Tech Transfer Rules Ok; Iii From The Cfi

Tech transfer rules OK

has been dipping into the latest OUP IP title, Technology Transfer together with the New European Union Competition Rules: Intellectual Property Licensing afterward Modernisation, a venture trivial (by recent OUP standards) mass yesteryear Steven D. Anderman and John Kallaugher.

According to the website blurb, this piece of work is "a timely exam of the completely revised EC contest police line government for intellectual holding licensing". Although the Kat couldn't uncovering a tilt equally to the appointment of currency of the police line equally expressed inwards the mass , he doesn't intend this is a problem. The text seems pretty electrical flow and, to hold upward frank, the police line changes rattling slow inwards betwixt novel Block Exemptions. The fastest thing around is the speed at which the Commission changes its take away heed equally to how it tin flame best impairment IP exploitation inwards the get upward of contest - but that's the bailiwick for some other book.

Probably the best thing inwards this mass is its approach to old illustration law. Unlike many other areas of law, the IP/competition interface is non receptive to abrupt overnight shifts since IP licences together with other contractual provisions may course of written report travel of a long-term human relationship betwixt parties that evolves inwards reply to marketplace forces, technological modify together with and then on. This mass gives an appraisal of old cases (and, yesteryear implication, of arrangements made inwards reliance on them) together with then that businesses together with their advisers tin flame assess whether existing agreements comply amongst the novel law.

Since one May 2004 the novel Technology Transfer Block Exemption Regulation has pushed the burden of policing European Union tech transfer from the Commission to businesses themselves.

Left: Steve Anderman; right: John Kallaugher

If nix else, the take away to shoulder this burden should ensure that sales of this well-constructed blend of the existent together with the surreal volition stay buoyant for some fourth dimension to come.

Bibliographical details. Price: £95. Format: hardback. Current ISBN-10: 0-19-928214-5; hereafter ISBN-13: 978-0-19-928214-2. Length: xx + 372 pages (the existent text finishes on p.289 - the residual is appendices). Rupture factor: middleweight.


Three from the CFI

The Court of First Instance of the European Court of Justice has given 3 decisions today. They are, inwards brief:

* Case T‑202/04, Madaus AG v OHIM, Optima Healthcare Ltd (application to register ECHINAID for Class v pharmaceuticals unsuccessfully opposed yesteryear holder of before international registration of ECHINACIN for goods inwards the same Class. The Opposition Division, the Board of Appeal together with the CFI all agreed that "echina-" was brusk for the found "echinacea", which was descriptive together with that the average well-informed consumer who knew nearly echinacea would focus on the suffix instead). hopes to goodness that neither score is used for anything that is fatal if taken accidentally, since he confused the 2 words nearly half-dozen times when reading the determination - together with he knew nearly echinacea inwards the outset place).

* Case T-344/03, Saiwa SpA v OHIM, Barilla Alimentare SpA (Barilla applied to register the SELEZIONE ORO figurative mark, right, for Class xxx pasta together with similar products; Saiwa opposed, citing before Italian together with international registrations of the discussion marks ORO together with ORO SAIWA for many Class xxx goods but non specifically pasta. The Opposition Division together with the Board of Appeal agreed that in that location was no likelihood of confusion but, piece the old idea the goods different, the latter deemed them identical. The CFI dismissed Saiwa's appeal despite agreeing that the respective goods were identical and/or highly similar). notes that, inwards this illustration involving pasta, the CFI's registrar was the aurally confusing Mr Pastor ...

* L’affaire T-388/04, Habib Kachakil Amar v OHIM, is inwards French together with Castilian only. It involves an application to register the device on the left inwards honor of "vêtements, chaussures, chapellerie, en particulier chaussures de sport". There seems to conduct maintain been a occupation amongst lack of distinctiveness together with the applicant's appeals conduct maintain all been rejected. If whatsoever IPKat reader tin flame shed some lite on this case, he'll hold upward exceedingly grateful. Merpel adds, the sign looks similar a cross betwixt a Rorschach inkblot and a Nike swoosh to me.