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

If you've been too wrapped up with preparations for the holiday season, here's a summary of the IP news that you might have missed last week:

Patents

This Kat is still contemplating which IP books
to put on her Christmas wish-list...

Rose Hughes outlined the recent EPO Board of Appeal decision (T 1356/21), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

Trade Marks

Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023. This year, the highlights series was produced in collaboration with IP practitioners and researchers: Clarisse Mideva, Rita Chindah, and Jessie Mgonga.

Marcel Pemsel discussed the recent Advocate General's opinion in the case of EUIPO v Indo European Foods (Case C-801/21 P), which concerns the effects of Brexit on EU trade mark law after the end of the transition period. The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off.

Copyright and Designs

Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023. The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.

Anastasiia Kyrylenko commented on a ruling on design and copyright protection of a cat litter tray, which was resolved by the first instance Community design court in Brussels

Eleonora Rosati updated readers on a recent referral from an Italian court to the CJEU with questions about the press publishers’ related right under the DSM Directive.  

Kevin Bercimuelle-Chamot discussed a recent ruling from the Paris Court of Appeal, which held that L'Oréal's continued use of photographs beyond the period stipulated in the copyright assignment contract constituted infringement in France.

Katfriend Roya Ghafele (OxFirst) shared his opinion on the copyright implications of the EU Provisional Agreement on the Artificial Intelligence Act, which contains several transparency obligations regarding the content used for training AI.

Intellectual Property Generally

Chijioke Okorie concluded the “Africa IP Highlights 2023" series by highlighting some of the key reforms in IP policy, legislation and administration in Africa this year.

Hayleigh Bosher reviewed the book Reforming Intellectual Property, edited by Gustavo Ghidini and Valeria Falce. In each of the 19 chapters of the book, the contributors evaluate an area of reform in IP that they deem a priority in relation to the public good.