Kamis, 09 Februari 2006
Glass Patent Won't Shatter; Ip Blogs From Poland; What A Performance!
Judge sees through transparent defence forcefulness inwards drinking glass patent case
Another scoop for the Butterworths' All England Direct subscription-only service is a banker's complaint on Tamglass Ltd OY v Luoyang Glass Technology Co Ltd together with roughly other [2006] EWHC 65 (Ch), a Patent Court conclusion of Mr Justice Isle of Mann on Fri 27 Jan 2006.
The dispute inwards interrogation revolved circular a patent for a motorcar that incorporated the procedure of heating, bending together with tempering drinking glass into a unmarried most continuous process. Luoyang was the manufacturer of a motorcar which, Tamglass said, infringed its patent. Influenza A virus subtype H5N1 minute accused allegedly infringed the patent yesteryear keeping together with using a motorcar supplied yesteryear Luoyang. Luoyang agreed that its motorcar cruel firmly inside the patent's claim but, citing several instances of what it maintained was relevant prior art, counterclaimed for revocation on the park grounds (lack of novelty; no inventive step). The minute accused indicated that it was content to survive leap yesteryear the court’s conclusion together with played no purpose inwards the trial.
Below: Luoyang is famous for nobler crafts than patent infringement
Mann J gave judgment for Tamglass. On the evidence, the alleged prior patents or applications submitted inwards back upwardly of Luoyang's counterclaim neither anticipated the patent nor rendered it obvious the inventions claimed inwards the patent.
suspects that Luoyang was precisely making token resistance since, spell Tamglass took the problem to instruct specialist counsel, Luoyang precisely appeared through a fellowship representative. Merpel says, it's non actually much of a scoop, is it? When the amount transcript of the judgment becomes available, it'll in all probability bring niggling or no police inwards it all like, similar most cases that haven't been seriously contested inwards court.
IP blogs from Poland
has precisely been introduced to an intellectual belongings weblog from Poland, Poland IP Law Resources, yesteryear lawyer Dariusz (Darek) Czuchaj. There's non much content on it correct now, but Darek volition kindly oblige if there's plenty involvement inwards it. So, if you lot desire tidings together with views from Poland, inwards English, electronic mail Darek here together with tell him. It contains a link to Tomasz Rychlicki's Rychlicki.net, which is a fairly busy English linguistic communication language tidings origin containing links to developments inwards most every reason inwards the Blue Planet - including Poland.
is pleased to run into IP blogging spread together with hopes that these early on efforts volition Pb to greater awareness of IP police together with practise - both its practiced points together with its bad side - inwards Eastern Europe.
What a performance!
is informed that the Performances (Moral Rights etc) Regulations 2006 (2006 No.18) were set earlier the Great Britain Parliament on xi Jan 2006. In the absence of anyone taking expose of them together with violently objecting, the novel Regs teach police on 1 Feb 2006 (i.e. this coming Wednesday).
Amending the Copyright, Designs together with Patents Act 1988 in ane lawsuit again, the Regulations do 2 novel moral rights for performers of "qualified performances". These are (i) the correct to survive designated equally the performer together with (ii) the correct to object to derogatory handling of one's performance. Hmm, thinks the IPKat. It volition exclusively cease inwards tears ... unless (adds Merpel) the courts tin survive persuaded to grant damages at a degree that volition piece of occupation out the successful performer amongst anything other than a bruised bag fifty-fifty when he succeeds.
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