A Venetian Surprise: Does the UPCA Transitional Period Really Require an Opt-Out to Access National Courts?
The Court of Venice issued a December 2025 ruling that a national court cannot hear a European patent infringement case unless the patentee has formally opted out of the Unified Patent Court (UPC). The decision interprets Article 83 of the UPCA as granting exclusive jurisdiction to the UPC, with national courts only accessible through a registered waiver. This reading clashes with the prevailing view that the seven‑year transitional period allows parallel proceedings in national courts and the UPC. If the ruling gains traction, patentees could lose the flexibility they relied on during the transition.
Patenting the Use of Medical Devices (T 0941/24)
The EPO Board of Appeal in case T 0941/24 overturned the examining division’s refusal of EP 3332729, a BrainLab patent for a dual‑sensor medical tracking system. By interpreting the claim language narrowly, the Board concluded that the method does not implicitly involve...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat’s weekly roundup recaps several high‑profile IP developments across Europe and the UK. Notable cases include the German court’s invalidation of the Neuschwansteiner beverage trademark, a Spanish court’s refusal to deem the Frisby brand “well‑known,” and a UK High...
The Claude Code Leak that Spurred 8,100 DMCA Takedown Notices
Anthropic unintentionally released a 59.8 MB dump of Claude Code containing 512,000 lines of TypeScript that orchestrates its agentic prompting system. In response, the company filed roughly 8,100 DMCA takedown notices targeting direct copies of the code on GitHub. The open‑source...
Mirror, Mirror on the Wall — Who Is the Most Distinctive of Them All?
The CJEU is examining a Hungarian trademark application that uses a photorealistic portrait of a lawyer as a figurative mark for classes 9 and 45. The court is asked whether the EU Trade Mark Directive bars registration of such images and whether...
ERA Summer Course on European Intellectual Property Law Returns to Trier with IPKat Readers’ Discount
The European Law Institute (ERA) is hosting its Summer Course on European Intellectual Property Law in Trier, offering a comprehensive curriculum that spans EU and international frameworks, trademarks, designs, geographical indications, copyright, patents, SPCs, the Unified Patent Court, and licensing....
Fordham 33 (Report 8): IP in Washington
At Fordham’s 33rd IP Conference, a panel discussed how intellectual‑property policy is shaped in Washington, D.C. Panelists from the U.S. Chamber of Commerce, High Tech Inventors Alliance, and House and Senate Judiciary committees identified Congress members, staff, and corporate sponsors...
Fordham 33 (Report 7): IP and Frontier Technologies
The Fordham 33 IP conference panel, chaired by Joshua Simmons, examined how frontier technologies, especially generative AI, are reshaping intellectual‑property law. Panelists from OpenAI, academia, and the federal judiciary noted that copyright, not patent law, now dominates regulatory concerns for AI...
Fordham 33 (Report 6): Unified Patent Court
The Fordham IP Conference’s 33rd‑annual panel dissected the Unified Patent Court (UPC), covering its jurisdiction, remedies, and future trajectory. Speakers highlighted the UPC’s cross‑border injunctions and rapid judgments as major benefits, while noting challenges for small firms and pharmaceutical companies...
Human Definitions versus Biological Reality (T 630/24)
The EPO’s Board of Appeal dismissed the University of Tokyo’s appeal in T 630/24, finding that the claim’s reference to *Clostridium* clusters IV and XIVa added matter beyond the original disclosure limited to the *Clostridium* genus. The board applied the strict “gold standard”...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat’s weekly roundup surveyed pivotal IP rulings and policy shifts. In copyright, the Supreme Court’s Cox v Sony decision narrowed ISP liability to actual knowledge of infringement, while the CJEU’s Pelham II judgment clarified the EU definition of “pastiche” for...
Saturday Sundries
Several high‑profile IP events are slated for spring 2026, including the European Copyright Society’s 10th annual conference at the Château de Versailles on May 29, focusing on AI, cultural heritage and licensing. The OxFora 14th Intellectual Property and Competition Forum will...
Help Us UK Supreme Court, You’re Our only Hope (for Digital Replicas)
The UK Court of Appeal dismissed Tyburn Film Productions' claim that Lucasfilm unjustly enriched itself by digitally recreating Peter Cushing’s likeness in *Rogue One*. Tyburn argued that a 1993 agreement gave it a commercial veto right over any post‑mortem use of...
Pharma & Biotech Patent Litigation in Europe Conference Returns with IPKat Readers’ Discount
The Pharma & Biotech Patent Litigation in Europe conference returns for a two‑day session in central Amsterdam. Organisers highlight a special 10% discount for IPKat readers using code D10‑999‑IPKAT26. The agenda tackles hot topics such as cross‑border enforcement after the...
Crystal Bar: Contempt Application Against Litigant and Its Lawyers Struck Out
The High Court dismissed a contempt application filed by Bargain Busting Ltd against Shenzhen SKE Technology Ltd and its counsel, finding no public‑interest justification. The underlying dispute concerns trademark rights to “CRYSTAL BAR” for vape products, with the UK Intellectual Property...
![[Guest Post] The Well-Known Status of a Non-European Trade Mark in the EU: The Frisby Case](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjSEYYiMSTT9h5NwOocx3JOlrhKYLNauLDw5vGx-Nuh6Tx2rNeSuaLxm4K8W-nL8FrEsQEQaqvpLuoOx9wnZVqS_JrlBW0dv7JgtPzbyKJLnd4ixRLG7XVSO5Sln0yG1dRX-Qbhu9rjp3mFRLXxC5tRWe5SyfNZRDNo0yIZjBb7TSdhpZXdDJXP/s72-c/ChatGPT%20Image%20Apr%2022,%202026,%2008_35_57%20PM.png)
[Guest Post] The Well-Known Status of a Non-European Trade Mark in the EU: The Frisby Case
The Alicante Court of Appeal lifted the preliminary injunctions in the Frisby trademark dispute, finding the claimant’s survey insufficient to prove notoriety in Spain. The court held that recognition limited to the Colombian immigrant community did not meet the standard...
Champagne Problems? Punk Solutions Amyl and the Sniffers-Style
Australian punk vocalist Amy Louise Taylor filed a lawsuit against commercial photographer Jamie Nelson for selling fine‑art prints that used her name and likeness from a July 2025 Vogue Portugal shoot. Taylor alleges false endorsement under the Lanham Act and violations of...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat’s weekly roundup recapped the 33rd Fordham Intellectual Property Law & Policy Conference, where speakers highlighted WIPO’s evolving role, AI‑driven modernization of IP systems, and divergent data‑governance regulations. It also featured a deep dive into a trademark coexistence dispute...
AI in the Patent Industry: Don't Believe the Hype. Believe the Data.
Recent benchmark data from Artificial Analysis shows that leading large language models—ChatGPT 5, Claude Opus 4.6 and Gemini Pro 3.1—now achieve roughly 75% accuracy on a long‑context reasoning (LCR) test designed for patent work. By contrast, average human domain experts score only 40‑60% on the...
CJEU Delivers Pastiche-Style Judgment on … Pastiche
The EU Court of Justice issued a Grand Chamber judgment clarifying the scope of the pastiche exception under the InfoSoc Directive. It adopted an Advocate General’s definition: a work that evokes an existing piece by adopting its aesthetic language, is...
Fordham 33 (Report 5): Trade Secrets
The 33rd Fordham IP Conference featured a panel on trade secrets, highlighting their enduring relevance alongside patents. Speakers noted that while trade‑secret protection is generally easier to secure, many innovators still rely on patents for statutory monopoly rights. The rise...
Fordham 33 (Report 4): Life Sciences and Healthcare Innovation
A multinational panel at Fordham’s IPKat event dissected life‑science patent strategies across the U.S., Europe, Japan and the upcoming Unified Patent Court. Speakers highlighted how European protocol disclosures reveal methods but not results, making anticipatory rejections rare, while U.S. product‑for‑use...
Sequence Identities and Functional Definitions - Where Is the Limit? (T 0137/24)
The EPO Board of Appeal in T 0137/24 upheld a cannabis‑producing yeast patent by ruling that selecting a higher amino‑acid sequence identity from a convergent list does not add matter. The board found the claim’s functional definition of enzyme activity sufficient,...
![[Guest Post] Oh My Influencer! Italian Rules on Influencer Marketing](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJbukFTTXZ_lirnKeLQfYtdXLaQZwhq_ApfkRJlwRPzhvz75qNO61xIradk9HnPM2b9JLlvzzBGVScNdmC9KikjhE8zW_bXySI092agCrhiE1pOTyNmXq90sjPZ9zhL6iPwCg5pwjL60VdcBhmazaYo1NZZyzwkAE1koRxcdp3d6jbGwnXZX8JCg/s72-c/Screenshot%202026-04-13%20at%2021.27.09.png)
[Guest Post] Oh My Influencer! Italian Rules on Influencer Marketing
Italy has formalized influencer marketing under a multi‑layered legal regime. Effective July 24 2025, AGCOM’s Regulation No. 197/25/CONS classifies qualifying influencers as audiovisual media services, invoking the TUSMA framework. The rules demand explicit commercial disclosures, protection of minors, and strict respect for trademark...
Important Update on Australia's Flip-Flopping "Best Method" Requirement for Divisional Patent Applications
Australia’s Full Court has affirmed that the “best method” disclosure for divisional patent applications must be assessed at the date the divisional is filed, not at the parent’s filing date. The ruling in The NOCO Company v Brown and Watson...
Fordham 33 (Report 3): Top 5 Takeaways: The Global Divide in Design Protection
The IPKat‑Fordham conference highlighted a stark split between U.S. and European design‑protection regimes. In the United States, designers navigate a costly patchwork of design patents, trade dress, and copyright, while the EU offers a streamlined, low‑cost registration that can be...
Fordham 33 (Report 2): Top 5 Takeaways: Data Governance, Privacy, & Cybersecurity in an AI World
The Fordham Law data governance session highlighted how AI is upending traditional data‑management practices, demanding full traceability and new vendor oversight. Panelists compared stark regulatory splits, noting the EU’s aggressive AI legislation versus Japan’s relaxed consent rules for training data....
Fordham 33 (Report 1): Government Leader's Perspective on IP
The Fordham IP Conference’s opening session featured a panel of senior government and legal officials discussing global intellectual‑property (IP) protection in the age of artificial intelligence. Speakers from WIPO, the U.S. Copyright Office, the European Commission, Singapore’s IP Office and...
Friday Fantasies
The IPKat’s latest update highlights several key developments for IP professionals. An online lecture on plant property rights will be held on April 28, while the CIPA Future Attorneys Conference in London closes registration today. George Washington University Law School announced...
![[GuestPost] Keeping Enemies Closer: C&J Clark v TBC and Trade Mark Coexistence Agreements](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdvoEm8ikCDqvjJKZ2IGidk_yzA46o9nEjc9BKeoZPWWGZL1r6TYdYYl-OttMcbqaChjIMWXH3dAmywRWIKRqSkoe7bbUb7N6OuUzmWu4UWZTHvYvvFjqa2JHxIcNW63tzTFdBol8s_DioiWV2iVRYmyV8RLFFljIW6GYiiODL-Spb4gQLMlp6rA/s72-c/original-4984E5F9-A119-485B-89DC-76D489BE216B.jpeg)
[GuestPost] Keeping Enemies Closer: C&J Clark v TBC and Trade Mark Coexistence Agreements
The High Court in *C & J Clark International Ltd v Trek Bicycle Corp* ruled that both Clark and Trek breached their 2001 trademark coexistence agreement by venturing into each other's product categories. The judge rejected claims of oral consent...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat blog recapped a quiet week, highlighting key WTO developments from the 14th Ministerial Conference in Yaoundé. Seun Lari‑Williams noted the Multi‑Party Interim Appeal Arbitration (MPIA) is moving toward a permanent two‑tiered system, while Daniel J. Gervais warned that...
Trust Is Not Enough: German Supreme Court Tightens Liability for Google Ads
The German Supreme Court reversed lower‑court rulings and held that a retailer can be liable for unlawful Google Ads under §8(2) of the Act against Unfair Competition (UWG). The court reasoned that the retailer’s cooperation agreement with Google constitutes an...
![[Book Review] Stone on European Union Design Law: A Practitioners’ Guide](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjs0hYGhYjpEXHOc2nJb8EP288iozOaK7nlM90bfDcUXrUVAqOhOS6RY8erIzSqL2TkFniTY222qYv1sRnruTTjk38lgOw8nKRQklNs-wq8bdo2lVwRCCD3TkdV5OH3arzUQ-86reeBKy0dJar2VdE2kYX4yTrk3PIZcwq6Hj9BfYRX8E7hUbFV/s72-c/Bild1.jpg)
[Book Review] Stone on European Union Design Law: A Practitioners’ Guide
Oxford University Press released the third edition of "Stone on European Union Design Law," a 688‑page practitioner’s guide updated through January 2025. The treatise incorporates the sweeping 2024 amendments under Regulation 2024/2822 and Directive 2024/2823, as well as recent EUIPO and court decisions....
![[Guest Post] No Cultural Funding From a Collecting Society at Its Own Discretion and Not for Unauthorised Parties](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5dDwAXRPG6xR6fz7kSgLQoI-Vx8lbMvOEFeIQsVgFoFAYbvJz6hNjPbKoZHBM0AetmJCxrsTDOiQwWQE_U_TFGjw2DOJFhVOWKCzksBnSO2-SJOMqlEoSBs7thHEfLeaRu0EX_tcm9PHMTijMrducczADw3sXcELvk9TZY-OotWVujnrVSwOrnw/s72-c/81Ttl59nUrL._AC_UF1000,1000_QL80_.jpg)
[Guest Post] No Cultural Funding From a Collecting Society at Its Own Discretion and Not for Unauthorised Parties
The AG in case C‑840/24 argues that EU directives allow German collecting society VG WORT to deduct up to 10% of royalty revenues for cultural promotion, even when the funds benefit non‑rights‑holders. The Federal Court of Justice referred the matter to...
![[Guest Post] The WTO's Tale of Two Dispute Systems](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi7d71XcfP8iFrV-RMw2J8MiC0Vs2mxwAOaiPUF9QJKj5LgZCzGYl2eNGMiUPOB1KRT9aZcMspFCOiXu3LKymeJvd8FzpherV8q5-F6Uwc4TYEqCdWLhdc-pxiUZwTFIGhZVHQDBGrgcRbFToK8vpsIQV_X9yACN_h0opOhq2Kbty1maO5rMR0dwA/s72-c/A%20cat%20outside%20the%20World%20Trade%20Organization%20on%20a%20su.png)
[Guest Post] The WTO's Tale of Two Dispute Systems
The WTO’s 14th Ministerial Conference in Yaoundé downplayed dispute‑settlement reform, leaving the Multi‑Party Interim Appeal Arbitration Arrangement (MPIA) as the de‑facto appellate mechanism. Since the Appellate Body stalled in 2019, the MPIA has delivered two arbitration awards, including a landmark...
Patenting Stem Cell Therapies in the US: The Role and Risks of Product-by-Process Claims (Restem v Jadi Cell)
The U.S. Federal Circuit affirmed that product‑by‑process claims for stem‑cell therapies are novel when the underlying product itself is novel, rejecting Restem LLC’s challenge to US 9803176 covering an umbilical‑cord‑derived mesenchymal stem cell (MSC) product called JadiCell. The court interpreted the...
Is AI-IP Software Just Expensive Wrapping Paper?
The market now hosts more than 70 AI‑assisted IP software firms, most younger than two years. These companies do not build their own large language models; instead they wrap existing frontier LLMs such as Gemini, Claude, or GPT with domain‑specific...
MAN v Rolls-Royce – How Not to Advertise Your Mark
The EU General Court upheld the invalidation of MAN Truck & Bus’s “V12X” trademark, finding the mark descriptive for marine engines. The court accepted Rolls‑Royce’s evidence, including screenshots and MAN’s own marketing claims that “X” meant next‑generation, extra displacement, and excellent...
AG Emiliou Advises CJEU to Rule that OCSSPs' Authorization Under Article 17 of the DSM Directive Extends to Acts of...
Advocate General Emiliou urged the CJEU to interpret Article 17 of the EU DSM Directive as covering not only the communication right but also the reproduction right of online content‑sharing service providers (OCSSPs). He argued that storing user‑uploaded content creates a...
![[Guest Post] Wear Your Trade Mark on Your Sleeve: Sponsorship Agreements and Termination Clauses in the Football Industry](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJzJdhLr2RbI4-50qkU0wAA-oy-OjimApwZGJG9NJlSNYxh_sU32a5PssyGBN9OVyv-NwCvpuyEE0nV7pUAV7QkcpL0kWyEpsI0H7D6jDxO6xLRkdOcoktAQ5kYXeZDYysaH6Etb6l8kNt8FSUuqhioIsJeTdPcipIHgcnpPHBJm4QweQPV2SVNQ/s72-c/k5ycq14tfcr71.jpg)
[Guest Post] Wear Your Trade Mark on Your Sleeve: Sponsorship Agreements and Termination Clauses in the Football Industry
The Milan Court ruled that Inter Milan validly terminated a three‑year sleeve‑sponsorship agreement after the Cyprus‑based sponsor failed to pay, confirming the binding nature of express termination clauses under Italian law. The decision classified the deal as a fiduciary contract, emphasizing...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat weekly roundup highlights a series of cross‑border intellectual property developments. The CJEU clarified copyright subsistence for critical editions, while the EU General Court refined the genuine‑use test for local trademark users. In Australia, federal courts appear more willing...
GuestPost: The USPTO’s Climate Change Mitigation Pilot: End of a Green Fast-Track and What It Means
In April 2025 the USPTO abruptly ended its Climate Change Mitigation Pilot Programme, a fast‑track that gave climate‑focused inventions fee‑free, accelerated examination. Launched in 2022, the pilot processed 1,399 petitions and granted 898 special statuses, delivering first Office Actions in...
Australia's Extension of Time Provisions for Patents Have Their Limits (and May Soon Have More)
Australia’s extension of time (EOT) provisions for patents are praised for flexibility, but a recent Australian Patent Office (APO) decision underscores that applicants must demonstrate a genuine error or omission, not a deliberate choice, to qualify. The case of MossHydro AS...
EU and Australia Finally Reach Compromise on Prosecco GI
The EU‑Australia free trade agreement was finally signed, ending a protracted dispute over geographical indications (GIs). Australia will protect 396 EU GIs, including the Prosecco designation, while still allowing the term “Prosecco” to be used as a grape‑variety name within...
CJEU Rules that Derivative Works Enjoy Copyright Protection if They Are … Original
The CJEU affirmed that derivative works enjoy copyright protection in the EU only when they meet the originality threshold. In the Institutul G. Călinescu case, a critical edition of a 19th‑century Latin text was examined to determine if the editor’s...
Is the Tide Turning for Pharmaceutical Patent Preliminary Injunctions in Australia?
After eight years of denying pharmaceutical preliminary injunctions, Australia’s Federal Court granted two rare orders in 2025‑26, favoring originators Janssen and AstraZeneca. The court applied the traditional two‑factor test—prima facie infringement and balance of convenience—but placed greater weight on the...
UK Report on Copyright and Artificial Intelligence Published
The UK Departments for Science, Innovation and Technology and Culture, Media and Sport have released the long‑awaited Report on Copyright and Artificial Intelligence, mandated by section 136 of the Data (Use and Access) Act 2025. The report signals a hands‑off approach: no...
![[Guest Post] [Conference Report] Intellectual Property in the Gaming Industry (JDPI)](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhSrqYAFbXxoFv9cNjpxVd0o9me9yS7YejRYAS8dIttFWC1R9f0z6eW6275fBFlOOxsXuPF8oj__dDYARtNjQABMLqUbKY4mbrfjzXKplZRBsJ-2dixJM07ZAG8CPLU4J8vXbVHj6JTDEpc4afXCsBB1jDZaln3rtc_sk1Uzs25-pvV7fvScBW0Ow/s72-c/pexels-70979789-8405029.jpg)
[Guest Post] [Conference Report] Intellectual Property in the Gaming Industry (JDPI)
The University of Geneva’s JDPI 2026 conference examined intellectual property challenges in the video‑game sector, emphasizing the difficulty of classifying games as software, audiovisual works, or hybrid creations. Speakers compared EU, US, and UK approaches, noting the EU’s aggregation model...
IP Australia Opens Consultation for Reforms – Have Your Say!
On 3 March 2026 IP Australia published a consultation paper proposing wide‑ranging reforms to Australian IP law, with a focus on patents. Key patent proposals include expanding the definition of exclusive licencees, shortening opposition timelines for pharmaceutical patent term extensions, introducing fixed...
From Braunschweig to Luxembourg: When Local Hospitality Constitutes Genuine Use
The General Court dismissed the appeal in Altendorfer v EUIPO, confirming that a single steakhouse in Braunschweig can satisfy the EU trademark genuine‑use requirement for hotel and catering services when combined with a robust online presence. Haus zur Hanse demonstrated use of...