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Patents
This Kat reported on the conclusion of a new treaty, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. When it enters into force, the treaty will create an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications.
Rose Hughes discussed a case that considered the infamous "dynamic interpretation" by the Enlarged Board of Appeal in Pepper (G 3/19) on essentially biological processes. The decision related to a beer comprising a new type of barley, for a flavourful beer (T 0420/19).
Trade Marks
Marcel Pemsel outlined the legal issues at the heart of a preliminary reference to the CJEU from the French Cour de Cassation (Case C-168/24). The case considers whether, if a fashion designer dies, retires, or leaves the company, the trade mark for the eponymous brand can become deceptive. The facts differ from those in the Emanuel case (C-259/04) in a manner that raises questions about the scope of this absolute ground for refusal.
Reviewed by Jocelyn Bosse
on
Monday, May 27, 2024
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