How Many Tm Lawyers ...? Around Other Competition

How many merchandise grade lawyers ...?

Trade Marks at the Limit is a collection of essays on the extent to which you lot tin brand legal role of other people's merchandise marks fifty-fifty if you lot don't conduct keep permisssion. It volition survive published past times Edward Elgar inward the adjacent duo of weeks. The reckon for this majority was non solely its editor's idea: it originated from a issue of discussions betwixt the 2 katmeisters dorsum inward 2003-4, when they were working on what eventually became Trade Mark Use.

To grade the publication of Trade Marks at the Limit the IPKat is running a How Many Trade Mark Lawyers Competition, the prize beingness a gratis re-create of the book. The rules are simple: the individual who submits the best answer to the enquiry "How many merchandise grade lawyers does it accept to alter a lightbulb?" past times mid-day (British Summer Time) on Mon xv May 2006 is the winner. You tin travel inward equally many times equally you lot like, the sole status beingness that you lot grant the IPKat a non-exclusive licence to position out your submissions on his weblog for the total duration of the copyright term. Please shipping your submissions here.

Full details of the majority here.
Examples of lightbulb jokes here and here

Patent Agreements Together With Disagreements

Nokia together with InterDigital settle

Reuters reports that Nokia has settled its dispute alongside InterDigital. After having lost the case, concerning licence fees for 2G wireless applied scientific discipline patents inwards New York, Nokia has agreed to pay $253m. In provide they volition larn what they depict as

a fully paid-up, perpetual, irrevocable license to all of InterDigital's electrical flow patent portfolio, together with whatever patents InterDigital may afterwards acquire, for purposes of making or selling 2G products, including handsets together with infrastructure.

In other words, Nokia 2G handsets won’t infringe. However, things aren’t thence unproblematic thence far every bit 3G applied scientific discipline is concerned. Nokia volition non survive held liable for infringement concerning their 3G handsets together with infrastructure upwards until 26 Apr 2006 (the Midweek that simply happened) but phones etc produced after that appointment are unlicensed together with thence farther negotiations are necessary.

is inwards favour of the sensible short town of IP disputes. It’s a shame though that thence much courtroom fourth dimension was taken upwards over this. In the Great Britain alone, weeks together with weeks of trial took place.


Substantive patent harmonisation setback

ICTSD reports on the collapse of the WIPO Standing Committee on the Law of Patents informal session which took house on 10 to 12 April, chaired past times the UK’s really ain Ron ‘Comptroller’ Marchant. The utilization of the coming together was to outline an agenda for the formal SCP coming together which was due to lead keep house June.

However, no understanding could survive reached, together with the June coming together has been abandoned for now. Instead, the WIPO General Assembly volition consider what to do adjacent inwards September. It seems that the segmentation was on developed/developing globe lines. Developed countries are pushing for wider patent protection alongside a lower inventive mensuration criterion, acre developing countries are afraid that this volition strength them to grant wider patent protection inwards a agency that is detrimental to their interests.

The United States of America of America together with Nippon wanted the next issues on the agenda:

*prior art
* novelty
*grace period
* inventive step

The developing countries desire these issues on the agenda:

*development together with policy space
*exclusions to patentability
*exceptions to patent holders' rights
* anticompetitive practices related to patents
*requirements to expose the rootage of genetic fabric or traditional cognition used inwards an conception along alongside proof of prior informed consent together with do goodness sharing
*effective mechanisms to challenge the validity of patents
*technology transfer,
*alternative models for promoting innovation.

Ron Marchant concluded that the fourth dimension was non nevertheless correct for these issues to survive considered, together with called on the countries involved to consider their positions inwards gild to survive able to travel towards practical solutions.

While the IPKat doesn’t desire to reckon patents which are harmful or inadequately examined issued, he finds himself veering towards the US/Japan declaration here. The developed countries’ concerns should surely survive addressed, but it makes feel to the Kat to travel out what the basics of the patent arrangement are together with and then travel out how they request to survive modified to ensure that the wider populace involvement is sufficiently protected.

Read the WIPO spin on the coming together here.

Ip Writing Course; Coming Shortly ... The Inta

announced three dates for a half-day course of written report on how to ameliorate your intellectual belongings writing skills. He's pleased to tell that the initial reply has been real good. If y'all convey emailed to limited your involvement or to assay farther data simply convey non soundless received a response, y'all volition produce together with thus inside the adjacent twosome of days.

website.

Keywords, Codes As Well As Balls

Google keyword illustration – instantly inwards Israel

CNet reports that the latest merchandise score dispute involving Google selling advertising keywords to somebody other than the merchandise score possessor is taking house inwards Israel. The activity is beingness brought past times wearable companionship Matim Li, which is seeking $530,000 inwards damages.

is certain that there’s a cracking lesson to move learnt from the dissimilar handling that the keywords cases arrive the diverse dissimilar jurisdictions – he’s simply non certain what it is yet.


Judge inwards feel of humor daze (continued)

was kicking himself for non having noticed the surreptitious code inwards the Da Vinci Code judgment, until he realised where he’d gone wrong. The BAILII version of the judgment has the seemingly random italicised ‘typos’ corrected, rendering the code invisible. If you lot desire to run across the code inwards all its glory, stimulate got a hold off at the Court Service version.


FIFA loses inwards Germany

IOL reports that FIFA has lost a illustration against Ferrero earlier the Federal Court inwards Karlsruhe. The courtroom flora that FIFA can’t halt other undertakings from using WM 2006 (which translates every bit World Cup 2006), WM Deutschland (World Cup Germany) in addition to Fussball WM Deutschland (Football World Cup Germany).

would similar to run across a sensible approach taken here. While it’s rather hateful to halt other undertakings referring to a national event, the role of such price inwards the typeface used past times FIFA could wrongly propose that the user is an official sponsor, which would mislead the public.

Code Of Honour

Baigent too Leigh v Random House - the Da Vinci Code copyright infringement illustration (blogged here, here and here by the IPKat). You tin sack read this storey for yourselves inward The Daily Mail, The Guardian too The Times, amid others.

Left: to a greater extent than essential copyright reading for Peter Smith J (above).

has no wishing to duplicate that which has already been too therefore good covered. He volition bound himself to the comment that this is non the outset illustration inward which a approximate has written something that no-one tin sack understand. Merpel wonders, inward a mutual police describe jurisdiction such every bit England, is the code a binding precedent ...?

Enigma code here - though it wasn't actually such a tough nut to fissure for anyone who read the patents ...
Another IP illustration where the judgment is written inward code here

Be Sort To That Troll ...

Be form to that patent troll, he mightiness only endure an inventor

has only had a abrupt thought, sparked off past times reading Duncan Bucknell's slice on strategic responses to patent trolls. The abrupt bolt of lightning is this: we've got a major occupation of discrimination correct now, caused past times people existence besides 'trollist'.

Every entity that owns in addition to licenses patents, without genuinely making anything, is capable of falling inside the course of written report of entities called "patent trolls". The concept is a vivid ane - nosotros all know that trolls are evil creatures from Nordic folklore who command essential facilities in addition to brand demands of those who would purpose them. The give-and-take "troll" inwards English linguistic communication also resonates amongst "toll", a taxation levied on an unwilling payee. What ameliorate means to stigmatise a mortal who charges rent for the purpose of a patent than to telephone weep upwards him a patent troll?

The same phenomenon appears amongst the unpopular give-and-take "landlord", suggesting some powerful baron who volition batter downward doors in addition to fix dogs upon uncooperative tenants, exercising the jus primae noctis against their daughters (and sons, the Kat supposes, this existence the 21st century). But the landlord (or landlady) is to a greater extent than probable to endure an elderly pensioner, letting out a spare room for a fleck of much-needed cash than a propertied demon/racketeer.

Left: some trolls tin forcefulness out endure quite cuddly - thus let's non endure trollist

What the IPKat is getting to is this: the commercial human relationship of patent licensee to licensor should endure both judged in addition to regulated past times clear in addition to fair legal criteria rather than past times name-calling in addition to stigmatisation. The small-time inventor who creates in addition to patents a small-time inventor but lacks the resources to brand it, the academy enquiry squad whose academic brilliance extends the boundaries of scientific discipline but does non extend to the arts of industry in addition to marketing, the pension fund that invests inwards intellectual belongings rather than solid reason or part equities - are these all trolls?

What's more, if you're going to endure a nasty, evil troll, it's light-headed using patents to hitting other people over the caput with. For ane thing, their term is express in addition to highly vulnerable to challenge for invalidity; for another, they're expensive fifty-fifty for trolls to litigate. Also, abuses of monopoly ability are plain of written report to such devilish devices every bit compulsory licence applications in addition to contest laws. Finally, people accept been known to invent some inconvenient patents.

Merpel adds: it's strange, but a fellowship that has States of America or European patents, but manufactures nether them past times outsourcing to a province where sweat-shop labour is dirt-cheap in addition to legal rule of labour in addition to the surroundings is all but non-existent, seems to instruct far less criticism than a draw organisation that creates or buys patents - presumably from people who willingly sell them - in addition to thus charges for their use.

Right: never a groovy speller, Merpel struggles to grasp the departure betwixt 'sweat shops' in addition to 'sweet shops' ...

To conclude, no-one wants to encounter patents lying idle, or existence used every bit tools of extortion - but let's retain a feel of proportion when debating the merits of patent ownership in addition to exploitation in addition to non permit the purpose of emotive damage distract us from the existent issues.

Whose Bag Is The Courtroom In? Luxembourg For The Chop

Whose bag is the Court in?

The European Court of Justice has only given its ruling inward Case C-145/05, Levi Strauss & Co. v Casucci SpA, on a reference for from the Belgian Cour de cassation, Belgium.

In 1980 Levi Strauss registered inward the Benelux its ‘mouette’ (seagull) mark, a blueprint represented past times a double row of overstitching curving downwards inward the middle, placed inward the optic of a pentagonal bag (above, left), for clothes. Casucci position jeans on to the Benelux marketplace bearing a sign comprising a double row of overstitching, curving upwards inward the optic of the dorsum pockets (above, right). Levi Strauss sued for merchandise grade infringement and, having lost at firstly instance, appealed to the Cour d’appel de Bruxelles. That courtroom dismissed the appeal, ruling that at that topographic point was picayune similarity betwixt the ii bag designs in addition to that the mouette grade could no longer last considered to last highly distinctive, beingness comprised of components whose characteristics, which were non inherently distinctive, were instantly mutual to the products concerned owing to their constant in addition to widespread use, the effect of which was necessarily to weaken significantly that mark’s distinctive character.

Levi Strauss appealed to the Cour de cassation, argument that, inward gild to determine whether a grade is highly distinctive, the courtroom should house itself at the fourth dimension when the sign inward enquiry had come upwards into usage – that fourth dimension being, according to Levi Strauss, 1997 – unless (i) the grade had lost its distinctive graphic symbol inward total or inward business office later that fourth dimension in addition to (ii) that loss was fully or partly due to the activity or inaction of the proprietor of that mark. The Cour de cassation decided to remain the proceedings in addition to to refer the next questions to the Court of Justice for a preliminary ruling:

"(1) For the purposes of determining the ambit of protection of a merchandise grade which has been lawfully acquired on the soil of its distinctive character, inward accordance alongside Article 5(1) of Directive 89/104, must the courtroom accept into describe of piece of employment organisation human relationship the perception of the populace concerned at the fourth dimension when usage was commenced of the grade or like sign which allegedly infringes the merchandise mark?

(2) If not, may the courtroom accept into describe of piece of employment organisation human relationship the perception of the populace concerned at whatever fourth dimension later the starting fourth dimension of the usage complained of? Is the courtroom entitled inward detail to accept into describe of piece of employment organisation human relationship the perception of the populace concerned at the fourth dimension it delivers the ruling?

(3) Where, inward application of the standard referred to inward the firstly question, the courtroom finds that the merchandise grade has been infringed, is it entitled, equally a full general rule, to gild cessation of the infringing usage of the sign?

(4) Can the seat last dissimilar if the claimant’s merchandise grade has lost its distinctive graphic symbol wholly or inward business office later starting fourth dimension of the unlawful use, but alone where that loss is due wholly or inward business office to an human activity or omission past times the proprietor of that merchandise mark?".

The ECJ ruled equally follows:

"1. Article 5(1) of ... Council Directive 89/104 ... must last interpreted equally pregnant that, inward gild to determine the ambit of protection of a merchandise grade which has been lawfully acquired on the soil of its distinctive character, the national courtroom must accept into describe of piece of employment organisation human relationship the perception of the populace concerned at the fourth dimension when the sign, the usage of which infringes that merchandise mark, began to last used.

2. Where the competent national courtroom finds that the sign inward enquiry constituted an infringement of the grade at the fourth dimension when the sign began to last used, it is for that courtroom to accept such measures equally bear witness to last the nigh appropriate inward the lite of the circumstances of the illustration inward gild to safeguard the proprietor’s rights deriving from Article 5(1) of Directive 89/104; such measures may include, inward particular, an gild to cease us of that sign.

3. It is non appropriate to gild cessation of the usage of the sign inward enquiry if it has been established that the merchandise grade has lost its distinctive character, inward effect of acts or inactivity of the proprietor, in addition to then that it has instruct a mutual shout out inside the pregnant of Article 12(2) of Directive 89/104, in addition to the merchandise grade has thus been revoked".

does non imagine that merchandise grade owners volition last specially happy alongside this. If a merchandise grade is highly distinctive inward 1997, moderately distinctive inward 1999 in addition to marginally distinctive inward 2001, but has instruct to a greater extent than distinctive in i trial again past times 2003, the ambit of protection volition oscillate in addition to the same unauthorised act, done past times 4 dissimilar competitors, may last an infringing human activity at only about times but non at others. However, equally Merpel observes, a marketplace is non ready inward stone: it is a constantly changing commercial environment. The enquiry is non i of doing judge equally betwixt the 4 dissimilar competitors but of doing judge betwixt the merchandise grade possessor in addition to his competitors inward relation to their consumers at the fourth dimension they are competing.

Distinctive seagull here


Luxembourg for the chop

Another European Court of Justice ruling, L'affaire C-180/05 Commission des Communautés européennes, contre Grand-Duché de Luxembourg, is seulement in French. This way that it doesn't actually count.

Left: Luxembourg, earlier the ECJ ruling ...

If it did count, Grand Duchy of Luxembourg would last inward actually serious trouble. The naughty 'bourgers guide maintain failed to implement la directive 92/100/CEE du Conseil, du xix novembre 1992, relative au droit de location et de prêt et à certains droits voisins du droit d’auteur dans le domaine de la propriété intellectuelle (that's the directive on rental correct in addition to lending correct in addition to on for certain rights related to copyright inward the land of intellectual property), which should guide maintain been business office of Luxy Law since 1 July 1994. For totally in addition to abjectly failing to comply alongside its obligations nether Community law, the ECJ has ordered Grand Duchy of Luxembourg to host the Eurovision Song Contest for 10 consecutive years, next which it volition last turned over to the English linguistic communication equally a preparation solid soil for their football game supporters.

adds, there's only about other thing that Grand Duchy of Luxembourg has failed to implement. That's the unspoken convention that at that topographic point should last something to create later 9pm apart from sitting at domicile in addition to watching the telly. Merpel says, how could those criminals guide maintain got away alongside non implementing the directive for nearly 12 years?
Right: ... in addition to after.