Clt Competition

CLT is running its Tenth Annual Intellectual Property Law Conference at the Cafe Royal (right), almost Piccadilly Circus inwards London's West End on Tuesday 24 January. This conference, which has a potent panel of speakers, is supported yesteryear the IPKat. Speakers at this effect include

* Gwilym Harbottle (Hogarth Chambers, left) on copyright too digital rights management inwards the historic menses of the iPod;

* Nick Reeve (Reddie & Grose), who explains the UK's novel patent exam guidelines too asks whether they are going to brand whatever difference;

* Professor Alison Firth (University of Newcastle, right) on the fun too games that become on amongst reckon to detaining suspected or actual counterfeits too fakes at the EU's ever-growing borders.

Although the normal admission cost for the 24-hour interval is £495 addition VAT, the IPKat is pleased to inform his readers at 1 of them volition hold out able to attend gratis of charge. That lucky individual volition hold out the winner of the IPKat Limerick Competition. The rules of the contest are simple. Just compose a limerick on 1 of the next iii subjects:

(i) the battle betwixt the USA too Czech breweries for command of the BUDWEISER mark,

(ii) the business office of WIPO or

(iii) the granting of patents for draw of piece of occupation organization methods.

Then ship it here. The author of whichever limerick is adjudged to hold out the best volition arrive free. When you lot ship your entry in, tin you lot confirm that you lot don't heed your entry appearing on this blog? (We don't desire to infringe our friends' copyrights). Closing appointment for entries is Thursday xix January, mid-day (Greenwich Mean Time).

Full conference programme here
More on writing limericks here too here
A famous limerick author here

Forthcoming Events: A Reminder - In Addition To A Novel Competition

here.

Right: around people intend IP conferences are a charge of fun ...

Trade Marks: up-to-the-minute legal as well as practical issues, Cafe Royal, Monday twenty February. Organised yesteryear CLT. Details here.

8th Annual Information Technology Law Conference, Jurys Hotel, Great Russell Street, Tuesday 21 March. Organised yesteryear CLT. Details here.

Copying Without Infringing, Cafe Royal, Thursday 23 March. Organised yesteryear CLT. Details here.

IPKat Competition 3: the Unauthorised Copying Haiku

's novel contest (Competition no.3) carries a prize worth £495 - gratis admission to the Copying Without Infringing conference listed above. All y'all accept to usage is to compose a haiku (see below if you're non certain what a haiku is) on a champaign of report relating to the unauthorised copying of IP-protected subject-matter.

For the purposes of this contest y'all tin strength out either write virtually infringements or virtually copying that falls inside the range of a legal defence. Closing appointment for entries is Thursday nine March 2006, 12pm GMT. Please ship your entries hither yesteryear email (you tin strength out instruct into every bit many times every bit y'all like).

What is a haiku? Click here
How to write a haiku here and here

Limerick Competition: The Results

had a difficult fourth dimension choosing, but the winner of the IPKat limerick competition, who gets a gratuitous house at CLT’s Tenth Annual Intellectual Property Law Conference at the Cafe Royal, some Piccadilly Circus inwards London's West End on Tuesday 24 January.is Rory Ewins of Edinburgh University. Here is his winning entry:

The businessman's boy wasn't dense,
So he hammered a sign to the fence
(Having seen from his dad
All the patents he had):
"For sale: how to sell things, 10 pence."

In minute house is Richard English linguistic communication of RETraining amongst his Budweiser ditty (which technically was comprised of four limericks):

It’s disgraceful that Anheuser Busch
Have the brazen-faced cheek right away to push
Their rice-water swill
(Which makes me quite ill)
So pleasing they roughshod on their tush.

When they tried it inwards our Sceptred Isle
And took the Czech Budvar to trial,
The Law Lords decided
That Busch were misguided
And their Action only wasn’t worthwhile.

So right away if you lot inquire for “Budweis”
In England you’ll direct if you're wise
The existent materials from Czech
To pour downwards your neck,
Not that fizzy muck gourmets despise.

So heighten upward your drinking glass to the Lords
Give praise that they saw though the frauds
Of Yankee big money
Making drinkers’ lives sunny -
(Puts drinking glass downwards as well as loudly applauds).


In articulation 3rd house are Graeme Fearon of Thring Townsend as well as Daryl Penny of Boult Wade Tennant

Graham wrote:


A challenger proposed yesteryear the Kat,
ent-ailing droll verses an' that,
meant risking your neighbours assessing your labours
as infringing their newly-granted,
valid as well as subsisting "Method forcomposition of a 5-line metrical construction amongst rhyming system AABBA"business method patent".

While Daryl’s submission went similar this:

There was an attorney from Dunn,
Who could patent all nether the sun.
He had such a skilful touch
With excluded matter, every bit such,
He would file trace concern methods for fun.

sends a m thank-yous to all who entered. They were all jolly skilful as well as you lot didn’t instruct far tardily for him. Those who weren’t lucky plenty to win tin give the axe withal mass to instruct the conference yesteryear contacting CLT

Trade Score Run Inwards Singapore; Clt Limerick Contest - Latest News

announced its limerick competition, the prize beingness gratis entry to the CLT Tenth Annual Intellectual Property Law Conference at the Cafe Royal, nigh Piccadilly Circus inwards London's West End on Tuesday 24 January. Well, the Kat has received to a greater extent than or less fantabulous verses but reminds you lot that there's nevertheless almost a calendar week till the closing appointment of Thursday xix January, too then but proceed those rhymes rolling inwards ...


Some entrants from inside the professions convey commented that the fourth dimension spent writing limericks has had an adverse touching on their billing. Merpel says, "If you're every bit creative inwards your billing every bit you lot are inwards your poetry, you lot shouldn't convey whatever occupation inwards making skillful the loss".

CLT conference programme here

A Quickie From The Cfi; It Conference - Together With A Competition!

En vitessse - un quickie

Bonjour, mes braves, dit l'IPKat. Aujourd'hui nous avons ce jugement, que n'est pas traduit en anglais: c'est l’affaire T-74/04 Société des produits Nestlé SA contre l'Office de l’harmonisation dans le marché intérieur, Quick restaurants SA.

Nestlé sought to register, equally a Community merchandise mark, the QUICKY rabbit (above, right: in the CFI transcript the rabbit grade is accompanied yesteryear the subscript give-and-take "QUICKY") for goods inward Classes 29, xxx as well as 32. Quick Restaurants opposed, citing before Benelux (and other) registrations inward Classes 29, 30, 32, 33 as well as 42 of its ain Quick signs (left) as well as of the give-and-take grade QUICKIES inward Classes 29, xxx as well as 42. Influenza A virus subtype H5N1 likelihood of confusion nether Art.8(1)(b) of Regulation 40/94 was alleged.

The Opposition Division upheld the opposition inward observe of numerous goods as well as services as well as Nestlé, having appealed unsuccessfully to the Board of Appeal, tried its luck amongst the Court of First Instance - which dismissed the appeal. On the similarity of the respective marks the CFI had this to say:

"49 ... il convient d’analyser la similitude visuelle entre les éléments verbaux QUICKIES et QUICKY, puis, au cas où une telle similitude serait constatée, de vérifier si l’élément graphique ou figuratif additionnel, propre à la marque demandée, est susceptible de constituer un élément de différenciation suffisant pour écarter l’existence d’une similitude visuelle des signes en conflit aux yeux du world de référence .... En d’autres termes, il est nécessaire de déterminer si, d’un dot de vue visuel, le dessin du lapin constitue l’élément dominant de la marque demandée, c’est-à-dire domine à lui seul l’image que le world pertinent garde en mémoire, ou si, au contraire, il est un élément distinctif d’intensité égale ou inférieure à l’élément verbal constitué par le mot « quicky ».

50 Les éléments verbaux QUICKIES et QUICKY présentent incontestablement une similitude sur le innovation visuel. En ce qui concerne l’importance qu’il convient d’accorder au dessin du lapin comme élément de différenciation entre les deux signes en conflit, celui-ci ne saurait constituer l’élément dominant dans l’impression d’ensemble produite par la marque demandée, au dot que l’élément verbal QUICKY en deviendrait négligeable. En effet, lorsqu’une marque est composée d’éléments verbaux et figuratifs, les premiers sont, en principe, plus distinctifs que les seconds, auto le consommateur moyen fera plus facilement référence aux produit en crusade en citant le nom qu’en décrivant l’élément figuratif de la marque ... Par ailleurs, l’élément verbal QUICKY n’est pas écrit en petits caractères et sa représentation graphique fit à la largeur du dessin du lapin. En outre, il occupe, dans la marque demandée, une house aussi importante que le dessin, puisqu’il est placé de façon très visible, immédiatement sous le dessin.

51 Ensuite, il y a lieu de relever que l’élément figuratif de la marque demandée, à savoir le dessin d’un lapin, pourrait être perçu par le world davantage comme un élément décoratif de l’étiquette des produits désignés que comme le signe indiquant l’origine des produits. En effet, comme la requérante l’a admis lors de l’audience en réponse à une enquiry du Tribunal, l’utilisation d’un creature jovial et animé, par exemple un dinosaure ou un lapin ressemblant à un personnage de dessin animé, est un procédé qui est utilisé par les fabricants de produits alimentaires pour capter un world jeune, notamment les enfants. Cette utilisation fréquente de différents animaux pour ce type de produits a pour conséquence une banalisation de leur usage et de leur caractère distinctif, lequel, ce faisant, tend à être considérablement diminué".

According to Babelfish this means:

"49. ... it is advisable to analyze the visual similarity betwixt verbal elements QUICKIES as well as QUICKY, then, if such a similarity would endure noted, to banking enterprise check if the chemical constituent graphic or figurative additional, specific to the required mark, constitutes a sufficient chemical constituent of differentiation to describe aside the existence of a visual similarity of the signs inward conflict to the eyes of Blue Planet of reference ... In other words, it is necessary to determine if, from a visual dot of view, the drawing of rabbit constitutes the chemical constituent dominating of the required mark, i.e. dominates amongst him alone the paradigm that the relevant world keeps inward memory, or if, on the contrary, it is a distinctive chemical constituent of intensity equal or lower than the verbal chemical constituent consisted the give-and-take "quicky".

50. Verbal elements QUICKIES as well as QUICKY incontestably introduce a similarity on the visual level. With regard to the importance which it is advisable to attach to the drawing of rabbit similar chemical constituent of differentiation betwixt the 2 signs inward conflict, this ane could non flora the chemical constituent dominating inward the overall impression produced yesteryear the required mark, thus much thus that verbal chemical constituent QUICKY would move negligible most it. Indeed, when a grade is made upwardly of verbal as well as figurative elements, the root are, inward theory, to a greater extent than distinctive than the seconds, because the average consumer volition to a greater extent than easily refer to the production inward enquiry yesteryear quoting the lift than yesteryear describing the figurative chemical constituent of the grade ... In addition, verbal chemical constituent QUICKY is non written inward pocket-size characters as well as its nautical chart corresponds to the width of the drawing of rabbit. Moreover, it occupies, inward the grade requested, a house equally of import equally the drawing, since it is placed inward a real visible way, straight off nether the drawing.

51 Then, it is necessary to heighten that the figurative chemical constituent of the required mark, namely the drawing of a rabbit, could endure perceived yesteryear Blue Planet to a greater extent than similar a decorative chemical constituent of the label of the indicated products that equally the sign indicating the origin of the products. Indeed, equally the applicant ane admitted at the fourth dimension of the audience inward answer to a enquiry of the Court, the operate of a jovial as well as animated animal, for instance a dinosaur or a rabbit resembling to a grapheme of animated drawing, is a procedure which is used yesteryear the manufacturers of foodstuffs to collect a immature public, inward item the children. This frequent operate of diverse animals for this type of products has equally a resultant a vulgarizing of their operate as well as their distinctive nature, which, yesteryear doing this, tends to considerably existence decreased".

is anxious that he has missed something as well as real much hopes that his friends volition right whatever errors yesteryear posting a Comment below. Merpel, having conducted a brief tour of the internet, wonders whether the existent employment amongst the rabbit is that Nestlé seems to operate it inward thus many unlike poses ...

See likewise Case T-348/02 Quick Restaurants SA v OHIM, a instance that was translated into English linguistic communication thus long later it was initially decided that the IPKat forgot to send on looking for it.


IT Conference Reminder

CLT's eighth Annual Information Technology Conference (full programme here) takes house on Tuesday 21 March at Jurys Great Russell Street Hotel, London. There's a rigid cast of speakers, including

* Jon Fell (Pinsent Masons, right) on recent e-commerce developments as well as administration of online risk;

* the ever-popular Robert Carolina (Origin Ltd) on how the U.S. rule impacts on information technology contracts;

* Andres Guadamuz, the celebrated TechnoLlama (left), tackles software patenting issues on both sides of the Pond as well as asks what it all way to us mere mortals;

* contender constabulary guru Christopher Stothers (Milbank Tweed, Hadley & McCloy) on the aftermath of Microsoft v European Commission and

* David Morris (Slaughter as well as May), asking how far database protection encroaches into our daily IP existences.

And here's IPKat Competition no.4: SPOT THE FISH. The winning prize - gratuitous admission to the conference (that's worth £495 plus VAT, if yous pay it).


This is a ikon of Jesus distributing closed to loaves as well as fish. has no employment amongst the loaves - merely he can't notice the fish. To move inward the competition, delight grade the spot on the motion-picture present where yous recall the fish ought to be, thus provide it to the IPKat at this address. The best entry wins!

Competitions Galore!!

competition to win gratuitous admission to CLT's tenth Annual Intellectual Property Law Conference, Cafe Royal, adjacent Tuesday 24 January (details of contest together with conference here). IF the IPKat hasn't acknowledged your entry, tin yous delight re-send it? This because, when he was deleting a pile of what appeared to live junk postal service from his Yahoo! trash can, the Kat noticed the give-and-take "Limerick" flash across his path of vision every bit an e-mail subject-line, simply every bit the putative junk was irredeemably eliminated.


here).

The conference organisers accept simply published a press release, which reads every bit follows:

Intellectual Property leaders unite to choose offset inductees into Hall of Fame

The offset inductees into the IP Hall of Fame are to live announced at a gala dinner to live held inwards London on seven Feb 2006. Organised past times Intellectual Asset Management periodical (IAM) together with leading IP administration specialist CPA, the lawsuit volition honour those who accept made an outstanding contribution to intellectual property.

Joff Wild, the Editor of IAM magazine, says: "Intellectual belongings is instantly widely seen every bit a employment concern asset of pivotal importance. Our aim is non alone to admit the vital business office played past times both individuals together with organisations inwards developing today's vibrant IP environment, together with inwards ensuring its continued health, but also to present how fundamental IP is to the global economic scheme together with to the well-being of people roughly the world."

Maria Parker, Head of Global Marketing at CPA explains: “The Hall of Fame concept was developed during CPA together with IAM’s collaboration on IP Review Live, a conference taking house inwards London on 7/8 Feb 2006, which is aimed at demystifying IP every bit a employment concern asset. Researching the conference confirmed to us that at that spot are many individuals together with organisations who accept contributed greatly to the evolution of IP, but whose business office all also oftentimes goes unnoticed exterior the IP arena.”

Over the lastly few months, a squad of a panellists made upwards of leaders from employment concern together with the police accept produced a listing of nominees who they experience accept made an outstanding contribution to IP. The panellists are instantly inwards the terminal stages of voting for the individuals that volition finally live inducted into the Hall of Fame. The results volition live made populace at the dinner on seventh February.

The panel of eighteen experts, chaired past times Joff, are all meaning figures inside intellectual belongings together with accept broad noesis of, together with experience in, the employment concern of IP. They include Todd Dickinson, electrical flow caput of IP at General Electric together with a old Commissioner of the United States of America Patent together with Trademark Office; Anne Gundelfinger, the President of the International Trademark Association (INTA) together with Vice President & Associate General Counsel at Intel Corporation; Ciaran McGinley, Head of the President's Office at the European Patent Office inwards Munich;and Melvin Garner, the President of the American Intellectual Property Law Association (AIPLA). The total listing of panellists tin live constitute below. Each of the experts was asked to choose 5 individuals who they felt merited a house inwards the IP Hall of Fame together with to explicate why. Influenza A virus subtype H5N1 short-list was together with then compiled, from which the terminal choice is instantly taking place.

The IP Hall of Fame volition buy the farm along to welcome novel inductees on an annual basis. CPA together with IAM also plan, post launch, to railroad train an IP Hall of Fame online museum together with resources centre, designed to brand intellectual belongings issues to a greater extent than accessible to the full general population.

here) this April, accept kindly agreed to offering a re-create every bit a prize for silent some other IPKat competition. This fourth dimension the contest is a creative 1 - tin yous conjure upwards a actually punchy advertising slogan to propose that (i) it's cooler to drive a Nissan than a BMW, or that (ii) people should celebrate major events inwards their lives past times drinking tea inwards preference to Champagne, or that (iii) the house to dine out at is KFC, non Maxim's. You tin teach inwards the contest every bit many times every bit yous similar betwixt instantly together with 10 April: simply ship your slogans here. The best volition live published (assuming that they're non actionable ...)

If yous desire farther data almost publication of Trade Marks at the Limit, simply e-mail IPKat co-blogmeister Jeremy here. If you're on his "information list", or if yous purchase the mass straight from the publisher's website, you'll teach a 10% discount.

Some Reminders; Haiku Comp; Side Yesteryear Side Week's Ecj Menu

Sole Practitioners/Small Practitioners Meeting

here.

Right: minor practitioners enjoying the benefits of professional person cooperation as well as support.


Haiku Competition

Enter IPKat Competition no.3 (details here) as well as you lot tin win complimentary admission to CLT's Copying Without Infringing one-day conference on 23 March 2006. All you lot convey to do is to compose a haiku on a dependent area relating to the unauthorised copying of IP-protected subject-matter. You tin either write nearly infringements or nearly copying that falls inside the orbit of a legal defence. Closing engagement for entries is Th 9 March 2006, 12pm GMT.

It seems to the IPKat that haikus are posing to a greater extent than of an intellectual challenge than did limericks or truthful cat captions. Merpel adds, the fewer the divulge of words involved, the to a greater extent than reluctant are lawyers to instruct involved inwards it!


Forthcoming ECJ attractions

Next Tuesday, 14 February, the European Court of Justice is hearing arguments on a reference for a preliminary ruling yesteryear the Østre Landsret, Denmark. inwards Case C-479/04 Laserdisken ApS v Kulturministeriet. The ECJ has been asked to consider only ii questions:

1.Is Article 4(2) of Directive 2001/29 on the harmonisation of sure enough aspects of copyright as well as related rights inwards the data lodge invalid?

Note: Article 4(2) reads: "The distribution correct shall non endure exhausted inside the Community inwards honor of the master copy or copies of the work, except where the get-go sale or other transfer of ownership inwards the Community of that object is made yesteryear the rightholder or amongst his consent".

2.Does Article 4(2) of the same Directive prevent a Member State from retaining international exhaustion inwards its legislation?

The minute query is aimed at clarifying whether a Member State wishing to accord greater weight to liberty of facial expression as well as citizens' access to cultural goods than to the want to protect national rightholders against contest may derogate from Article 4(2).


On the same 24-hour interval the Advocate General gives his Opinion inwards Case C-169/05 Uradex. This is a reference from the Belgian Court of Cassation on the interpretation of Article 9(2) of Council Directive 93/83 on the coordination of sure enough rules concerning copyright as well as rights related to copyright applicable to satellite broadcasting as well as cable retransmission. The reference deals amongst (i) the extent of the powers of a collecting lodge which is deemed to endure mandated to deal the rights of a copyright possessor or holder of related rights who has non transferred the management of his rights to a collecting lodge as well as (ii) the practice of the correct to grant or spend upward say-so to a cable operator for cable retransmission.


On Th 16 February at that spot are likewise hearings inwards ii appeals brought yesteryear Storck inwards honor of its sweet-wrappers: Cases C-24 as well as C-25/05 Storck v Office for Harmonisation inwards the Internal Market. doesn't concur out much promise of these marks achieving CTM status, distinctive grapheme as well as consumer recognition existence major barriers inwards situations such every bit this.

A Vino Listing Together With 2 To A Greater Extent Than Conferences

Commission publishes sub-national names list

The European Commission's Official Journal OJ C 19/11 has today published a 20-page listing of names of geographical units smaller than the Member State equally referred to inwards Article 51(1) of Council Regulation 1493/1999 on the mutual arrangement of the marketplace inwards wine. This listing relates to the names of tabular array wines alongside geographical indications.


Copying without infringing ...

On Thursday 23 March CLT is running a one-day conference at the Cafe Royal inwards London's Regent Street: it's championship is 'Copying Without Infringing: Fair dealing or fair stealing?' in addition to it looks at how far i tin sack role someone else's IP rights without their permission without making themselves legally liable for that use.

Speakers are Lionel Bently (Herchel Smith Professor of Intellectual Property Law, Cambridge), Gillian Davies (Hogarth Chambers), Martin Howe QC (8 New Square), John Hull (partner, Eversheds, right), Jennifer Pierce (partner, Charles Russell, left), Timothy Pinto (Taylor Wessing), Christopher Stothers (Milbank, Tweed, Hadley & McCloy, London) in addition to Paul Walsh (partner, Bristows).

There volition last some other IPKat competition, the prize beingness gratuitous admission for the twenty-four hr catamenia (plus tasty lunch, of course). Details of the contest volition last announced inwards due course. Full details of the programme in addition to booking flat here


... but if you lot prefer Information Technology Law ...

... in addition to hence there's a CLT programme, too backed past times the IPKat, that mightiness only involvement you. On 21 March 2006, this fourth dimension at Jurys Great Russell Street Hotel, London, is the eighth Annual Information Technology Law Update. Topics covered include

* software patenting inwards the US, the United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland in addition to Europe;

* the battle betwixt Microsoft in addition to the European Commission;

* protection of personal information in addition to commercial databases;

* IT contracts in addition to the growing deport upon of U.S. regulation.

Without opposable thumbs, the IPKat is somewhat
limited inwards his pick of IT scientific discipline ...

As usual, at that spot volition last an IPKat contest alongside gratuitous entry to the day's programme equally the prize for the deserving winner. Watch this infinite for farther details.

Another Bad Twenty-Four Hr Menses For The English Language; Limerick Contest - A Reminder

Limerick Competition. Remember, the prize is gratuitous entry to CLT's 10th Annual Intellectual Property Law Conference side yesteryear side Tuesday, 24 January, at London's rather comfy Cafe Royal. While the IPKat has received roughly fantabulous entries too thus far (all, however, printable), he'd dearest roughly to a greater extent than of the same. So, if yous haven't yet entered, now's your chance! Best entries volition move published on this rattling blog.

How to win competitions here and here
How to lose competitions here (why did yous look?)