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

If you've been too busy organising a grand romantic gesture for your loved one, not to worry, the IPKat has lovingly prepared this summary of the IP news from last week.

Patents

Happy Valentine's Day from the IPKat!
Photo by Jasmine Pang, via Pexels.

This Kat highlighted the potential changes to the global protection of traditional knowledge. With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India.

Rose Hughes commented on the European Parliament's vote to ban patents for gene-edited plants. Many scientists are excited by the prospect of looser regulation of the use of new genomic techniques (NGTs) compared to other genetic modification tools. However, the EU Parliament also introduced amendments that would exclude all gene edited and genetically modified plants from patentability, raising concerns about stifling innovation. The vote is not legally binding, so we shall see whether the European Council will adopt this proposal.

Trade Marks

Marcel Pemsel discussed the recent CJEU judgment (C-334/22) on the use of trade marks on spare parts and accessories. The CJEU found that selling radiator grilles customised with a mounting device for the four-ring Audi logo constituted infringement.

Alessandro Cerri examined a recent decision (T-562/22) on genuine use of a registered EU trade mark, specifically, a figurative mark owned by Yannick Noah, a French former tennis player. The General Court considered how late evidence should be treated during revocation proceedings and the principle that genuine use can still be achieved through use of the mark in a different form.

Eleonora Rosati informed readers about the return of the EUIPO's Intellectual Property Case Law Conference, to be held on 29-30 April 2024, which coincides with the 30th anniversary of the EUIPO. The conference will explore the latest case law and legislative reforms across trade marks, designs, GIs, and copyright. This Kat is looking forward to seeing you in sunny Alicante!

Copyright

Eleonora Rosati also announced an event to discuss the judgment of the Court of Appeal of England & Wales in THJ v Sheridan [2023] EWCA Civ 1354. The IPKat has organised a stellar panel to discuss copyright subsistence on the evening of 14 March 2024, hosted by the Law, Technology and Society Hub at London School of Economics (LSE) Law School. Readers are welcome to join in person (details here) or online (registration here).