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Of Birds Together With Blackberries; Waive Bye-Bye To Privilege

Of Birds in addition to BlackBerries

Contrary to what he had previously feared, the IPKat has industrial plant life the judgment of Mr Justice Pumfrey inwards Research In Motion U.K. Ltd. v Inpro Licensing SARL [2006] EWHC 70, sitting in that place in addition to quietly minding its ain line of piece of occupation concern on the BAILII website.

An before press unloose from solicitors Bird & Bird, issued on the 24-hour interval of the judgment, read:

"We accept been representing T-Mobile inwards their patent dispute relating to the provide of Blackberrys against Inpro Licensing. The determination from the High Court has but been handed downwards invalidating Inpro's U.K. Patent. [...] The amount text of the judgment won't live on available to the populace but we'd live on solely likewise happy to verbalize yous through the case. Please produce non hesitate to larn far touch".

notes that the text of the judgment has been 'redacted' (that seems to live on the polite discussion for 'censored'), but the bits that accept been snipped out don't appear to live on the bits that hash out the law. Merpel asks, er, how produce yous know? You tin halt solely encounter the bits that are there!


Waive bye-bye to privilege

Mayne Pharma Pty Ltd in addition to some other v Debiopharm SA in addition to another, some other Patents Court determination of Mr Justice Pumfrey, came out final Friday. It's non on BAILII but was noted both past times All England Direct and Lawtel.

Mayne sought revocation of 4 of Debiopharm's patents relating to the production of a pharmaceutical production used inwards the handling of cancer, claiming that they were non novel. Debiopharm sought disclosure of documents relating to experiments carried out inwards the work-up to the champaign of study affair of a Notice of Experiments position inwards past times Mayne, contestation that the service of the Notice of Experiments waived whatever legal professional person privilege that mightiness otherwise inwards abide by of the work-up experiments in addition to bar their disclosure.

Pumfrey J took the take in that the reach of whatever waiver of legal professional person privilege inwards the work-up experiments resulting from the service of a Notice of Experiments was a inquiry of fact. In this case, it had been waived. Evidence of experiments that had genuinely been carried out was of a unlike guild to experts' prove or opinion: beingness essentially factual it could serve every mo a fixed signal against which experts mightiness live on assessed in addition to was therefore potentially superior to the thought of experts, nonetheless cogent their prove mightiness be. Once discovery was served which disclosed their existence, whatever privilege inwards them was waived.

is pleased amongst this effect in addition to wonders how the direction of jurist would live on served past times allowing privilege to live on preserved inwards situations such every mo this. Merpel says, is it but my imagination, or are the respective parties' logos somewhat familiar?

Copy Store Possessor Shopped

The Gainesville Times reports on a copyright infringement illustration beingness brought against a Los Angeles re-create store possessor (that's possessor of a photocopying emporium for the IPKat's English linguistic communication readers). It is alleged that Kenneth Roberts, president of Custom Copies, copied xx industrial plant inwards the assort of course of study packs for University students without seeking a licence from the publishers of the works. Roberts’ lawyer argues that he routinely pays copyright royalties together with whatsoever missed payments were downwards to a mistake, rather than an get to defraud the copyright owners.

is split upwards on this case. On the 1 mitt it’s crude oil to become afterward the re-create store owner, rather than the people commissioning the copies, exactly on the other mitt he is the 1 who has chosen to become into an manufacture that makes coin from copying together with and then should (arguably) receive got to demeanour the risks that become alongside this.

Copyright Heresy; The Cease Of Kiss-And-Tell?

today suggests that legal actions brought yesteryear celebrities for infringements of their rights of privacy are edging defamation out every bit the favoured agency of protecting against unwarranted "kiss-and-tell"-type intrusions on their individual lives. This is non surprising, says the IPKat. Defamation exclusively industrial plant if data that is published turns out to endure faux in addition to has pejorative connotations to it. Breach of confidence (or invasion of privacy, every bit the press prefer to telephone telephone it) is a movement of activity whether the data brought to low-cal is truthful or false, in addition to then long every bit the intrusion on the celebrity's personal life is unwarranted in addition to cannot endure justified yesteryear whatever countervailing populace interest.

The article discusses the prospects for actress Francesca Annis, who is objecting to revelations concerning her human relationship amongst one-time lover Ralph Fiennes, likewise every bit the activity late brought yesteryear Canadian folk vocalizer Loreena McKennitt (left). Last Dec McKennitt sued her one-time friend Niema Ash for breach of confidence over publication of her book, Travels amongst Loreena McKennitt: My Life every bit a Friend. In his ruling Mr Justice Eady held that non exclusively were readers non entitled to know everything virtually celebrities but that newspapers could non justify publication exactly yesteryear citing an accusation of hypocrisy.

McKennitt v Ash: the gospel according to lawyers from Farrer & Co, Carter-Ruck in addition to Berwin Leighton Paisner.

Another Advocaat Case

presents a decision from the Trade Marks Registry, concerning ane of the merchandise grade lawyer’s favourite tipples – Keeling’s Advocaat. House of Townsend applied to register a device grade inwards the course of didactics of a label containing the words KEELING’S ADVOCAAT PRODUCE OF HOLLAND MADE FROM FRESH GRADE ‘A’ EGGS PRODUCED FOR H. KEELING & CO RED DUSTER as well as diverse figurative elements for wines, spirits as well as liqueurs inwards Class 33. JMV Jose Maria Vieira opposed the mark, based on its registration of the give-and-take grade FEELINGS for alcoholic beverages inwards Class 33 as well as citing a likelihood of confusion nether s.5(2)(b) of the Trade Marks Act 1994. In controversy that in that location was no likelihood of confusion, House of Townsend pointed out that it had been using its grade for over thirty years, land the opposing grade had alone been set into piece of job nineteen years subsequently House of Townsend began to piece of job its label mark.

Warnick's Advocaat, which outset brought Townsend's Advocaat to the attending to merchandise grade lawyers

The opposition was rejected:

*The goods were identical. Townsend’s wines, spirits as well as liqueurs were included inside Vieira’s registration for alcoholic beverages.

*The reputation of the before merchandise grade was an of import consideration when making a determination nether Section 5(2) of the Act. Although the give-and-take FEELING was non an invented word, it had sufficient inherent distinctiveness to title it to a reasonable grade of protection.

*Visually, Vieria’s grade was a evidently give-and-take mark, which House of Townsend’s grade was a complex label mark. However, the give-and-take KEELING’S was the distinctive as well as dominant element of House of Townsend’s mark. Both words were 8 letters long as well as had the same in conclusion 7 letters. However, KEELING’S had an apostrophe, as well as the peculiarly of import outset letters of the ii marks were different. Thus, the marks shared a grade of similarity, but the departure betwixt the initial letters would non live on overlooked.

*There was a grade of aural similarity because of the shared 7 letters as well as the identical length of the ii marks, but this was mitigated past times the departure inwards the outset letters of the ii marks. While the goods mightiness bring been ordered orally (e.g. pubs as well as bars), a visual inspection of the bottles containing the goods prior to the fellowship existence placed was likely. This visual inspection reduced the likelihood of aural/oral confusion.

*Conceptually, the marks were quite different. Vieira’s FEELING grade would trigger ane or to a greater extent than of the lexicon meanings of the give-and-take FEELING, land KEELING’S would live on perceived every bit a surname, peculiarly when viewed inwards conjunction amongst the fact that the words H KEELING & CO were used on the label.

*Applying a global approach, the average consumers of the goods inwards query (who was whatsoever fellow member of the populace aged over xviii as well as who was probable to pay a relatively high flat of attending the purchase because of the range for personal preference inwards selecting alcoholic drinks) would non live on probable to live on confused. Although the goods were identical, in that location was alone a depression grade of visual as well as oral/aural similarity betwixt the marks as well as in that location was a clear conceptual dissimilarity.

actually isn’t certain close this decision. While it’s truthful that nosotros must pay item attending to the distinctive as well as dominant components of marks, the hearing officeholder has essentially ignored the hitting elements of Townsend’s label (including the rather hitting naked ladies/androgynous cherubim) as well as instead only compared the ii words KEELING’S as well as FEELING. Moreover, the IPKat isn’t convinced that people pay careful attending to buying alcoholic drinks, peculiarly inwards ofttimes crowded, noisy pubs, nor produce they bring the chance to carefully inspect the labels on drinks located behind the bar, ofttimes amongst a barman standing betwixt them as well as the booze. Merpel says advo-caat has to live on her favourite drink, existence a combination of feline as well as lawyer.

Lost ... Together With Found; Construct Strategy

Lost ... as well as found

* Does anyone know the whereabouts of Thomas Randes (last heard of at Magnusson Wahlin Qvist Stanbrook, of Sweden?). If so, delight allow the IPKat know here since he'd similar to contact him.

* Ms Elmarie de Bruin invites all her intellectual belongings friends to contact her at regisreg@hotmail.co.uk.

* IPKat co-blogmeister Jeremy has received some attractive promotional literature for a publication called Brand Strategy, published past times Centaur.

Having tried a duo of times to brand contact amongst anyone there, alas inwards vain, he wonders whether whatever readers of this spider web log instruct to meet Brand Strategy. If so, tin they say him if it's whatever good? Just drib the IPKat a business hither as well as allow him know.

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.

Uk Review Of Inventive Step; Audi Ctm Application

posted a banker's complaint on the ruling of the OHIM Second Board of Appeal on the registrability equally a Community merchandise grade of Audi’s slogan “Vorsprung durch Technik”. Patentanwalt Dr Robert Harrison writes:

"The OHIM determination states that the appeal is rejected for goods inward all classes except inward course of report 12 (Vehicles). Audi received registration inward course of report 12 because their slogan Vorsprung durch Technik is well-known, equally was confirmed past times the Office inward an before illustration (CTM 621 086). For all other classes (9, 14, 25, 28, 37, 38, 39, 40, 42) the determination of the Examiner to turn down the grade was confirmed".

Many thanks, Rob, from a grateful audience of clueless kitties when it comes to unusual languages.

Strong Words From The 2Nd Board

The OHIM Second Board of Appeal has condemned the OHIM Opposition Division’s practices regarding oppositions which are inadmissible nether r.18 CTMIR.

Cabouchon applied to register CABOUCHON every bit a CTM for goods inwards Classes 14, xviii in addition to 25. Doring opposed the application based on her High German CABOUCHON give-and-take mark, registered for Classes 14, xviii in addition to 20, registration No 396 10 653. The opposition was rejected past times the OHIM Opposition Division, which institute that although the Opposition Division had been told that the opposition was based on a give-and-take mark, Doring after submitted a registration certificate which showed a device mark, rather than a give-and-take mark. The Opposition Division thus institute that Doring had failed to substantiate its before right, in addition to therefore, the opposition based on the before correct was non well-founded. Doring appealed.

The appeal was allowed. By providing the certification in addition to registration discover of the mark, Doring had sufficiently identified the mark. However, it was the Opposition Division’s conclusion to require Doring to render proof that she had used her score that arrive for existent criticism. Said the Second Board of Appeal:

This is clearly a illustration inwards which the refund of the appeal fee is justified nether Rule 51 CTMIR. The contested conclusion was based on a set down on which the opponent was never given a risk to comment. That breach of the correct to move heard amounts to substantial procedural violation inside the important of Rule 51. H5N1 farther unsatisfactory facial expression of this illustration is that the Opposition Division was manifestly quite willing to pose the opponent to the inconvenience of submitting proof of role of the score on which the opposition was based in addition to submitting ‘further facts, testify in addition to arguments’, fifty-fifty though – on the sentiment ultimately taken past times the Opposition Division inwards the contested conclusion – zip that the opponent did or said after the death of the opposition menstruum could cause got enabled the opposition to succeed. This illustration shows that at that topographic point is a pressing ask for the Office to reconsider about of its practices. If the Office considers that an opposition is incurably impaired past times a formal defect, it should cause got a conclusion to that final result at an early on phase instead of causing the parties to waste matter their fourth dimension submitting testify in addition to legal declaration on the core of the opposition. That, after all, appears to move the philosophy underlying Rule xviii CTMIR.

, e'er the inexpensive sensationalist, was quite excited when he saw such potent words. Seriously though, the Board’s betoken seems in addition to so obvious that it’s rather worrying that the Opposition Division didn’t figure this i out for itself.

Ip Pot Pourri

IP sole practitioner’s meeting: the date

For the avoidance of confusion, the IPKat wishes his readers to know that the sole practitioners’ coming together at the Crown Tavern is on Th 16 Feb (i.e. next week) together with NOT Th 9 February (i.e. tomorrow). apologises for whatever confusion.

Seems similar the IPKat's non the solely confused truthful cat (right)


OHIM rules on registrability of Vorsprung durch Technik


The OHIM Second Board of Appeal has ruled on the registrability equally a CTM of Audi’s slogan “Vorsprung durch Technik”. The determination appears to accept something to produce amongst whether the grade is distinctive since many goods are connected to applied scientific discipline together with something to produce amongst acquired distinctiveness. Also, vehicles inward Class 12 seem to accept been treated differently from the other goods applied for. More than this the IPKat cannot tell y'all because he doesn’t speak High German – the solely linguistic communication that the determination is available in.

News from the British Library

The British Library is launching a novel extended Business together with Intellectual Property Centre in March. The Centre already gives access to lots of lovely IP-related reference materials, the Business together with Intellectual Property Centre together with next the refit, it volition host a novel detailed (free) serial of talks on diverse aspects of IP together with delineate organization from the betoken of persuasion of delineate organization people.

volition select y'all farther details when this happens, precisely inward the meantime, y'all tin dismiss gorge yourself on the BL’s comprehensive listing of IP links at http://www.bl.uk/patents. says anything that increases world agreement of IP is to last supported.

The Modern Constabulary Of Patents; Ohim Boa Liberty Again

suggested that Boards of Appeal at OHIM, the business office that grants too administers the Community merchandise mark, were non exclusively gratuitous too independent. This suggestion, having received both hostile and cynical responses, instantly enjoys the back upwards of Dave Landau (UK Patent Office) who writes:

"The respond re the seat of the BoAs too their "independence" has already been given past times the CFI inward Procter & Gamble v Office for Harmonisation inward the Internal Market (Trade Marks too Designs) (OHIM) [2003] ETMR 43:

"19 The Court notes at the outset that the Boards of Appeal are composed of members whose independence is ensured past times the fashion of appointment, past times the duration of their term of business office too equally good past times the rules governing the practice of their functions. Furthermore, for certain provisions of Regulation 40/94 governing the physical care for earlier the Boards of Appeal guarantee, inter alia, the parties' rights of defence.

20 However, the Boards of Appeal cast component division of the Office, which is the potency responsible for registering merchandise marks nether the atmospheric condition seat downwardly inward Regulation 40/94, too equally good contribute, inside the limits seat past times that regulation, to the completion of the internal marketplace (Case T-163/98 Procter & Gamble v OHIM (BABY-DRY) [1999] E.C.R. II-2383, paras 36 too 37).

21 In that regard, it follows from BABY-DRY, paras 38 to 43, that in that location is continuity inward damage of their functions betwixt the diverse departments of the Office too that the Boards of Appeal enjoy, inward particular, the same powers inward determining an appeal equally the examiner. Thus, piece the Boards of Appeal taste a broad compass of independence inward carrying out their duties, they establish a subdivision of the Office responsible for controlling, nether the atmospheric condition too inside the limits seat downwardly inward Regulation 40/94, the activities of the other departments of the direction to which they belong.

22 Since a Board of Appeal enjoys, inward particular, the same powers equally the examiner, where it exercises them it acts equally the direction of the Office. An activeness earlier the Board of Appeal hence forms component division of the administrative registration procedure, next an "interlocutory revision" past times the "first department" to behavior out an examination, pursuant to Art.60 of Regulation 40/94.

23 In the low-cal of the foregoing, the Boards of Appeal cannot hold out classified equally 'tribunals'. Consequently, the applicant cannot properly rely on a correct to a fair 'hearing' earlier the Boards of Appeal of the Office".

Look What Happens...

...when yous catch http://www.wipo.org.uk/.

Commission Objects To Collecting Societies

A Europa press liberate reports that the European Commission has sent a tilt of objections to CISAC (the International Confederation of Societies of Authors as well as Composers) as well as the private national collecting societies inwards the EEA that are members of CISAC. H5N1 tilt of objections is a formal pace inwards European Union antitrust proceedings, which triggers a two-month menses inwards which the recipient tin defend itself inwards writing or asking an oral hearing earlier the Commission.

The Commission feels that CISAC as well as the collecting societies may hold upwards inwards breach of Art.81 of the EC Treaty, which outlaws anticompetitive agreements. In particular, the Commission alleged that provisions of the CISAC model contract, as well as the contracts implemented at national grade past times its members may hold upwards inwards breach when inwards comes to internet, satellite transmission as well as cable retransmission of music. Three fundamental problems are identified:

1. authors tin solely transfer their rights to the collecting gild inwards their abode country, as well as non to the societies inwards other Member States;

2. those seeking a licence must utilization hence solely from the collecting gild inwards the province inwards which they are based, as well as fifty-fifty then, the licence volition solely comprehend that jurisdictions;

3. the run a jeopardy of “network effects” i.e. a spider web of anticompetitive contracts that self-perpetuates, as well as makes is impossible for novel collecting societies to instruct into the market.

wonders if maybe in that place is a conflict betwixt objection one as well as objection 2. He has problem envisaging a province of affairs inwards which interests of authors as well as the interests would-be licensees would converge when it comes to the number of determining as well as collecting royalties.

Patent Purpose Initiative: A Cynic Writes; Sale Of Goods Past Times Network Non Like To Carry Services

posted a spider web log on the United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland Patent Office's surprise launch of a consultation newspaper on the role of inventive footstep inwards patent law. The postal service concluded:

"Merpel wonders why this maiden has come upward at this fourth dimension from the United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland Patent Office. It's unlikely that the United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland authorities would consider footling to a greater extent than or less amongst an internationally accepted norm for patentability if no other jurisdictions had the same intention”.

here]? And if hundreds of judgments of the finest human minds etc receive got non brought a universally satisfactory Definition inwards but i jurisdiction (the UK, never take away heed Federal Republic of Federal Republic of Germany in addition to the Netherlands) what does the United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland Patent Office promise to attain – except, am I also cynical, satisfying a Minister that they are seen every bit doing something ..? The CIPA Patents Committee volition right away await at it in addition to dozens of fine brains at the toll of £[BIG FIGURE] per hour's lost earnings volition come upward up amongst something … only for it to go shelved and/or ignored past times judges. There's a lot to go said for the ’49 Act – in addition to that is non but because I grew upward amongst it …".
What a cheek! OHIM doesn't receive got to apply Castilian representative law

notes but i Community merchandise score conclusion from the Court of First Instance (CFI) today. That's Case T‑202/03, Alecansan, SL v OHIM, CompUSA Management Co. Essentially, CompUSA applied to register figurative score on the left every bit a Community merchandise score for diverse computer-related goods in addition to services inwards Classes 9, 37 in addition to 42, the latter beingness retail shop services inwards honour of figurer goods. Alecansan opposed the application inwards relation to Classes nine in addition to 37, citing its before registration of the figurative score on the right, registered for 'transport; packaging in addition to storage of goods; go arrangement’ inwards Class 39. The Opposition Division in addition to the Board of Appeal both rejected the opposition on the reason that, despite the near identity of the marks, at that spot was no similarity whatsoever inwards honour of the skilful in addition to services of the respective parties. Alecansan appealed to the CFI.

The CFI dismissed the appeal.

At the hearing Alecansan pointed out that inwards regulation at that spot is no connector betwixt go services listed inwards Class 39 in addition to information technology goods inwards Class 9. However, it argued, at that spot is a connector betwixt its carry services in addition to information technology goods of the merchandise score applied for. Since CompUsa sold information technology goods on the internet, it needed to utilization goods carry services inwards gild to larn those goods to ultimate purchasers. Without such carry services CompUSA could non pursue its business. Alecansan's services in addition to those of CompUSA were so complementary inwards nature. This beingness so, at that spot was similarity betwixt the goods in addition to services at issue. This ingenious plea was rejected.

So also was the minute business office of the appeal, concerning the failure to bring into concern human relationship Castilian national case-law on likelihood of confusion. Alecansan argued that, since earth targeted past times the 2 marks consisted of average Castilian consumers in addition to the relevant marketplace was the Castilian market, Castilian case-law concerning the likelihood of confusion betwixt the signs should receive got been taken into concern human relationship past times the Board of Appeal. Under that case-law the identity of the names of the 2 marks results inwards their ‘incompatibility’, fifty-fifty when the goods related to the signs inwards dispute are different, they belong to 2 different classes of the Nice Classification (Classes 29 in addition to 30) in addition to at that spot is no human relationship betwixt them, since the likelihood of confusion on the marketplace is evident. The CFI was unimpressed. It said:

"56 According to the commencement recital inwards the preamble to Regulation 40/94, the role of the Community merchandise score is to enable the products in addition to services of undertakings to go distinguished past times identical way throughout the entire Community, regardless of frontiers ...

57 Given the unitary nature of the Community merchandise mark, the Community merchandise score regime is an autonomous scheme amongst its ain ready of objectives in addition to rules peculiar to it, in addition to applies independently of whatever national scheme .... Accordingly, the validity of the Board of Appeal’s decisions must go examined solely on the reason of the relevant Community legislation, that is to state primarily Regulation 40/94 ...

58 As a result, OHIM cannot go leap past times a conclusion given inwards a Member State according to which where the 2 marks are identical inwards advert they are ‘incompatible’ fifty-fifty if the goods in addition to services covered past times the signs inwards inquiry are different. That is in addition to so fifty-fifty if such a conclusion was adopted nether national legislation harmonised amongst Directive 89/104 ...".

thinks this is precisely right. If Alecansan's submission was correct, holders of before Castilian registrations would go greatly advantaged over owners of before registrations inwards other European Union Member States whose courts had correctly applied the by in addition to large accepted norms of European Union merchandise score law. Merpel agrees: this is but some other bleat that tin go crossed off the listing of spurious arguments for no-hope litigants.

CompUSA here
MedUSA here

New Edge Publication

Border Measures

Even though he is a tiny chip partisan, IPKat co-bloggie Jeremy can't help beingness impressed past times Oxford University Press's latest title, Enforcement of Intellectual Property Rights through Border Measures: Law in addition to Practice inwards the EU, edited past times the bustling Belgians Olivier Vrins (Altius, left) in addition to Marius Schneider (Gevers).

This mass is a practical direct to the purpose of border measures against the importation of goods infringing IP rights into the EU. It contains a blow-by-blow occupation organisation human relationship of Regulations 1383/2003 (customs activity against goods suspected of infringing for certain IP rights) in addition to 1891/2004 (which implements it). Olivier in addition to Marius assembled a squad which was primed to tackle the practical aspects of problems involving multi-state abuses of IP rights (including how to contact customs authorities, useful website addresses, in addition to more); it contains a practiced bargain of fundamental data that is non e'er readily available - in addition to which, several of the chapter authors confessed, they didn't know fifty-fifty existed until Olivier in addition to Marius goaded them into earthworks it up.

In improver to framework chapters on the Regulations in addition to their backgrouns in addition to international context, the mass contains 25 national reports, each written to the same template. This makes it easier to compare dissimilar national approaches and, the publisher's blurb suggests, to brand strategic decisions (though the IPKat pauses to reverberate on a paradox: spell a large mass of accurate data makes for amend decisions, it makes it to a greater extent than hard to attain a conclusion at all). The mass concludes amongst roughly comments past times Jeremy on the unique nature of the problems thrown upwards past times the confluence of shared in addition to conflicting interests at the signal at which IP owners seek to stalk the tide of counterfeits in addition to infringements.

The publication of this mass marks the terminate of a procedure inwards which the 2 editors, amongst a mixture of optimism, energy, enthusiasm, practiced planning in addition to sheer persistence, saw the projection through in addition to brought it to fruition. If they are every bit active inwards marketing the mass every bit they were inwards overseeing its production, the IPKat confidently predicts that every identify inwards Europe volition possess 2 or 3 copies!

Left: a European Commissioner models the smart novel uniform for all customs officials who are empowered to detain goods nether Regulation 1383/2003

At £175 for the hardback mass (there is no paperback alternative) the cost seems steep, simply (if you lot include the prelims in addition to the index) at that topographic point are to a greater extent than than 1,400 pages to proceed you lot occupied on that long flying to the Moon in addition to back. There's likewise a particular bonus inwards the degree of a website, www.bordermeasures.com, on which the editors pledge to offering in addition to study on the latest post-publication developments, amongst commentary where appropriate. The ISBN is 10: 0-19-928879-8 (13: 978-0-19-928879-3 from 2007). Will non check inwards a pocket. Rupture facture: high.

Librarians Inward Porcine Copyright Conundrum

PC Pro reports on the Libraries as well as Archives Copyright Alliance’s comments to the All Party Parliamentary Internet Group (APIG, every bit it is unfortunately known for short) query into DRM. The librarians bring expressed work organisation that overly strict digital rights management volition forbid librarians from fulfilling their component of preserving information past times blocking them from beingness able to transfer information on to novel media every bit they are developed. LACA wrote inwards its submission

As custodians of human memory, a publish [of libraries] would continue digital plant inwards perpetuity as well as may postulate to live on able to transfer them to other formats inwards companionship to save them as well as brand the content fully accessible as well as usable i let out of copyright.

supports measures that would farther the function of libraries, exactly he notes that this is non a full general declaration against DRM.

Inventive Footstep - Fourth Dimension For A Change? Latest Jcle

Inventive stride - the Patent Office asks for comments

The United Kingdom of Great Britain together with Northern Ireland Patent Office has today launched a consultation paper, Consultation on the inventive stride requirement inwards United Kingdom of Great Britain together with Northern Ireland patent police line together with practice, to inquire for comments every bit to whether the inventive stride requirement for patentable inventions is correct for inventors, the populace at large together with the United Kingdom of Great Britain together with Northern Ireland economy. The exercise wants to know:

* are also many "trivial patents" existence granted?

* are innovation together with competitiveness best served yesteryear slowly patenting amongst depression hurdles?

is appalled at the expense together with endeavor that goes into determining inventive stride inwards disputed cases. He's non really impressed amongst the notion of having to conjure upwards the existence of a hypothetical basically uninventive somebody skilled inwards the prior fine art inwards social club to estimate what that hypothetical somebody would (or would not) create got been able to produce without inventing, when faced amongst a prior fine art which mightiness endure quite elderly yesteryear the fourth dimension the number is argued earlier a court. There's a lot to endure said for sticking to a novelty examine lone together with scuppering the inventive examine criterion. While it volition termination inwards trivial patents existence granted, the existing arrangement is quite capable of doing that also - together with at to the lowest degree the arrangement volition endure simpler together with to a greater extent than predictable.

Merpel wonders why this initiatory has come upwards at this fourth dimension from the United Kingdom of Great Britain together with Northern Ireland Patent Office. It's unlikely that the United Kingdom of Great Britain together with Northern Ireland authorities would see petty around amongst an internationally accepted norm for patentability if no other jurisdictions had the same intention.

Closing appointment for answers: 31 May 2006.
Full consultation together with feedback degree here.

Journal of Competition Law together with Economics

The Dec 2005 number of the Oxford University Press quarterly Journal of Competition Law together with Economics has straightaway been published. It contains 2 features of item involvement to the intellectual belongings fraternity. The first, yesteryear Andrew Wise together with Kiran Duwadi (both of the FCC) focuses on contest betwixt cable telly together with straight broadcast satellite, examining the touching of the damage of switching services upon the attraction of each service. The second, yesteryear Matthew Burgess (CRA International) together with Lewis Evans (Victoria University of New Zealand) considers the outcome of parallel importation of CDs on the launch dates of motion painting theater films inwards New Zealand.

Full contents of electrical current number here

Ip Writing - All Write For Some

Can you lot write expert IP?

One of IPKat co-blogmeister Jeremy's principal occupations is writing; about other is editing. He spends much of each waking 24-hour interval performing ane or both of those tasks. When editing, he is oftentimes delighted with the high character of the prose he reads. More oftentimes he is dismayed, specially when he faces a dilemma: should he shipping dorsum an article, chapter or illustration banking concern annotation in addition to inquire for it to endure rewritten, or should he rewrite it himself? The gloomy prospect, when bespeak for a rewrite, is the expectation that the mo draft may endure simply equally wretched equally the first, the former errors existence carefully replaced yesteryear fresh novel ones.

The drive of this dilemma is non necessarily that the author is unfamiliar with English. Many of the worst offenders are native English linguistic communication speakers, spell about of the best prose comes from those for whom English linguistic communication is a mo or subsequent tongue.

, pondering this problem, is curious to know whether at that spot be with his readers whatsoever IP practitioners, owners in addition to enthusiasts who would endure interested inwards attention a half-day workshop, "Better Writing for Intellectual Property". This course of didactics would

* summarise the basic principles of expert writing,

* laid upwards a unproblematic practise inwards drafting or correcting a brusk IP illustration banking concern annotation or customer letter,

* laid upwards a farther practise inwards seeing how many errors in addition to stylistic issues tin move endure flora inwards a unmarried passage from an IP article.

The course of didactics would endure interactive (i.e. you lot conduct maintain to participate - you lot can't simply sit down at that spot taking notes) in addition to would endure run at a fairly minimal class of cost. If you lot are inwards a set of ability in addition to influence, you lot could fifty-fifty shipping somebody else to attend on your behalf! If you're interested, electronic mail the IPKat here. H5N1 critical volume of 10 takers is needed, in addition to so that participants won't experience besides terrorised yesteryear the faculty ...

Good legal writing here , here and here

Major Us Study On Orphan Copyright Works

LinuxElectrons reports that the the US Copyright Office has completed a study on orphan works as well as has presented its findings to the Senate Judiciary Committee on Jan 31. Orphan industrial plant are industrial plant which, although soundless inward copyright, convey been authored yesteryear people who it is directly impossible to discovery inward firm to try their permission to reproduce the works, or comport out i of the acts that is reserved to the copyright owner. Following a wide-ranging consultation, the 207 page study describes the legal as well as factual province of affairs pertaining to orphan works. In short, its findings are:

*The orphan industrial plant work is real.
*The orphan industrial plant work is elusive to quantify as well as depict comprehensively.
*Some orphan industrial plant situations may endure addressed yesteryear existing copyright law, precisely many are not.
*Legislation is necessary to furnish a meaningful solution to the orphan industrial plant work every bit nosotros know it today.
We recommend that the orphan industrial plant number endure addressed yesteryear an amendment to the Copyright Act’s remedies section. The specific linguistic communication nosotros recommend is provided at the terminate of this Report.

Oliver Twist - the ultimate orphan work

The recommended legislative provision reads every bit follows:

SECTION 514: LIMITATIONS ON REMEDIES: ORPHAN WORKS

(a) Notwithstanding sections 502 through 505, where the infringer:
(1) prior to the showtime of the infringement, performed a expert faith, reasonably diligent search to locate the possessor of the infringed copyright as well as the infringer did non locate that owner, and
(2) throughout the class of the infringement, provided attribution to the writer as well as copyright possessor of the work, if possible as well as every bit appropriate nether the circumstances, the remedies for the infringement shall endure limited every bit laid forth inward subsection (b).

(b) LIMITATIONS ON REMEDIES

(1) MONETARY RELIEF

(A) no abide by for monetary damages (including actual damages, statutory damages, costs or attorney’s fees) shall endure made other than an firm requiring the infringer to pay reasonable compensation for the utilisation of the infringed work; provided, however, that where the infringement is performed without whatsoever piece of work of straight or indirect commercial advantage, such every bit through the sale of copies or phonorecords of the infringed work, as well as the infringer ceases the infringement expeditiously subsequently receiving notice of the claim for infringement, no abide by of monetary relief shall endure made.

(2) INJUNCTIVE RELIEF

(A) inward the illustration where the infringer has prepared or commenced grooming of a derivative piece of work that recasts, transforms or adapts the infringed piece of work alongside a important amount of the infringer’s expression, whatsoever injunctive or equitable relief granted yesteryear the courtroom shall non limit the infringer’s continued grooming as well as utilisation of the derivative work, provided that the infringer makes payment of reasonable compensation to the copyright possessor for such grooming as well as ongoing utilisation as well as provides attribution to the writer as well as copyright possessor inward a vogue determined yesteryear the courtroom every bit reasonable nether the circumstances; and

(B) inward all other cases, the courtroom may impose injunctive relief to preclude or limit the infringement inward its entirety, precisely the relief shall to the extent practicable concern human relationship for whatsoever harm that the relief would campaign the infringer due to the infringer’s reliance on this department inward making the infringing use.
(c) Nothing inward this department shall touching on rights, limitations or defenses to copyright infringement, including fair use, nether this title.
(d) This department shall non apply to whatsoever infringement occurring subsequently the appointment that is 10 years from appointment of enactment of this Act.

notes that the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland has a limited provision allowing orphan industrial plant to endure used inward the class of s.57 of the CDPA. However, dissimilar the proposed the US provision, the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland provision alone kicks inward where it is prophylactic to assume that the piece of work is out of copyright, or at the otherwise infringing human activity is taking house at the terminate of l years subsequently the author’s death. This leaves the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland inward a province of affairs inward which it won’t endure possible to utilisation industrial plant which are soundless clearly inward copyright, precisely for which it is impossible to runway downwardly the author.

February Eipr

February’s sparkly number of the EIPR has landed on the IPKat’s doormat. Treats inwards this number are:

*Nicola Isaacs (University of Plymouth) on whether the United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland should flake its relative grounds search for the registration of merchandise marks
*Alexander Tsoutsanis (Klos Morel Vos & Schaap) on Art.5(5) of Directive 89/104 together with the absence of a “use inwards commerce” requirement
*Susan Corbett on human rights together with IP protection of databases
*Kirstin Huniar on the resultant of the Enforcement Directive on United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland law
*Li Luo on the legal protection of technological measures inwards China
*Ron Moscona (Clifford Chance) on Newman v Adlem, the sale of goodwill together with the correct to purpose one’s ain name
*Adrian Toutoungi (Linklaters) on EFTA together with the exhaustion of rights
*Carlo Rusconi (OHIM) on the legality of OHIM’s physical care for for notifying decisions past times fax
*Claire Howell (Aston Business School) on Goemar together with genuine use
*Correspondence betwixt John Tessenshohn (Shusaku Yamamoto) together with Yunjoo Lee together with Malcolm Langley (QMIPRI) on employees’ inventions
*The common roundup of mass reviews
*Amanda Maclachlan’s (Allen & Overy) review of United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland statutory instruments inwards force.

says tuck in!

Shock Horror, Ohim Appeals; Patent Baristas; Hungarian Aippi Proceedings

comments on independence of the OHIM Boards of Appeal (" reminds readers that the Boards of Appeal are non an independent judicial forum. They are usage of OHIM in addition to serve every bit an administrative filter likewise every bit an arbiter of the rectitude of registration/oppositions on the facts of private cases"), the Kat has received a rocket from an outraged reader who writes:

"I am distressed to catch this fault perpetrated on your website. The Boards of Appeal are indeed an independent judicial forum: inwards this context may I straight your attending to Article 131 of the Community Trade Mark Regulation. The Boards are non inwards fact are non an admistrative filter; they are a really independent filter, lodged inside the adminstrational framework of the Office".

wonders whether at that topographic point is a distinction to live on drawn betwixt de jure independence (recognised yesteryear Article 131) in addition to de facto independence. Comments from readers are exceptionally welcome, either through Comments posted below or yesteryear email.


Wake upward in addition to aroma the baristas

doesn't usually spending his fourth dimension in addition to endeavor eulogising other blogs, but he would sure as shooting recommend the series of posts (four to date) that stimulate got appeared on Patent Baristas, demystifying HR2795 (the U.S.A. Patents Bill 2005). Well done, Stephen, Karlyn in addition to Co.


Hungary for IP

has merely received a re-create of book 32 of the Proceedings of the Hungarian Group of AIPPI (2005). This publication has improved from twelvemonth to year, both inwards price of topicality of its coverage in addition to inwards price of its scholarship, every bit Hungary's AIPPI members stimulate got increasingly choke usage of the mainstream IP community.

One particular that caught the oculus was the obituary for Professor Endre Lontai, for whom he had reserved a soft spot inwards his heart. IPKat co-blogmeister Jeremy writes:

"I laid about met Endre when I was a postgraduate educatee at the University of Kent, which Endre briefly visited inwards the Bad Old Communist Days of the early on 1970s. I was directly taken yesteryear his passion for Shakespeare, whom he would quote to peachy resultant inwards back upward of any declaration he happened to live on pressing at the time. We met in i trial again at the first coming together of ATRIP, when Endre impressed me fifty-fifty to a greater extent than amongst his vast international repertoire of expletives. As a human who was e'er closer to philosophy than to law, Endre entertained my positivist assertions in addition to market-leaning interests amongst polite tolerance in addition to entertainment - in addition to sometimes, I suspect, amongst non a picayune sympathy. I shall immature lady him".

Details of AIPIP (that's the acronym for the Hungarian grouping of AIPPI are available from its President, Dr Istvan Godolle (contact yesteryear e-mail here).

Remember; A La Recherche Du Tms Perdu

Don’t forget

This Mon (6 February), Lior Zemer, by in addition to large of Leicester, merely too of Boston University School of Law, volition hold upward speaking at Queen Mary IPRI on the interface betwixt copyright in addition to Lockean theory. All are welcome in addition to nobody’s palm needs to hold upward crossed with silver, merely delight RSVP to Ilanah. The fun begins at 12.30pm.

Here they instruct again


ZDNet reports Linux Mark Institute (the torso ready yesteryear Linus Torvalds to protect the LINUX mark) may hold upward appealing against the determination yesteryear the Australian Trade Mark Registrar to reject to register LINUX equally a merchandise mark. An application to register the score was turned downward end yr on grounds of lack of distinctiveness. Linux Australia’s president stated with reckon to the acquaint proceedings

"The determination of the trademarks travel tin hold upward appealed, in addition to I believe that is inwards progress, withal Linux Commonwealth of Australia is non actioning that…That's beingness done yesteryear the Linux Mark Institute…Their legal squad is going through the process, in addition to nosotros are providing them data equally they asking it, equally they demand access to local documentation, in addition to things similar that, merely we're actually a third-party to it…We're non guide involved inwards the process.".
The initial application caused furore alongside software developers who utilisation Linux in addition to feared that they were at adventure of beingness deprived of the chance to utilisation the term, or would hold upward forced to pay royalties to the mark-owner.

says that this determination sure enough of import plenty to travel into worth appealing. The persuasion of an operating organisation beingness generic has implications that could arrive at good beyond Linux.

Fade-Out Fall-Out For Rubettes; Latest Share Stats

Sugar Baby Loves to Litigate

, one-half of whom was thriving during the 1970s, is embarrassed to confess that he has no recollection of a popular grouping called The Rubettes. This outfit was withal the dependent area of a illustration noted yesterday past times Butterworths' increasingly efficient All England Direct subscription service. The illustration is Alan Williams Entertainment Ltd together with some other v Hurd together with others [2006] EWHC 81 (Ch), a Chancery Division determination of Mr Justice David Richards.

Alan Williams Entertainment was owned together with controlled past times Alan Williams, the one-time atomic number 82 vocalizer of The Rubettes. In the 1970s The Rubettes notched upwards a hitting single, ‘Sugar Baby Love’, which reached number i inwards the popular music charts. The get-go 2 defendants were ex-members of the band together with the 3rd was atomic number 82 vocalizer inwards the recording of ‘Sugar Baby Love’.

After the band split upwards up inwards 1999 Williams together with his fellowship sued for a statement that they lonely were entitled to purpose the names ‘Rubettes’ or ‘The Rubettes’ inwards the course of written report of trade. The proceedings were settled on price which were appended to a consent monastic tell (the agreement). Clause 1 of the short town understanding provided that at that spot should hold upwards 2 Rubettes bands - i for Williams together with i for the defendants. By Clause 5 neither band would merchandise equally ‘Rubettes’ or ‘The Rubettes’ later a for sure date.

In this activity Wiliams together with his fellowship sued, alleging that the defendants were inwards breach of the short town agreement. Two issues of structure of Clause 5 arose: (i) the pregnant of the facial expression ‘trade as’ together with (ii) whether that clause, inwards combination alongside Clause 1, imposed whatsoever duty on the parties equally regards 3rd political party material. The defendants counterclaimed, maxim that Williams & Co were also inwards breach.

David Richards J ruled equally follows:

* When considering a compromise understanding such equally this, it should hold upwards construed equally a whole together with the pregnant of the words should hold upwards taken from their context alongside a sentiment to giving upshot - if possible - to the whole of it.

* Words were to hold upwards given their plainly together with natural pregnant unless the outcome was absurd or the understanding was internally inconsistent inside itself.

* The ordinary pregnant of ‘trade as’ inwards that context extended beyond the purpose of ‘The Rubettes’ equally the holler of the band, to embrace whatsoever promotion of the band equally ‘The Rubettes’.

* The argue why Clause 1 allowed each side to purpose ‘The Rubettes’ inwards its holler was to permit some trading off that reputation. What was not permitted was trading inwards such a way equally to introduce or promote themselves equally ‘Rubettes’ or ‘The Rubettes’, thereby suggesting that they were the original Rubettes.

* The number of command of the activities of 3rd parties turned on an understanding of the obligation inwards Clause 5 non to ‘trade as’ the Rubettes. Promotion of a band was an essential business office of its trading activities.

* The understanding could non hold upwards construed equally imposing a amount duty on the parties to halt 3rd parties calling either band the Rubettes. However, Clause 5 covered reasonable steps inwards advance of whatsoever promotion, promotion or announcement, to preclude their description or promotion equally the Rubettes and, where they were beingness wrongfully described or promoted inwards that way, to stimulate got reasonable steps to right it.

* It followed from this structure of the understanding that at that spot had been some breaches of it. Accordingly, an query would hold upwards ordered equally to the harm suffered past times each side.

feels lamentable for whatsoever contracting political party who doesn't know whether he's inwards breach of the contract or non until, some years later it has been made, a justice rules on what its obligations truly are. Good, precise drafting, combined alongside mutual sense together with foresight, is what's needed. Yes, says Merpel, but sometimes the only way yous tin larn the parties to sign a short town understanding is to hold it vague then that each thinks it way what he wants it to mean.

Listen to Sugar Baby Love here ...
... but don't confuse it alongside sugar-free Baby Love or (for dyslexics) Baby Vole


As if nosotros didn't know ...

WIPO has issued a press-release on final year's Patent Cooperation Treaty (PCT) filings inwards which it leads which difficult information to back upwards what nosotros all know: North East Asia, i time a zone famed for its infringing activities, is inwards the Big League when it comes to the solely legitimate pursuit of filing patents for its ain innovations. The Press Release, which is amount of facts together with figures, should brand compulsory reading for anyone who wants to know how much the PCT has promoted globalisation of IP protection together with use, equally good equally which countries stimulate got been left behind. Among its contents are the following:

"* ... the South Korea overtook the Netherlands equally the sixth biggest user of the ... Patent Cooperation Treaty (PCT) together with China dislodged Canada, Italy together with Commonwealth of Australia to stimulate got the spot of tenth largest PCT user.

* In 2005, over 134,000 PCT applications were filed, ... a 9.4% increment over the previous year. The 5 peak users of the international patent organization remained unchanged, namely the USA, Japan, Germany, French Republic together with the UK.

* ... for the mo twelvemonth running, the most impressive rates of growth came from N E Asia – namely, Japan, the South Korea together with China, which betwixt them accounted for 24.1% of all international applications, compared to 34.6% from the countries political party to the European Patent Convention together with 33.6% from the USA.

* Since 2000, the number of applications from Japan, Republic of Korea, together with China, has risen past times 162%, 200% together with 212%, respectively.

Right: sometimes the PCT protects patents. Other times it's vice versa ...

* Inventors together with manufacture from the U.S. of America represented 33.6% (a 3.8% increment over 2004) of all applications inwards 2005. Applicants from Japan, who unseated their German linguistic communication counterparts inwards 2003 for the number 2 spot, maintained their mo house spot alongside 18.8% of the amount number of applications, representing a 24.3% increase. Federal Republic of Federal Republic of Germany held 3rd spot alongside 11.8% of all applications inwards 2005, representing a 4% increase, followed past times French Republic (4.1% of all applications together with a 6.6% increase) together with the Great Britain (3.8% of all applications together with a 1.5% increase). Among the 15 peak filing countries, others to accomplish double-digit rates of growth were Commonwealth of Australia (13th highest filer, alongside a charge per unit of measurement of growth of 10.1% inwards 2005) together with Republic of Finland (14th highest filer, alongside a charge per unit of measurement of growth of 11.6% inwards 2005).

* ... staff of the PCT, which processed an average of 536 international applications per working day. ... Productivity improved past times 18% using the mensurate of the number of international applications processed per employee, which had gone upwards from 213 per employee, to 253.

* The WIPO website "PatentScope" similar a shot made available over 1.2 i K k international applications ... inwards fully searchable assort for costless consultation past times all.

* Dutch multinational Philips Electronics was ... the largest filer (an estimated 2,492 applications), followed past times Matsushita (Japan) (2,021), Siemens (Germany) (1,402) , Nokia (Finland) (898), Bosch (Germany) (843), Intel (USA) (691), BASF (Germany) (656), 3M (USA) (603), Motorola (United States) (580), together with DaimlerChrysler (Germany) (567). Among the twenty peak filing companies, 7 were from the U.S. of America, iv from Federal Republic of Federal Republic of Germany together with iv from Japan.

* International patent applications received from developing countries inwards 2005 saw a 20% increment ..., representing 6.7% of all international patent applications filed. The listing was topped past times applications from the South Korea alongside 4,747 applications, followed past times China (2,452), Bharat (648), South Africa (336), Singapore (438), Brazil (283) together with United Mexican States (136)".

can't assistance wondering how much the increased purpose of the PCT has been helped inwards recent years past times the TRIPs factor. As IP laws around the the world decease to a greater extent than homogenous, stable together with predictable, together with equally enforcement becomes of a realistic proposition, the expense together with seek of international patent filing is easier to justify. Merpel adds, it's non only the number of patents filed that makes a trouble concern successful: it's the character of the conception protected past times them together with the skills involved inwards marketing them. PCT purpose is only a way to an end, non an terminate inwards itself.

Twelve Times Tabled?

is grateful to Lee Curtis of Pinsent Masons for pointing him inwards the direction of a even concerning the U.S.A. 12th Man merchandise mark. Texas A&M University has been known every bit “Home of the 12th Man” since 1922, when a student, E. King Gill, was pulled from the stands to every bit a substitute for the injury-depleted Aggies (as A&M is known for short). Although Gill didn't play, precisely he was the end live on musician standing on the sidelines inwards reserve in addition to the Aggies won the game. A&M registered the 12th Man score inwards 1990 in addition to 1996 for diverse goods, including amusement services in addition to products similar caps, T-shirts, novelty buttons in addition to jewellery.

NFL team, the Seattle Seahawks, which has qualified for the Super Bowl, refers to its fans every bit a "12th Man". The NFL squad uses the publish 12 on squad flags in addition to banners, such every bit that flight on the squad hotel in addition to on merchandise in addition to clothing.

Now A&M is bringing infringement proceedings in addition to according to Seattle PI, the Seahawks select succeeding inwards having the representative moved from A&M’s hometown to Houston, a hundred miles away.

hopes that such things don’t come upwards to the United Kingdom of Great Britain in addition to Northern Ireland – the 12th homo is crucial to cricket. Merpel adds, the Texans may select Aggie precisely nosotros select Aggers.

Skating Some The Rim

Research inwards Motion (RIM), manufacturer of the ubiquitous BlackBerry, notched upward a success inwards the Patents Court (England in addition to Wales) today when Mr Justice Pumfrey effectively dismissed patent infringement proceedings brought past times Luxembourg-based InPro (an IP belongings company, a course of Euro-troll). Last calendar week the High German Bundespatentgericht equally good held inwards RIM's favour, ruling that the claim which RIM was alleged to convey infringed was invalid.

is frustrated that the judgment has non appeared on BAILII or, in addition to thence far equally he tin forcefulness out see, anywhere else. Given the high marking of populace in addition to commercial involvement inwards the legality of BlackBerries, he would convey expected the judgment to convey been made fully available. He has rumours that the judgment is beingness given express circulation, equally good that it is going dorsum for "redaction" (literally, editing - a course of censorship of the juicy bits). Merpel adds: "no judgment is almost equally bad equally having it solely inwards a unusual linguistic communication ..."

If yous convey whatever hot intelligence of this illustration or, amend still, a re-create of the judgment, simply shipping it here and the IPKat volition motility into equally available equally he can!

Read almost it on The Register, Globe in addition to Mail (Canada) in addition to Reuters

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

Kitty Litter - Alongside Consequences

Here’s approximately Kitty Litter – merely this fourth dimension amongst consequences. Businessweek reports that Lehman Brothers issued a inquiry authorities annotation concerning a Dutch patent instance betwixt Angiotech together with Biosensors International Group. Angiotech is suing Biosensors for patent infringement inwards Holland, alleging that Biosensors has infringed its patent through selling an Axxion-coated stent. Biosensors together with therefore issued a press unloose stating that a Dutch jurist had institute that its stent didn’t infringe the Angiotech patent.

As a result, Lehman issued a inquiry authorities annotation on Angiotech’s competitior Conor Medsystems Inc. This authorities annotation said that "the fact that Biosensors was able to examine non-infringement amongst a paclitaxel stent increases the likelihood of a positive outcome" for Conor. Conor appears to accept challenged the validity of Angiotech's patents for using paclitaxel to coat stents.

In fact, the Dutch courtroom had solely issued a preliminary injunction together with the instance has non nevertheless gone to sum trial. This caused Lehman Brothers to number an embarrassing climb-down stating:

"After clarifying the ruling, it appears to live on much less of a positive for (Conor) together with much less of a negative for (Angiotech) than nosotros originally idea suggesting today's trading inwards both names may live on over-reactions."

The misinformation appears to accept been at to the lowest degree partially responsible for Angiotech shares reaching a 51-week depression together with Conor shares reaching a 52-week high yesterday afternoon.

says that it pays to know your basic civil procedure, non to hollo IP law.

Geronimo - Cheese Pact Hits Boa; Perfix/Cerfix - Simply Non Inwards English

Curia has posted ii fresh Community merchandise grade decisions today from the Court of First Instance of the European Communities (CFI),one inward English linguistic communication in addition to one, alas, not.

When both parties agree, you'd amend listen!

The English-language determination is Joined Cases T-466/04 in addition to T-467/04 Elisabetta Dami v OHIM, The Stilton Cheese Makers Association. It involves the merchandising of an engaging mouse called Geronomo Stilton (above, right). Dami applied to register every bit a Community merchandise grade the words GERONIMO STILTON for, alongside other things:

‘Meat; fish; non-living molluscs in addition to crustaceans; poultry in addition to game; meat extracts; tinned meat; preserved, dried in addition to cooked fruits in addition to vegetables; jellies; jams; eggs; milk; milk products; dairy products; cheese; butter; yoghurt; milk beverages; edible oils in addition to fats; pickles; fruit preserves; vegetable preserves; meat preserves; fish preserves’ (Class 29);

‘Cake pastry; pasta, sweets; coffee; tea; cocoa; sugar; rice; tapioca; artificial coffee; flour; preparations made from cereals; bread; biscuits; tarts; pastries; pralines; ices in addition to ice-cream; honey; syrup; pepper; vinegar; sauces; spices; ice; coffee-, cocoa- in addition to chocolate-based beverages' (Class 30).

The Stilton Cheese Makers Association, custodians of 1 of England's close wonderful treasures (below, left), opposed, citing before marks inward a number of fellow member states corresponding to the discussion STILTON inward relation to milk products inward Classes 16, 29 in addition to 30. The Opposition Division allowed the opposition inward abide by of the goods inward Classes 29 in addition to xxx but rejected the balance of the opposition.

Dami appealed inward relation to Classes 29 in addition to 30; the Association appealed inward relation to Class 16. After Dami wrote to the Board of Appeal to asking a alter inward her specification of goods, the parties jointly applied to the Board to remain the proceedings, referring to that letter. The Board told the parties that it interpreted the missive of the alphabet every bit a articulation application to bound the listing of goods designated yesteryear the grade for which registration was sought, giving the parties a restricted list. Dami asked the Board to review that interpretation, claiming that the missive of the alphabet was only a articulation application for a remain of the appeal proceedings on concern human relationship of the differences inward the parties’ intentions, every bit the opposing political party was calling for to a greater extent than amendments than had been mentioned inward the letter. The Board rejected that application in addition to after held that the withdrawal of the opposition had brought the proceedings to an end.

Dami appealed to the CFI for annulment of that decision, maintaining that the Board had erroneously held that the parties expressed a mutual intention to convey the proceedings to an end. The Association agreed. The CFI thence had to determine whether the activeness was admissible in addition to thence whether the Board could accept validly concluded that the parties had the mutual intention of bringing the proceedings before it to an end.

Annulling the Board's decision, the CFI ruled every bit follows:

* In proceedings next the determination of a Board of Appeal inward opposition proceedings, OHIM had no ability to alter, yesteryear the seat it adopted before the Court, the price of the dispute every bit delimited inward the respective claims in addition to contentions of the CTM applicant in addition to of the opponent. However, it did non follow that OHIM had to ground that an activeness brought against a determination of 1 of its Boards of Appeal should live dismissed.

* While OHIM did non accept the capacity to convey an activeness against a determination of a Board of Appeal, it could non live required to defend systematically every contested determination of a Board of Appeal or automatically to claim that every activeness challenging such a determination should live dismissed. Accordingly in that place was zip to preclude OHIM endorsing a caput of claim of the CTM applicant or simply leaving the determination to the discretion of the Court, piece putting forrad all the arguments that it considered appropriate for giving guidance to the Court.

* In this illustration the caput of claim pose forrad yesteryear OHIM in addition to the arguments advanced inward back upward of it were admissible inward thence far every bit they did non overstep the bounds of the claims in addition to arguments pose forrad yesteryear the applicant.

* The ability provided for nether dominion 20(5) of Commission Regulation 2868/95 (which implemented the CTM Regulation) to bound the listing of goods or services was vested alone inward the CTM who might, at whatever time, apply to OHIM for that purpose. In that context, the withdrawal, inward whole or inward part, of a CTM application had to live made expressly in addition to unconditionally.

* The Board's assertion that the parties had expressed a mutual intention of bringing the proceedings to an terminate had no factual basis. Accordingly both Dami in addition to the Association were correct to assert that the missive of the alphabet simply contained a articulation application for a remain of the proceedings. There was zip to advise that in that place was a subsequent understanding warranting the proceedings beingness brought to an end.

reminds readers that the Boards of Appeal are non an independent judicial forum. They are role of OHIM in addition to serve every bit an administrative filter too every bit an arbiter of the rectitude of registration/oppositions on the facts of private cases.

Merpel adds, it seems such a shame that Dami in addition to Stilton tin cooperate inward ganging upward on OHIM but non inward sitting downward to settle their differences ... oh, in addition to don't forget issues of convergence - when fictional graphic symbol in addition to milk solids come upward correct upward against each other (above, right).


It may only live inward French in addition to Portuguese ... but it's all the same the law

The minute CFI illustration today is Case T-206/04 Fernando Rodrigues Carvalhais v OHIM, Profilpas Snc, available inward French. It involves ii figurative marks - the CTM application for Perfix inward Classes 6, 17 in addition to 19, opposed yesteryear before registrations of Cerfix for goods inward Classes six in addition to 17. The Opposition said in that place was no likelihood of confusion. The Board of Appeal disagreed in addition to rejected the application. The CFI has upheld the Board of Appeal decision. feels that the Opposition Division belike got it right: the goods inward enquiry -- classe six : Profils métalliques et leurs accessoires; classe 17 : Profils en matières plastiques et leurs accessoires, joints et garnitures en matières plastiques; classe xix : Matériaux de structure non métalliques, rebords (garnitures) et joints pour céramiques, rebords (garnitures) et joints pour marbres, rebords (garnitures) et joints pour revêtements en général (non compris dans d’autres classes) -- are non the form of affair you lot purchase on impulse in addition to he'd live surprised if the relevant consumer would come upward unstuck, fifty-fifty allowing for an imperfect retentiveness or a skinful of vino ...