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

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Kliment Markov

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Jan 21, 2026, 1:57:15 PM (14 hours ago) Jan 21
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Never Too Late: If you missed the IPKat last week!

2026 is well underway. Missed IPKat last week? Here’s your catch‑up:

Graphic by Riana Harvey
Copyright

Söğüt Atilla‑Aydın walked us through a recent Ninth Circuit case on tattoos and photographs in which a judicial concern about the intrinsic copyright infringement test has been raised.

Patents and SPCs

Rose Hughes reviewed the G 1/25 referral and the main amicus curiae arguments on whether description adaptation should be mandatory after claim amendments.

Rose also covered a recent referral to the CJEU questioning whether Santen’s first authorisation test applies to SPCs for veterinary products when the active ingredient was previously authorised for human use.

Claire Gregg examined how clinical trial disclosures can affect patent validity in Australia, in light of the recent EPO Board of Appeal decision in T0883/23.

Trade Marks

Marcel Pemsel reported on the CJEU reference MPM-QUALITY (C-693/25), which asks whether the five-year acquiescence period under EU trade mark law stops or restarts when an earlier national mark is wrongfully cancelled and subsequently re-registered, and how this interacts with national limitation periods and prior-user rights.

Artificial Intelligence


Katfriend Natalia Basałaj reviewed the EU’s first draft of the Code of Practice on Transparency of AI-Generated Content, focusing on new rules for labelling AI‑made materials and the plan for a single EU‑wide AI icon.

Katfriend Daan Breuking discussed whether AI-generated output may qualify for copyright or EU design protection, considering the recent CJEU decisions in Mio/konektra and Deity Shoes.

News and Events

Marcel Pemsel informed us about key upcoming events, developments, and news, including a series of IP-focused lectures and webinars, record EUIPO trademark and design filings for 2025, the UKIPO’s 150th anniversary celebrations, and Grenada joining the Madrid Protocol. 
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