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

Here is the weekly Never Too Late post for you to enjoy, covering the latest IP updates.

Copyright and Artificial Intelligence

📍Busan, Korea🐈

Verónica Rodríguez Arguijo reported on the conference
‘Digital Knowledge – The Library and Copyright in a Global Digital Economy’, which was held on 12 and 13 September 2024 in Stockholm. The event featured many sessions, including meaningful discussions on AI and its relation to copyright. While gathering many professionals from several fields and jurisdictions, this conference keeps us updated with the latest improvements in AI regulations. A particular focus on the libraries' viewpoints provides a different approach to this hot topic. The event ended with a prospective view of future approaches to AI. You can enjoy the photos of our TechieKat from the conference as well as delightful Swedish landscapes.

Eleonora Rosati analyzed the very recent Supreme Court decision (4Ob97/24d) on Räuber Rathausplatz, concerning the owner of the rights to a children's book series and an alleged parody thereof by a political party in Austria. The case includes three key issues under EU copyright law: (1) the scope of the right of reproduction; (2) the role and addresses of the three-step test; and (3) the notion of ‘parody.’

Trade marks

Jocelyn Bosse discussed the latest judgment on the Halloumi saga. The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Fontana Food AB case concerned two trade mark applications for the words "GRILLOUMI" and "GRILLOUMAKI". These were both opposed by the owner of UK collective mark for the word "HALLOUMI,” this being the Foundation. The opposition was based on ss.5(2)(b) and 5(3) of the UK Trade Marks Act 1994, i.e., confusing similarity and the protection of marks with a reputation. Due to a low degree of similarity, since it would be unlikely to assume that any cheese served in a restaurant had originated from the same undertaking as the restaurant services, the Hearing Officer of the UKIPO dismissed the opposition. A similar opposition was filed for the GRILLOUMAKI application related to the "-AKI" ending of the word. Moreover, it was decided that the use of the GRILLOUMI or GRILLOUMAKI trade marks would not take unfair advantage of the reputation of the collective mark. Marcel Pemsel reported on the recent decision of the European Union Intellectual Property Office (‘EUIPO’) on the similarity between Universal Brand Group Pty Limited (‘Universal Brand’)’s registration of EU trade mark ‘Elton’ and trade marks no. 017946692 ‘ELON’ / no. 551583 ‘ELON’. The Board of Appeal considered the similarity of the signs and the likelihood of confusion in its decision.

Book Review

Antonios Baris reviewed the book “Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy,” edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. The book mainly focuses on IP harmonization across both sides of the Atlantic, with four parts and 16 chapters overall. It also touches upon emerging issues, like the interplay between AI and copyright.

Photo taken by Asude Sena Moya🐈