Rabu, 18 Januari 2006
Beer As Well As Universities
Bud none the wiser
is grateful to Terho Nevasalo for tipping him off most the latest determination inward the BUDWEISER saga. This determination appears to last a stalemate. This time, the venue of the declaration was Finland, where Anheuser-Busch holds the BUDWEISER merchandise mark. Information is however a fight hazy, but from what the Kat tin construct out, the Finnish Supreme Court has recognised that the Czech companionship has a defense based on role of its merchandise name, every bit long every bit it uses the term BUDWEISER BUDVAR inward accordance alongside honest practices. However, this defense does non comprehend the role of the term BUD.
If the IPKat is correct most the reasoning of this case, this approach could conduct keep major implications for cross-border merchandise grade disputes. The ECJ has already recognised inward Gerolsteiner that the fact that 2 companies conduct keep come upwards up alongside confusingly like names doesn’t total to dishonesty. The Finnish Supreme Court’s approach appears to advise that this reading of the proviso to the defences tin last position together alongside a defense based on role of a defendant’s ain companionship name, together with non only on role of one’s ain personal name.
More data on the determination is available here.
Universities together with IP
The Lambert Working Group on Intellectual Property wants to listen from those who conduct keep role the Lambert Toolkit ahead of Feb 2006, when the first-year review of the Lambert Toolkit volition accept place. The Toolkit is a tool to facilitate negotiations betwixt universities together with companies that want to collaborate together together with gives guidance on ownership together with exploitation of whatever intellectual belongings rights generated past times the projection together with how this inter-relates to issues such every bit the fiscal contribution from the business, together with the publication rights for the university.
To submit your feedback, follow the link at the bottom of this page on the Patent Office website.
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