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Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

The IPKat

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

Designs 110
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Ministry of Commerce and Industry Releases Draft Amendments to the Geographical Indication Rules, 2002

SpicyIP

Three years after the 2020 amendments to the Geographical Indication Rules, 2002 , the Ministry of Commerce and Industry (MoCI) published the 2023 draft amendments on October 20, inviting objections and suggestions from the relevant stakeholders.

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The First 100 Cases at the Copyright Claims Board

Plagiarism Today

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Seven of the registrations took place before the year 2002, making them older than 20 years. Before 2002 7 2002-2020 42 2020/2021 19 2022 15.

Copyright 299
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General Court to decide whether consumables are component parts of complex products (T-617/21)

The IPKat

4(2) Design Regulation. The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. The design (to the right) depicts an electrode for a plasma- cutting torch and is registered for “Welding torches (part of -)”. In turn, the design holder argued that Art.

Art 135
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UK Court Sentences ‘Pirate’ Fire Stick Seller to Two Years in Prison

TorrentFreak

The sentencing doesn’t come as a surprise, as Kanda pleaded guilty to three charges; violating the Copyright Designs and Patents Act 1988, the Proceeds of Crime Act 2002, and Fraud Act 2006.

Reporting 104
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Illegal IPTV Streaming: Four Receive Prison Sentences Totaling 10+ Years

TorrentFreak

Reports indicated that two people – a 41-year-old man and a 30-year-old woman – had been arrested under suspicion of offenses under the Copyright, Designs and Patents Act 1988 and money laundering. To serve half sentence in custody with the remainder served on license. Confiscation Under Proceeds of Crime Act.

Licensing 144
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CJEU: law of Member State where Community design infringement took place determines applicable law to supplementary claims as well

The IPKat

Under the Community Design Regulation (EC 6/2002), an owner of a Community design right has several options when bringing an infringement case. As a primary rule, article 88(1) stipulates that the Community design courts shall apply the provisions of the Regulation on the matters covered thereby.

Designs 97