Rabu, 02 Februari 2005

Anti-Film Piracy Legislation A Pace Closer Inward Us


The LA Times as well as Reuters study that, inwards the US, Congress has passed the Family Entertainment as well as Copyright Act (FECA). This makes it a federal crime, punishable yesteryear upward to 3 years imprisonment, to purpose video cameras to tape films inwards cinemas as well as and hence distribute the copies. The Act likewise clarifies that it is non an infringement of copyright to arrive at software that allows viewers to skip acts of sexual activity as well as violence piece watching DVDs. Hollywood cinema companies tend to oppose such software, disceptation that since it alters their industrial plant without their permission, it violates their copyright. The Act though remains to hold out considered yesteryear the House of Representatives.



Don’t accept this to the motion-picture demonstrate theatre – or else!

wonders whether, inwards the UK, the removal of sexual activity as well as violence would count every bit an infringement of the author's moral correct to object to derogatory handling of his work.

More on skipping here, here as well as here

Patent Constabulary Treaty Inwards Forcefulness This April


learns that, next the deposit by Romania of its musical instrument of ratification on 28 January, the Patent Law Treaty volition come upward into force on 28 April. The 10 countries whose ratifications bring triggered this termination are (in guild of engagement of ratification) Moldova,Kyrgyzstan, Slovenia, Slovakia, Nigeria, Ukraine, Estonia, Denmark, Republic of Croatia too straight off Romania.

Drawn past times a usual honour for patenting too a deep hate of unnecessary bureaucracy, the nations of the basis unite to sign the PLT

What is the Patent Law Treaty? Read this excellent summary by John Brown (Forrester Ketley) to uncovering out.

Orphan Works: Ripe For Copyright Reform?


The Copyright Office of the the US Library of Congress is seeking to here
Orphan drugs here and here
Orphan brands here and here
Orphan Annie here and here

Selasa, 01 Februari 2005

Latest European Merchandise Score Cases


The Feb 2005 resultant of Sweet & Maxwell's European Trade Mark Reports has at i time been published. Among the cases inwards this resultant are English-language translations of the next cases:

* Emmanuel de Landtsheer v Veuve Cliquot Ponsardin in addition to LVHM Fashion Group (Brussels Court of Appeal) - a vigorous chip over the issues of validity in addition to infringement of a coloring grade (orange, equally commons ...)

* Geoffrey Inc v Nails R Us - Instituto de Beleza e Saude LDA (Court of Appeal, Lisbon) - on the ability of a merchandise grade possessor to oppose the registration of an allegedly confusingly similar refer equally a concern name.

Rennie: the Finnish Supreme Court provided welcome relief ...

* Roche Consumer Health (Worldwide) Ltd v Vitabalans Oy (Supreme Court, Finland) - whether RENICHEW, used past times the accused for wellness foods, was probable to travel confused alongside the RENNIE device grade in addition to the DIGESTIF RENNIE give-and-take grade for goods inwards Class 5.

* Paglieri Spa v Gabbiano SpA (Court of Cassation, Rome) - on locus standi to try a announcement of invalidity of the FARAMED merchandise mark.
Apart from these decisions, at that topographic point are cases from the Court of First Instance, from OHIM in addition to from the UK. As usual, if y'all know of whatever interesting and/or of import merchandise grade example that ought inwards your persuasion to travel reported inwards the ETMR, don't forget to enjoin the IPKat.

Miaow!


This is a shout out for help from Jeremy, who wants to update too meliorate his LLM Copyright Law too Trade Mark Law reading lists for his adjacent batch of lectures. When he changed computers this spill he successfully transferred thousands of files from the former i to the novel one, using his niggling USB stick, simply these 2 precious files accept vanished.

Here's Jeremy looking frantically for references to copyright cases ...

If whatever of final year's Queen Mary students (i.e. a pupil who attended the 2003-2004 lectures) has an electronic re-create of his reading list, tin transportation away he or she delight transportation it to him here every mo an e-mail attachment every mo presently every mo possible.

A Distressing Affaire


Here's 1 the IPKat missed terminal week: a ruling inwards Case C-59/04 Commission des Communautés européennes v République française to the resultant that French Republic has failed to implement la directive 2001/29/CE du Parlement européen et du Conseil, du 22 mai 2001, sur l'harmonisation de certains aspects du droit d'auteur et des droits voisins dans la société de l'information (the Directive on copyright, neighbouring rights as well as the data society). The offending bits look to hold upwardly Articles 5(1), half dozen as well as vii of the Directive. Sadly, the determination is solely inwards French. rages at the lack of translations into English linguistic communication as well as other official languages of the European Union. Merpel wonders, is French-only a deliberate ploy to spare the blushes of the French government?

Is the ECJ seeking to cover French blushes?

Senin, 31 Januari 2005

Kit Kat Suffers To A Greater Extent Than Or Less Other Merchandise Orbit Failure


More merchandise rate woe for Nestle’s KIT KAT bar. While final week’s HAVE Influenza A virus subtype H5N1 BREAK determination has been widely publicised, it’s less good known that Nestle applied to convey the sort of the KIT KAT bar registered equally a Community merchandise mark. The determination is exclusively available inwards French but, from what the IPKat tin brand out, the Board of Appeal upheld the determination non to register the sort on grounds of lack of inherent together with acquired distinctiveness.



KIT KAT – OHIM finds bar to registrability

notes that though the sort was non constitute to convey acquired distinctiveness, when he saw a determination entitled FORME DE QUATRE BARRES DE CHOCOLAT, he persuasion “Oooh, that must locomote KIT KAT”. He leaves readers to draw their ain conclusions.

More culinary delights here, here, here, here, here, here together with here