What a week for the IPKat — filled with stories about copyright infringement tests under scrutiny, a co-writing lawsuit reaching an amicable resolution, toy bricks in legal limbo, a public transit melody overcoming legal challenges, and the statistics everyone loves. Here’s the gist, ready for you:
Copyright
With all eyes on the CJEU’s upcoming judgment in Mio/konektra, C-580/23 and C-795/23, Eleonora Rosati offered a critical perspective on the Advocate General’s opinion and argued that the CJEU should retain the originality-based copyright infringement test rather than adopting a recognizability approach.
A story with a happy ending: Katfriend Georgia Jenkins reported on the joint authorship dispute between Missy Elliott and Terry Williams, which was settled just before jury selection.
Designs
Brick by brick, Marcel Pemsel broke down the CJEU’s preliminary ruling in LEGO, C-211/24, which clarified the concept of the “informed user” for modular systems and considered whether “special reasons” under Art. 89 CDR allow courts to avoid injunctions when only a small proportion of a larger modular set is infringing.
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Graphic by Riana Harvey |
Trade Marks
Sound marks are rare, making the case law about them even more interesting. Katfriend Edoardo Cesarini covered the EU General Court’s judgment in Berliner Verkehrsbetriebe (BVG), T-288/24, which held that even a short jingle can meet the distinctiveness requirement for trade mark registration.
Global Innovation Index
For those who love numbers, Verónica Rodríguez Arguijo highlighted the release of the Global Innovation Index (GII) 2025, published by WIPO and the Portulans Institute under the theme “Innovation at a Crossroads”.
IP Events and Opportunities
Keeping us tuned to the latest IP events, Jocelyn Bosse rounded up the week’s news, covering upcoming webinars and lectures on AI, copyright, and traditional knowledge, regulatory consultations in Canada and Australia, WIPO’s Agrifood Patent Landscape Report, and recent USPTO developments.