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

Your weekly dose of IP insights is here.  Check out what the IPKat has been discussing.

Copyright

Eleonora Rosati reported on Advocate General Emiliou's Opinion in Pelham II, C-590/23, where he proposes a definition of 'pastiche' as an artistic creation evoking an existing work by adopting its aesthetic language while being noticeably different and intended as an imitation.

Patents

Rose Hughes examined the IP implications of the recently issued FDA draft guidance on the use of AI in drug development, highlighting the challenges of regulatory transparency requirements against the need to protect IP, and discusses the heightened disclosure standards compared to patentability requirements.

Rose Hughes reported on the Enlarged Board of Appeal's (EBA) highly anticipated decision in G 1/24, where it ruled that the description and drawings of a patent should always be consulted when interpreting claims for patentability assessment, emphasizing a nuanced distinction between "consulting" and "using" the description to override clear claim language.

Rose Hughes provided a guide on how to read a biotech patent, explaining the importance of understanding claims, examples, and sequence information, and highlights how the G 1/24 decision reinforces the need to consult the description for claim interpretation, especially where definitions and data can influence the scope of protection.

Trade marks

Jocelyn Bosse reported on the CJEU's CeramTec judgment, which held that an applicant's mistaken belief about a sign's technical functionality, even if later proven wrong, can be relevant "relevant and consistent indicia" when assessing whether a trademark application was made in bad faith.

Marcel Pemsel reported on the Higher Regional Court of Hamburg's decision in the VW Bulli case, which denied Volkswagen's claims against model car manufacturers, finding that the shape of the model cars was not perceived as an indication of commercial origin without explicit licensing statements and that any advantage taken of the Bulli's reputation was not unfair as the use was limited to creating a replica.

Book Reviews

Jocelyn Bosse reviewed "The Protection of Traditional Knowledge at the Frontiers of Drug Discovery" by Peter S. Harrison, highlighting its exploration of challenges in enforcing Indigenous peoples' rights over traditional knowledge in drug discovery, particularly concerning free, prior informed consent (FPIC) under the Nagoya Protocol.

IP Events and Opportunities

Eleonora Rosati announced the new edition of the European Patent Litigation Certificate (EPLC) course, offered by ERA and Maastricht University, which provides a certified professional qualification for European patent attorneys to represent clients before the Unified Patent Court (UPC).

Alessandro Cerri highlighted several upcoming IP events, including the WIPO International Symposium on IP and the Future of Food, an EUIPO online workshop on Craft and Industrial Geographical Indications, and a 4iP Council webinar discussing the legislative journeys of EU digital regulations like the AI Act and DMA. The post also noted the EU Commission's call for tenders for a study supporting the upcoming review of the DSM Directive.