Let us start with a little quiz. For which concept(s) of trade mark law are the following conditions relevant: A reputation of the earlier mark, a link between the earlier mark and the contested trade mark and free-riding on the
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The IPKat covers developments and case law in intellectual property law, including patents, trademarks, copyright, and related procedural issues. It discusses judicial decisions from various jurisdictions such as the Federal Court of Australia and the European Union courts, focusing on topics like patent validity, genuine use of trademarks, confidentiality in patent law, and copyright protection boundaries. The blog also highlights events and webinars relevant to IP practitioners. Published by The IPKat, it provides updates on legal standards, interpretations, and practical implications in the field of intellectual property.
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UK eyes unitary plant variety right with the EU
The UK is negotiating a sanitary and phytosanitary (SPS) agreement with the EU, which seeks to ease the trade and movement of plants and other products. The latest update tells us that the SPS agreement may provide the option to…
The risk of unclear contract terms and evidentiary deficiencies to entitlement claims
Contracts play a critical role in clarifying the
ownership and transfer of IP, but frequently define the IP with reference to
broad and non-specific terms. A recent Australian Patent Office decision in
ThermoChem Recovery International Inc. v FULC JV LLC…
[Guest post] I hoped you’d like (culture) jamming too: ODEE, Samherji and the ECtHR
The IPKat has received and is pleased to host the following guest contribution by Katfriend Alberto Godioli (University of Groningen), discussing the interplay between copyright protection and freedom of expression in the aftermath of the 2025 decision of the High…
Nuances of divisional patent practice in Australia and New Zealand
A recent opposition decision by the New Zealand Patent
Office in Resmed Pty Ltd v Fisher & Paykel Healthcare Limited [2026] NZIPOPAT 6
provides a useful reminder of how divisional patent practice in New Zealand differs from that
in Australia,…
Life Science Legal Strategy Summit relocates to Frankfurt with IPKat discount on Early Bird rate
Kat-approved networkingThe Katfriends at Kisaco Research wish to inform IPKat readers that the Life Science Legal Strategy Summit is relocating to Frankfurt for 2026, taking place at the Frankfurt Marriott Hotel on 13-14 October. The agenda is available here.Now in…
[Guest post] Retromark Volume XVIII: the last six months in trade marks
Darren Meale of Simmons & Simmons presents the eighteenth volume of his rundown of notable trade mark cases over the past six months:Retromark Volume XVIII: the last six months in trade marksby Darren MealeWe’re back with another bumper volume of…
Is adverising with lawyer rankings lawful?
If you are a lawyer, chances are you have at some point submitted a form with publishable and confidential matters you have handled to a legal directory, invited colleagues and clients to recommend you, recommended colleagues yourself or proudly displayed…
Australian court orders withdrawal of patent applications prior to publication
In a recent interlocutory decision in EOS Defence
Systems Pty Limited v Pahlavani [2026]
FCA 688, the Federal Court of Australia ordered the withdrawal of a PCT
application and associated provisional application before publication. This
unusual decision highlights the importance…
SHEIN v Temu: Proving copyright ownership, and platform liability
In 2023, two members of the SHEIN group of companies issued proceedings against the newcomer of the e-commerce world, Temu. Temu was relatively unknown in the UK at the time, having only launched there in April 2023. Its aggressive pricing,…