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

If you were barely holding on last week and didn't stay up-to-date with the IP news, here's the summary of what you missed.

A Kat barely holding on.
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Hayleigh Bosher announced the nominees and winners of the IPKat Book of the Year 2023. Congratulations to all the nominated authors!

Trade Marks and Designs

Anna Maria Stein commented the latest decision (T-537/22) about the validity of Lego's registered Community design for “Building blocks from a toy building set”. The invalidity arguments filed in the case concerned only one of the features, but the General  Court stated that a design is invalid only if all its features are excluded from protection. 

Alessandro Cerri discussed the recent CJEU decision on the scope of the referential use exception as amended by the 2015 Trade Mark Directive. The decision confirmed that the 2015 Directive had broadened the exception for referential use.

Patents and SPCs

Rose Hughes updated readers on the petition for review, following the final decision of the Board of Appeal in T 0116/18, based on the BoA's application of the order from the EBA in G 2/21 (which considered whether post-published evidence may be taken into account for inventive step). We will have to wait and see whether the EBA finds the petition for review admissible.

Marcel Pemsel analysed the CJEU's recent judgment on the Enforcement Directive's provision that a defendant must, in principle, be able to claim compensation for losses suffered as a consequence of a provisional measure. The case concerned the Finnish Market Court's grant of provisional measures against the marketing and sale of Mylan’s generic medicine, in the context of an action for infringement of a supplementary protection certificate (SPC). The CJEU held that a strict liability rule to be compliant with the Enforcement Directive.

Copyright

Hayleigh Bosher reviewed the new book, Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge, by Professor Isabella Alexander (University of Technology Sydney). The digital version is open access, and the review includes a discount code for IPKat readers to purchase the hardback.