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.

Geographical Indications

Jocelyn Bosse addressed the recent judgement of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorportated [2023] SGCA 37 and the registration of ‘Prosecco’ as a GI in Singapore. 

Patents 

Rose Hughes discussed the interpretation of G2/21 by the Board of Appeal in the T 0116/18 case and the fact that this interpretation considers the rejection of the language of plausibility, the divergence between the EPO and the UK courts and what it requires with regards to the disclosure of a technical effect relied on for inventive step. 

Rose Hughes analysed the recent referral, namely the appeal case T 56/21, to the Enlarged Board of Appeal on description amendments.

Trade Marks

Katfriends Javohir Kurbonov and Khalil Jurayev discussed the recent developments in the trade mark law of Uzbekistan and its harmonisation with international treaties, especially in relation to well-known (famous) trade marks.

Kevin Bercimuelle-Chamot analysed the recent ruling concerning the Tour de France in relation to the decision of the French Court of Appeal on whether the “TOUR DE FRANCE” trade mark had been infringed by the registration of a later trade mark that presented the addition of the words “A LA RAME”.

Katfriends Robbert Sjoerdsma and Annelotte Boot discussed the creation of the Crompouce, a croissant-tompouce hybrid, and whether the name of the new pastry can be protected as a trade mark without resulting too descriptive. 

Marcel Pemsel commented on two instances in which the EUIPO Board of Appeal assessed whether distinctive character was present in relation to cases of trade mark applications for signs portraying a specific person’s photograph.

Alessandro Cerri addressed the recent decision of the Fifth Board of Appeal of the EUIPO concerning whether collective marks or PDO designations could be granted in relation to the application of two signs linked to the Italian cheese producer Grana Padano Consortium.

Anna Maria Stein reported on the decision of the Board of Appeal of the EUIPO in relation to the registration of a position trade mark for footwear, by considering the distinctiveness of the contested geometric sign.

Former GuestKat Darren Meale presented the list and brief analysis of the most notable trade mark cases that reached the courts in the last six months as part of the thirteenth Retromark volume. 

Former GuestKat Jan Jacobi and Katfriend Jarieked Timmerman commented on a recent ruling of the Dutch Supreme Court on the concepts of ‘due cause’ and honest practices.

Other news

Hayleigh Bosher invited the IPKat readers to vote for the IPKat Book of the Year Awards 2023. By following the instructions in the post, readers can vote for books in five categories - Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP) – in order to celebrate this year’s IP literature.