Silent Storytellers

The BBC pays tribute to ghost-writers. These plucky characters order words into the mouths of celebrities, writing the autobiographies of the rich together with famous, together with sometimes fifty-fifty the human inwards the street. However, these unsung spectres produce non begrudge the credit for the stories to those that utilise them. The BBC reports on a conversation amongst Tom Watts, ghost-writer of David Beckham’s autobiography

‘He says: "I was merely delighted for him. It does non affair to me, I accept got a life to larn on with."
Like most ghost-writers Mr Watt, who is currently working on a paperback edition of the mass to include Beckham's hard months inwards Spain, insists the storey does non belong to him.
"Why should David accept a literary voice? I'm the writer. It's merely the need to larn things downwards on paper."’

To the IPKat, this seems similar the antithesis of the copyright ideal. Under copyright law, it’s the aspect that is granted protection together with non the persuasion or storey behind that expression. Moreover, he thinks that it would locomote foreign if ghost-writers who are together with then willing to denounce their part of the credit could assert their moral rights inwards this situation.
Ghost-writers here and here

Campaign For Creativity

Not content alongside beseiging the lobbies of Brussels, Europe's intellectual belongings owners are forthwith campaigning to become the enlarged Continent's usually apathetic voters involved. The Campaign for Creativity claims that at to the lowest degree 17,000 jobs a yr are lost through the ineffective enforcement of intellectual belongings rights inwards Europe. If you lot desire to become the European Parliament to produce anything most it, contact your local MEP candidates as well as meet how tough a describe they're prepared to take.

is surprised that the figure for lost jobs is as well as then low, given the high degree of losses which are estimated every bit beingness attributable to intellectual belongings infringement.

Join the Campaign here.
Find out most MEPs here.

Never Was At That Spot Written A Truer Discussion

The "essential function" of the merchandise rank is a concept inward European merchandise rank constabulary that has featured prominently inward European Court of Justice jurisprudence since the 1980s. We all know that the essential component subdivision is

"to guarantee the identity of root of the marked goods or services to the consumer or terminate user past times enabling him, without whatever possibility of confusion, to distinguish the goods or services from others which bring merely about other origin" (Case C-206/01, Arsenal five Reed, at para.48).

One lastly yr Law pupil at University College, London, was non impressed past times this. When answering a query inward this year's Finals, he explained that the "essential function" of the merchandise rank was

"to enable the proprietor of a merchandise rank to obtain a monopoly inward it".

Who says students are also steeped inward theory to live able to empathize the practicalities of commercial life!

asks if anyone browsing the weblog has a Definition of the "essential function" that tin cap this i for accuracy in addition to succinct expression. If so, delight post service it below. H5N1 pocket-size prize is on offering for the best non-anonymous suggestion.

Hello Lolly

The BBC reports that Barbara Streisand has lost her privacy adapt against Kenneth Adelmann, a retired software engineer, in addition to must right away pay his expenses. Ms Streisand had sued Mr Adelmann for $10million afterwards he posted aerial photographs of Streisand’s Malibu mansion on a conservation website. Adelamann has said that he was posting the photographs equally business office of a consummate photographic tape of the Californian coastline in addition to that, since Streisand’s identify was on the coast, it was business office of the project. Her fame, he argued, did non title her to particular treatment. Streisand withal claimed that her security was order at opportunity since the pictures, which showed details of her estate that could non live on seen from the street, could worsen an already existing occupation alongside stalkers.

While the IPKat acknowledges that conservation projects in addition to the similar tin live on of import in addition to celebrities should non live on entitled to order a destination to them merely because their holding is involved, he feels that at that spot is a skillful ground for according celebrities particular handling where their security is at risk.

Barbara Streisand here, here in addition to here
Californian coastal records projects here and here

Original Electrical Load From Unoriginal Student

The Register reports that a pupil who was booted off his marking shape for plagiarism is to sue the university. He says tutors at the University of Kent should stimulate got spotted what he was doing too stopped him sooner. Michael Gunn, a 21-year-old English linguistic communication student, freely admitted using fabric downloaded from the network to consummate his assignments. He told The Times newspaper:

"I jibe my hands up. I did plagiarise. I never dreamt it was a problem".

His problem, then, is non that he was caught, exactly that he was caught also late. He argues that the academy should stimulate got warned him of the consequences earlier.

"I tin meet in that place is testify I stimulate got gone against the rules. But they stimulate got taken all my coin for iii years too pulled me upwards the twenty-four hours before I finished. If they had pulled me upwards alongside my foremost attempt at the begin too warned me of the problems too consequences, it would travel fair enough".

University government wouldn't comment straight on the representative exactly stressed that the university’s policy is really clear on the subject. David Nightingale, the deputy vice-chancellor said:

"All students are given clear guidelines every bit good every bit practical advice too back upwards every bit to what constitutes plagiarism. These piece it out that it is non acceptable nether whatever circumstances."

has niggling sympathy for Gunn’s position, exactly wonders whether the University is every bit worried virtually the originality of its ain lectures every bit it is virtually the originality of its students' essays.

Essay banks here and here
Cheating at academy here
Déjà vu here
Ten ways to attain out alongside slowly lectureshere

Lindows Iii Microsoft 0

The Register reports that Lindows has won a fry victory inward the Netherlands. Judge Sj. A. Rullmann has held that Lindows is entitled to piece of job the give-and-take “Lindows” equally a companionship name. Although the companionship changed the lift of its operating arrangement inward the wake of a challenge past times Microsoft, based on Microsoft’s Windows operating system, it retained Lindows equally its companionship name. It appears that it has immediately been vindicated inward this decision.

thinks that although this is expert intelligence for Lindows, it may non hold out of much piece of job to them, since the existent selling dot of the Lindows lift is the parallel it draws betwixt the Linux-based production in addition to the Windows operating system. Unless Lindows tin hold out used equally a merchandise score for operating systems, this parallel cannot hold out straight drawn.

More fry victories here in addition to here

Ipkat Translation Watch

Another merchandise score instance has flora its trend on to the ECJ website simply without an English linguistic communication version: Peak Holding AB 5 Axolin Elinor AB. This is an Opinion of Advocate General Stix-Hackl on a reference concerning Article 7(1) of the merchandise score harmonisation directive (Council Directive 89/104), which deals alongside exhaustion of rights. Does anyone know what it's about? Nb It's non available inwards Danish, Greek, Dutch, Finnish or whatever of the nine languages of the novel Accession States.

Lindows 2: Microsoft 0

The Lindows saga rolls on equally the Register here, here together with here

Naked As Well As Upside Down

The BBC here
More on rollercoasters here, here as well as here

Last Stradivari Pulls Strings Inwards Cremona Court

The Sunday Telegraph reports that Antonia Stradivari, the concluding descendant of the Italian principal violin-maker here and here; brand your ain violin here and here

Holiday Makers To Watch Greek Jails?

The BBC reports that the IFPI is alert vacation makers that they could hold upwards jailed for purchasing pirated CDs inwards Greece, ahead of the Olympic Games inwards August. The grouping has announced its intention to target private buyers in addition to says it has the back upwards of the Greek authorities. In fact, a buyer was sentenced final calendar week to iii months imprisonment afterward he was constitute buying ii illegal CDs. This was the outset fourth dimension an private buyer had been jailed inwards Greece. The IFPI has explained that its previous policy was to larn afterward vendors. However, afterward finding that the Greek government were solely handing them suspended sentences, it decided to pursue private purchasers instead.

While the IPKat realises that buyers should know ameliorate than to purchase copyright-infringing CDs, he thinks imprisonment for private purchases is rather harsh. He’s too disturbed past times the inequality of vendors getting suspended sentences spell private purchasers are targeted for jail sentences.

’s thoughts on the affair here

Watch That French Cuisine, Nurse

Earlier this calendar week inwards Tillery Valley Foods v Channel Four Television [2004] EWHC 1075 (Ch) Mr Justice Isle of Man refused to grant an interim injunction to destination the broadcasting of a boob tube programme which, Tillery alleged, contained confidential data that should non endure publicly aired. Tillery, a subsidiary of French fellowship Sodexho that supplied nutrient to National Health Service hospitals, had been suspected of failing to comply amongst wellness in addition to hygiene standards. Channel Four proposed to broadcast a programme, based on investigative journalism, which contained secretly filmed footage taken past times a journalist who worked undercover equally an employee of Tillery.

Refusing to grant an injunction, the Court took the thought that at that topographic point was no confidential data to protect. Taking the thought that this was a defamation activity inwards disguise, the courtroom considered that the filmed activities did non include anything that could endure characterised equally confidential, for instance merchandise secrets. There was also a human rights issue: nether the Human Rights Act 1998, s.12(3) no injunction would endure granted to foreclose publication where at that topographic point was lilliputian likelihood of Tillery succeeding at the amount trial.

notices that at that topographic point is a fragile residuum of competing populace interests on these facts. There is an obvious populace involvement inwards protecting infirmary patients against beingness poisoned past times bad food; precisely at that topographic point is a countervailing populace involvement inwards patients non beingness discouraged from eating nutrient without which their recovery may endure hampered.

Hospital dinners here and here
Sinister ingredients here

Well Done, Ohim

has been playing to a greater extent than or less amongst the improved version of the search facilities that OHIM (the Office for Harmonisation inwards the Internal Market) runs for decisions of the Boards of Appeal, the Opposition Divisions and the Cancellation Division. You tin search decisions yesteryear all sorts of lovely categories such every bit merchandise rank class, legal footing for the determination in addition to existent text (this concluding facility enables you lot to search cases yesteryear mention of party, mention of illustration or anything else that takes your fancy). Well done, OHIM!

Searching here, here and here

Ambush Marketing

is doing a niggling question on ambush marketing. It seems to him that it's been given a rather bad refer together with that, if it's done properly together with doesn't confuse the consumer, it's truly a useful, pro-competitive together with entertaining tool for bringing products together with services to the attending of the public.

Can whatever of our readers come upward up amongst a bright, cheerful together with morally neutral term past times which "ambush marketing" tin ship away move referred without whatever feel of insult or stigma? Something similar "opportunity marketing", perhaps, solely better. Please post your suggestions below.

More on ambush marketing here, here and here
Ambushes here and here
Hambushes here and here

Epidoc Magazine Gets Appear Upwards Lift

The INPADOC Patent Gazette has been given a face-lift, every mo constituent of the European Patent Office's mandate to increase the character of its services. INPADOC , the patent data arm of the EPO, is immediately providing its newsletter online in the 3 official languages of the EPO: English, High German in addition to French.

likes the novel interior lay-out (the type facial expression upward is build clean in addition to slow to read), simply he's non in addition to thence dandy on the acres of light-green ink that characteristic in addition to thence heavily on the publication's cover: they brand the newsletter experience similar an pamphlet on the joys of ecology.

The hidden pregnant of coloring here
Mwanings of light-green here, here and here
Meaning of greens here

Ipkat Patent Of The Calendar Month May 2004: Fur From The Maddening Crowd

is pleased to welcome dorsum an onetime favourite – patent of the month. Feeling lonely? Do you lot constantly crave the fellowship of someone minor together with furry? Then May’s Patent of the Month is for you. According to the claim:

“An object of the innovation is to supply pet display wearable having ane or more, at to the lowest degree partly transparent, enclosed, pet receiving, passageways or tunnels extending across a surface thereof together with thus that pets traversing the passageways or tunnels tin sack last viewed past times a spectator spell the wearable is worn past times a person”.

This pet display vest allows you lot to accept your best friend everywhere. Don the vest together with Nibbles the hamster volition last able to satisfy his exhibitionist tendencies spell you’ll last condom inwards the cognition that he is a happy niggling rodent.

More exhibitionist hamsters, here, here, here and here