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

If the spooky season kept you distracted from the latest IP news, here is what you might have missed.

Image via Pixels

Copyright

Katfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works.

Anastasiia Kyrylenko informed readers that the CJEU has received the first request for preliminary ruling concerning the interpretation of the DSM Directive in a Belgian case on remuneration of authors and performers. 

Nedim Malovic discussed the recent referral to the CJEU from the Swedish Patents and Market Court of Appeal involving dining tables and the requirements for copyright protection.

Kevin Bercimuelle-Chamot:

• analysed the recently proposed French bill aiming at providing a copyright framework for AI;
• discussed a recent copyright case concerning incidental inclusion of third-party content.

Trade marks 

Alessandro Cerri reviewed an EUIPO decision (R 872/2023-4), which found that a figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected as a trade mark in the EU.

Marcel Pemsel:

• discussed a case (28 W (pat) 24/18) in which the German Patent Court confirmed that a position mark depicting the Birkenstock pattern lacks distinctiveness;
• commented on the recent EUIPO decision that rejected an opposition, based on the concept of earlier non-registered rights under Art. 8(4) EUTMR, brought by Tesla against the registration of the word ‘GIGABIER’ by a German Company.

Anastasiia Kyrylenko analysed the recent CJEU preliminary ruling on the enforcement of IP rights in relation to whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and Art. 49(1) of the Charter of Fundamental Rights of the European Union. 

Patents

Rose Hughes discussed how the implementation of the new sequence listing by the EPO (required for biological sequences disclosed in a patent application) ST.26, applies to all new European applications filed after this date. 

Henry P Yang considered the first order issued by the Court of Appeal of the Unified Patent Court (UPC), which related to a procedural issue. 

Anna Maria Stein:

• discussed the role of protective letters at the UPC;
• reported on the recent order issued by the President of the UPC Local Division of The Hague. The order related to a switch in the language of the proceeding (Dutch to English), in accordance with the language in which the patent was granted.

Miscellaneous 

Eleonora Rosati reminded that the conference, organized by InformaConnect, on “Competition Law in the Pharmaceutical Sector” will return to Brussels on 5 December.

The post was prepared jointly by Chiara Gallo and Aleksandra Czubek.