Has the busy end-of-year schedule kept you away from your IP reading? Fear not, here is your perfectly curated digest of the essential news you might have missed!
| Under the magnifying glass: The IPKat scrutinises this week’s key news. |
Copyright
Eleonora Rosati broke down the CJEU’s long-awaited judgment in Mio/konektra. She explained that while the Court confirmed originality is the sole requirement for copyright protection of works of applied art, it introduced a new "recognizability" element to the infringement test, which may create practical challenges for courts and litigants in the future.
Designs
Katfriends [Henning Hartwig](https://www.bardehle.com/en/te…
Has the busy end-of-year schedule kept you away from your IP reading? Fear not, here is your perfectly curated digest of the essential news you might have missed!
| Under the magnifying glass: The IPKat scrutinises this week’s key news. |
Copyright
Eleonora Rosati broke down the CJEU’s long-awaited judgment in Mio/konektra. She explained that while the Court confirmed originality is the sole requirement for copyright protection of works of applied art, it introduced a new "recognizability" element to the infringement test, which may create practical challenges for courts and litigants in the future.
Designs
Katfriends Henning Hartwig, Alexander Bulling, Sabine Kossak, and Philipe Kutschke critiqued the Commission’s proposal for the codified EU Designs Regulation. They flagged a concerning and apparently unjustified change in the wording of Article 11 regarding the "degree of freedom of designers", arguing that this linguistic shift creates significant legal uncertainty regarding the scope of protection.
**Patents and Plant Varieties **
Rose Hughes analysed the UPC Court of Appeal’s decision in Amgen v Sanofi, noting that while the court overturned the first instance revocation on inventive step, it largely aligned with the EPO’s approach to sufficiency for broad functional antibody claims. She highlighted the court’s distinction between a mere "hope to succeed" and a "reasonable expectation of success", confirming a harmonised standard for antibody inventions in Europe.
Jocelyn Bosse unpacked the European Commission’s new study on IP and agricultural biotechnology. The post examines the delicate balance between patents, which incentivize investment in New Genomic Techniques (NGTs), and Plant Variety Rights (PVRs), which ensure breeder access, warning that the rise of NGT patents could shift market dynamics and impact the diversity of available varieties.
Claire Gregg reported on a seismic shift in Australian patent law following the Full Federal Court’s decision in Otsuka v Sun Pharma. The court ruled that formulation patents are no longer eligible for Patent Term Extensions (PTE), a decision that overturns 35 years of established practice and places many existing and future extensions in jeopardy.
IP Events and Opportunities
Claire Gregg wrapped up the week bringing news of the launch of the EU’s new protection system for Craft and Industrial Geographical Indications (CIGIs). She also covered the US Supreme Court’s intervention regarding the Director of the Copyright Office, alongside a host of upcoming events from CIPA and WIPO, and calls for papers for the 2026 ISHTIP and ATRIP congresses.
Image credit: Gemini AI
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