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

Staying Sharp on IP: Your Weekly Update from the Kats.

Decoding the latest in patents,
trademarks, and copyright with a furry expert.

Copyright

Katfriend Georgia Jenkins delved into the lawsuit filed by Eight Mile Style against Meta over the alleged unlicensed use of Eminem's early music catalogue. The post explores the claims of "rampant infringement" across Meta's platforms and considers the broader context of music industry exploitation and business realities.

Katfriend Marilena Kanatá examined the growing trend of creating digital replicas of deceased celebrities and the legal vacuum surrounding the practice. She contrasts the limited, dignity-focused protection in many European civil law systems with the more commercial, transferable publicity rights recognised in parts of the US.

Patents and Plant Varieties

Annsley Merelle Ward reported on a significant UPC Court of Appeal decision that reversed a first instance ruling, granting a preliminary injunction to Boehringer Ingelheim against Zentiva. The judgment clarifies the test for "imminent infringement", suggesting that completing national pricing and reimbursement procedures for a generic drug can be enough to "set the stage" for infringement.

Jocelyn Bosse provided an overview of a recently published expert report on the patent governance of agricultural gene editing. The report details discussions among experts on regulatory developments in the EU and UK, the role of the precautionary principle in patent law, and the challenges of using licensing to ensure access to innovation.

Annsley Merelle Ward presented a comprehensive review of recent Belgian patent litigation, courtesy of the team at Stibbe. The analysis covers key decisions on the intersection of IP and competition law, the first European judgment on the merits of the SPC manufacturing waiver, and the admissibility of evidence obtained via a saisie order that is later annulled.

Rose Hughes walked us through EPO Board of Appeal decision T 2387/22, which addresses the clarity of functional claim language in use claims. The Board found that when an invention is based on a relative improvement of a known effect, that improvement must be defined in objectively verifiable terms to ensure legal certainty.

Trademarks

Marcel Pemsel analysed the CJEU's ruling in Lunapark Scandinavia, which clarifies that national courts cannot apply their own non-harmonised rules on inaction (passivity) to limit a trade mark owner's rights. The decision confirms that the EU Trade Mark Directive fully harmonises the conditions for acquiescence, reinforcing uniform protection across Member States.

IP Events and Opportunities

Rose Hughes kicked off the week's round-up by highlighting the USPTO's crackdown on fraudulent trademark filings and its elimination of the expedited design examination program. She also noted the launch of an AI-assisted patent examination tool and provided a comprehensive list of upcoming IP events.

Eleonora Rosati announced the Copyright Society's upcoming International Conference in Dublin this October. She highlighted the exciting agenda, which covers topics from Article 17 to AI, and shared a special VIP code for IPKat readers to receive a discount on registration.

Eleonora Rosati also brought news of the Life Sciences Strategy Summit on IP & Exclusivity returning to Munich in October. She pointed out the impressive roster of speakers from industry, patent offices, and the judiciary, and kindly provided another discount code for the IPKat community.

Marcel Pemsel provided a final weekend round-up of opportunities for the IP community. His post highlights an upcoming design rights summit, a lecture on AI and authorship, a UKIPO consultation on the designs framework, and two intriguing calls for papers.

Image credit: Gemini AI