First Draft Of Trademark Police Pull Treaty Revision Agreed

Managing Information reports that the WIPO Industrial Designs too Geographical Indications (SCT) has agreed on a text which volition assort the basic proposal for negotiations relating to the revision of the Trademark Law Treaty. The draft volition live on discussed at the Diplomatic Conference for the Adoption of the Revised Trademark Law Treaty to live on held inward March 1996. In particular, the revisions aim to direct maintain into concern human relationship technological developments which are relevant to merchandise order registration. These include provisions on electronic filing of trademark applications too associated communications, the formalities concerning the representation of all types of marks, including visible signs (and sure enough forms of visible signs, such equally hologram marks, colouring cloth marks, lay marks or motion marks) likewise equally non-visible signs. Also included are provisions concerning the recording of trademark licenses, relief measures when sure enough fourth dimension limits direct maintain been missed, too the institution of an assembly of the contracting parties. Additionally, a preparatory coming together for the diplomatic conference has agreed that concerned regional such equally OHIM too ARIPO volition live on entitled to attend the March 2006 diplomatic conference.

All the colours of the rainbow may live on graphically representable – only is the futurity brite for their distinctiveness?

says that it’s all really good to handgrip on how these “non-traditional” types of merchandise marks tin give the sack live on recorded, only he has doubts over whether many of them are truly capable of distinguishing the goods of an labor from those of other undertakings (and thus acting equally a merchandise mark).

It's Solely A Game ...

Joint IPKat primary Jeremy is making some notes for a newspaper he hopes to deliver around the goal of the yr on the relevance of game theory inwards intellectual belongings law. He is working on the theory that, if IP registration, licensing too infringement were subjected to game theory, we'd all larn a much ameliorate thought how the arrangement worked too why it's sometimes to a greater extent than worthwhile beingness an owner, sometimes an infringer. If anyone has whatever vivid ideas or tin recommend whatever prior fine art on this subject, he volition survive thrilled to listen from them. Just write to Jeremy here.

Game theory: why at that topographic point are ever winners too losers, whatever the dry reason of IP law

PS Jeremy would similar to give thank you lot those of you lot who wrote inwards amongst thoughts on summary judgment inwards IP litigation. His article is forthwith nearly 3,000 words long too growing. When it's ready, it'll survive available for preview, every bit usual.

More on game theory here, here and here
Winning at Monopoly here and here
Lose at monopoly here
Antimonopoly here
Totopoly here
Rolypoly here

An Unparalleled Attraction?

The series of talks as well as seminars hosted past times the Queen Mary Intellectual Property Research Institute continues unabated. The side past times side resultant is this coming Thursday, General Election 24-hour interval inwards the United Kingdom, when the QMIPRI welcomes Christopher Stothers (Milbank Tweed). Christopher volition last speaking on "Parallel Trade, Competition Law & Intellectual Property". The venue is the lovely Dean Rees House, Charterhouse Square. The resultant runs from 5.30-7.00pm amongst lots of fourth dimension for questions as well as vino ... If you're interested inwards attending, click here to permit the Institute know.

IP imposes bars on parallel merchandise -- only mental gymnastics past times lawyers tin overcome close problems

Latest Ip&T Cases

The newspaper version of the Apr 2005 termination of Butterworths' Intellectual Property as well as Technology Cases has immediately been published (the cases inward this termination accept long been published online every bit business office of the LexisNexis IP&T package). Cases featured inward this termination are

* Rockwater Ltd v Technip French Republic SA: the Court of Appeal patents determination that emphatically engages the inquiry "what is a nerd?";

* Kirin-Amgen v Transkaryotic Therapies: the House of Lords example on non-exact patent infringement inward which Lord Hoffmann to a greater extent than or less says that the onetime Improver evidence of infringement is correct except when he says it isn't;

* Kaul GmbH v OHIM, a Court of First Instance determination on Community merchandise score police describe that seeks to strength the Boards of Appeals' manus inward having to consider evidence that was non placed earlier the examiner inward the offset place;

* Frischpack GmbH v OHIM, some other CFI decision, this fourth dimension dealing amongst the deservedly unregistrable cheese container CTM application

is impressed at the mode IP&T gets its cases out chop-chop as well as efficiently, then oft grouping them conceptually too. Merpel likes the shiny dark encompass ...

Click here for about 48,000 hits from Google Image corresponding to the give-and-take "nerd" ...
... as well as here for 8 acronyms of NERD

Advertising Ban Goes To Europe's Hidden Court

The EU's Official Journal reports that in that place has been a asking for an Advisory Opinion from the EFTA Court past times the Norwegian Markedsrådet (Market Council) inward the instance of Pedicel AS v Sosial- og helsedirektoratet (Case E-4/04). The questions asked of the EFTA Court are every bit follows:

1. Since vino is non included inward the production coverage of Article 8(3) of the EEA Agreement:
should the Agreement — including Article xviii as well as Article 23 cf. Protocol 47 — hold upwards as well as hence understood that Article xi and/or Article 36 are applicable to wine?
2. Should Article xi and/or Article 36 of the EEA Agreement hold upwards as well as hence understood that they are applicable to national legislation that contains a full general prohibition against the advertising of alcoholic beverages, such every bit inward the Act on the sale of alcoholic beverages, department 9-2 et al.?
3. If enquiry 2 is answered inward the affirmative: Can such a prohibition however hold upwards maintained out of concerns for world health, as well as if so, is it inward conformity alongside the proportionality regulation of EEA law?
When answering this question, it should hold upwards indicated to what extent the application of a full general precautionary regulation inward this champaign would hold upwards inward conformity alongside the instance constabulary of the EFTA Court/Court of Justice of the European Communities.

ever gets excited when questions are referred to the EFTA Court, since it's i of Europe's forgotten courts. Advertising bans are bad for consumers, at to the lowest degree to the extent that they deprive them of data they demand when making their buy decisions. They're also bad for construct owners, whose valuable assets cannot hold upwards promoted profitably inside the virtually natural medium for them. Merpel says, "advertising bans are all a flake irrelevant these days, aren't they, since whatever is banned inward the majority media is to a greater extent than oft than non available over the network anyway".

EFTA Court here
More on bans on advertising alcohol here, here and here

No Reference On Dosage Differences For Ecj

Here's ane from today that BAILII did selection up: R (on the application of Merck Sharp & Dohme Ltd) v Licensing Authority [2005] EWHC 710 (Admin), an Administrative Court ruling of Mr Justice Moses.

Merck held marketing authorisations for 3 medicinal products used to process osteoporosis. The commencement of those products ("A") was authorised past times the European Community inwards 1993, piece the 3rd ("B") was authorised inwards 2000. Three generics companies sought marketing authorisation for a generic production ("C") which was a re-create of B. Under Directive 2001/83 an applicant for marketing say-so has to provide a amount laid of information inwards gild to demo the security as well as efficacy of the product, simply non inwards for sure circumstances inwards which it could squall to information submitted inwards observe of a previously authorised product. Where authorisation was sought for a production ‘essentially similar’ to to a greater extent than or less other production authorised for (in the UK) x years, nether Art.10(i)(a)(iii) of the directive, an applicant could squall to information already submitted inwards observe of the other authorised product.

The generics companies relied on the information submitted on Influenza A virus subtype H5N1 as well as B inwards seeking marketing authorisation for C. Although Influenza A virus subtype H5N1 as well as B contained the same active ingredient, they were non essentially similar inside the important of the directive, since their schedule of dosage differed. The Licensing Authority accepted that the generics companies were non required to submit whatsoever farther data, simply Merck argued that such an approach was unlawful as well as sought a reference to the European Court of Justice (ECJ). In Merck's sentiment this final result was every bit however unresolved, especially alongside regard to differences inwards dosage.

Moses J dismissed Merck's application, belongings that the principles enunciated past times the ECJ inwards the before decisions (Case C-368/96 R v The Licensing Authority ex parte Generics, 3 Dec 1998, Case C-106/01 R (on the application of Novartis Pharmaceuticals United Kingdom of Great Britain as well as Northern Ireland Ltd) v The Licensing Authority, 29 Apr 2004 as well as Case C-36/03 Approved Prescription Services Ltd v The Licensing Authority, nine Dec 2004) were clearly applicable inwards this case. Although it was truthful that a alter inwards dosage had non been considered before, it was for the courtroom of judge to translate the EC Treaty as well as the relevant principles past times which it was to hold upward interpreted, as well as for the domestic courtroom to apply those principles to the exceptional case. No novel final result of regulation arose inwards this case.

knows how much coin is at stake when a proprietary pharma production is handed to the manufacturers of generic products. That's why companies similar Merck detect it as well as therefore efficacious to purchase fourth dimension past times pressing fifty-fifty fairly weak arguments every bit far every bit they tin go. Merpel says, simply doesn't Merck brand generic products too?

More on generics here, here and here

Microsoft Volition Convey To Brand Patent Information Available

Reuters reports that the European Commission Competition Director General Philip Lowe has said that Microsoft volition guide maintain to let out details of its patents inwards guild for the Commission to impose antitrust sanctions against it. Microsoft must license interoperability data to competitors. The Commission found that Microsoft was failing to create this. In guild to works life acceptable licence terms, Lowe has said that the Commission needs to know what of the data needed for interoperability is protected yesteryear patent in addition to hence deserving of remuneration in addition to what of the data is inwards the populace domain in addition to hence should last available gratuitously.

wonders if this highlights a occupation amongst the mode inwards which data abut patents is made available yesteryear patent offices. After all, the whole betoken of patenting is to brand the data contained inwards the specification available to the public.

Interoperability – the floor in addition to so far here

No Postulate For Temporary Advert Change, Rules Judge

This came today from LexisNexis' Butterworths All England Direct subscription-only service: European Healthcare (East) Ltd v Gosai as well as another, a Chancery Division determination of Judge Rich QC, sitting equally a deputy judge. It hasn't nonetheless reached BAILII, which is the fate of almost small-time cases that accept an interim flavor to them.

Gosai worked for a companionship (the minute accused company), besides providing certainly facilities for it. That company's possessor afterward sold the sole percentage inwards it to European Healthcare, which changed the comnpany's advert to its own. Gosai alleged that, earlier the transfer, he made an organization amongst the possessor of the minute defendant, past times which the sole percentage as well as 20% of that company's profits would move transferred to him inwards furnish for the move he had done for the company. Gosai afterward claimed he had a claim against the company.

European Healthcare sued Gosai as well as the company, seeking an interim injunction to halt them from trading inwards the advert of the minute accused as well as to guild each of them to modify that company's name. European Healthcare besides sought delivery upwards of certainly documents which, it said, belonged to the minute accused as well as had been inwards Gosai's possession piece he was working for that company. Gosai said he had a lien over the requested documents nether to his organization amongst the company's onetime owner.

Judge Rich QC ordered delivery up.

* Gosai said he did non object to the making of such an interim injunction against him pending trial. Accordingly, the courtroom would grant the injunction, amongst freedom to Gosai to utilize to vary or discharge the order.

* Under the circumstances, it was unnecessary to need Gosai's onetime companionship to modify its name. It was self-evident that the documents requested past times European Healthcare belonged to it as well as were reasonably necessary for the efficacious carrying on of its business. Even if Gosai had a quantifiable claim against the company's previous owner, such a claim solely gave him a correct against that individual but did non extend to a correct against European Healthcare. In whatsoever event, since nether the alleged understanding Gosai's rights did non arise until after May 2005, in that place was no introduce claim against which such a lien could exist.

* Delivery upwards would move ordered inside fourteen days amongst freedom to the defendants to utilize to vary or discharge the order.

loves these picayune intrigues, but wonders what the advert of the mysterious companionship is as well as what it would accept to move changed to. It's simply as well as thence stuffy when police reporting convention demands the purpose of ho-hum descriptors similar "claimant" as well as "defendant", when the parties' names are commonly easier to remember.

Company advert changes here
A naming weblog here

Construction Of Contract Stops Summary Judgment

Here's roughly other example that turns on the availability of summary judgment: General Alarms Ltd v Time Rapid Prototyping Solution Ltd, decided yesterday inwards the Chancery Division yesteryear Mr Justice Etherton (not nonetheless available on BAILII but i time once to a greater extent than scooped yesteryear Lawtel).

General Alarms, a concern that designed as well as supplied armed services equipment, tendered for the render of an optical sight to a Swedish fellowship as well as contracted amongst Time to create for certain drawings as well as models for them. After Time delivered the drawings as well as models, a dispute arose over payment. Time argued that the contract incorporated its measure weather condition of sale, which provided that every bit a effect of General Alarms' failure to pay the sums due, Time retained championship of the goods supplied. Accordingly, Time argued, General Alarms were non entitled to the copyright or blueprint correct inwards the design, drawings or models. General Alarms sued for a proclamation that they owned the IP rights nether the Copyright, Designs as well as Patents Act 1988 s.215(2), or that at that topographic point was an implied term that Time would assign to them whatsoever copyright as well as blueprint correct they powerfulness have.

Time to haggle over contract damage should live on when they're negotiated, non when they're existence litigated

Etherton J refused General Alarms' application, holding that it was impossible, on an application for summary judgment, to dismiss Time's declaration that its measure damage as well as weather condition governed the facts as well as to say that this defense had no prospect of success.

observes that non all judges lead maintain the same stance of contract-based defences where summary judgment is sought. Influenza A virus subtype H5N1 example to contrast amongst this i is Experience Hendrix v Purple Haze (Chancery Division, 24 Feb 2005), where Mr Justice Hart gave summary judgment in the confront of the defendant's admittedly obscure (but arguably arguable) contract-based submissions. Merpel wonders, without having seen the contract starting fourth dimension hand, how a retentiveness of championship clause could inwards regulation extend to intellectual property.

The thief of fourth dimension here , here and here

New Improver To Chinese Ip Park

has come upwards across a new agency of promoting IP inwards the Shanghai Star. As role of national celebration of World Intellectual Property Day (the IPKat for certain indulged inwards jelly too balloons on 26 Apr – didn’t you?), Shangai is promotioning IP rights all this week. H5N1 fundamental characteristic of the motion is the institution of a patent telephone commutation centre which volition hold out ready at the Shanghai Intellectual Property Park. The green was opened equally role of end year’s marker of World IP Day too provides services such equally innovation, transformation, intellectual belongings rights application too safeguarding too didactics of IP rights.

A house for IP lawyers to roam free…

thinks that this is a proficient too informative agency of making IP accessible to the people though he thinks that a populace green-space devoted to an IP topic where overworked IP lawyers could become to frolic would hold out far to a greater extent than fun. Merpel wants to know, create visitors to the green larn to walk with patented petunias, copyrighted camellias too merchandise marked tulips?

More parks to the IPKat’s liking here too here

There's No Restraining Nokia, Says Courtroom Of Appeal

It's non nonetheless available on BAILII, but the Court of Appeal's determination inwards Nokia Corporation v Interdigital Technology Corporation yesterday has already been snapped upward past times the Thomson-owned Lawtel subscription-only service.

This was an appeal past times Interdigital against Mr Justice Pumfrey's refusal to gild (i) Nokia non to pursue for certain applications inwards the USA courts, (ii) a proclamation that regain sought inwards the USA applications was irrelevant to whatever number inwards U.K. patent proceedings or (iii) a remain of the U.K. proceedings pending the resultant of an arbitration betwixt the parties. In the application earlier him Pumfrey J concluded that a determination every bit to whether to confine the USA applications was non a mere illustration management decision. For the courtroom to interfere, Interdigital needed to present at that spot had been abusive remove on Nokia's business office that had prejudiced it. On the facts earlier it, at that spot was no bear witness of an abuse of process. FurtheHe every bit good held that, land it was unlikely that the textile requested inwards the USA applications would endure of relevance to the U.K. proceedings, that possibility could non endure excluded. Nor, inwards his opition, was at that spot whatever terra firma for a remain of the proceedings.

Interdigital: may endure appealing to their customers but non to the Court of Appeal

The Court of Appeal dismissed Interdigital's appeal. The alone argue Interdigital applied for a remain was to influence the arbitration proceedings, which was non a expert plenty reason. Interdigital had to present a expert argue for the remain in addition to the guess was right inwards finding that it had non done so. Further matters that the guess had dealt amongst had perish irrelevant since the judge's gild because the arbitration had been concluded, but Interdigital had failed to present that the guess had erred inwards whatever way.

ever glazes over a niggling when cases of this course of teaching come upward up, especially when they are in addition to then heavily subject on facts which (for the sake of convenience in addition to speed) are to a greater extent than oftentimes than non omitted from newsy summaries. Still, it's worth remembering that applications for stays in addition to suchlike bring a potent equitable terra firma to them: the courts volition reckon what is fair in addition to right on the facts, rather than read the answer from the text of a lawbook.

Discover Lawtel here. To subscribe to Lawtel click here; for complimentary trial click here.
More on stays here, here and here

Case Refreshes The Parts Other Copyright Lawyers Can't Reach

On Sunday, the Sunday Business Post reported that the Irish Gaelic companionship Sonarstate is contemplating suing Heineken as well as its advertising agency, McCann Erickson, for copyright infringement. Sonarstate claims that the Speakerhead graphic symbol used inwards Heineken’s “Where’s your caput at?” crusade infringed its copyright inwards the Speakerboy graphic symbol that Sonarstate used inwards its marketing crusade which involved Eircell as well as Sony Music. It is idea that Sonarstate was planning to purpose the Speakerboy graphic symbol inwards its adjacent circular of advertising.

is interested to run into how this ane goes. In particular, he volition hold out interested to know whether in that place volition hold out whatever give-and-take of whether fictional characters tin hold out protected past times copyright – ever a controversial issue.

Past Heineken advertisements of banking concern complaint here, here as well as here

Aippi Proceedings

has but received from his quondam together with distinguished friend István Gödölle a re-create of the 31st number of the Proceedings of the Hungarian Group of AIPPI. The Hungarian grouping has a tape of long together with enthusiastic commitment to the analysis of alive issues inward intellectual property, fifty-fifty during the nighttime days of the Iron Curtain. It is thus amongst pleasance that the IPKat reviews this latest offering. Recommended features include

* "Changes inward the Trademark, Design together with Patent System subsequently the European Union Accession" (reprinted from Danubia's Spring 2004 IP Newsletter);

* Dr Alexander Vida's article, "Imitation of Distinctive Signs: Trademark Law and/or Competition Law?"

* Dr Peter Lukácsi on "Comparative Advertising inward Hungarian Law".

The English linguistic communication text has been revised past times Timothy R. Holbrook (Chicago-Kent College of Law), who has managed to ensure that the translations are intelligible without e'er losing their Hungarian flavour.

The Hungarian AIPPI doesn't appear to convey a website, though it does convey a telex (has whatsoever reader of this spider web log e'er used a telex?). Probably the best mode to contact the grouping is past times phoning +36 i 353 1661 or past times faxing +36 i 353 1780.

Finest Rip-Offs?

received today an unsolicited electronic mail which carried the next text:

Get the Finest Rolex Watch Replica !

We solely sell premium watches. There's no battery inwards these replicas simply similar the existent ones since they accuse themselves every bit you lot move. The minute mitt moves JUST similar the existent ones, too. These master copy watches sell inwards stores for thousands of dollars. We sell them for much less.

- Replicated to the Smallest Detail
- 98% Perfectly Accurate Markings
- Signature Green Sticker w/ Serial Number on Watch Back
- Magnified Quickset Date
- Includes all Proper Markings
https://elblogdenmaria.blogspot.com//search?q=">here
Fake ants here

Latest European Merchandise Rate Representative Reports

The May 2005 termination of the European Intellectual Property Review has straight off emerged, a lilliputian early. It exceptional focus is on the registrability of so-called “non-traditional” merchandise marks, amongst cases from the European Court of Justice, the Court of First Instance, OHIM, England in addition to France. Of detail involvement are the next decisions:

A Honda masquerading every bit a Lambo: this is why CTM
registration was sought

* Lamborghini’s application to register every bit a Community merchandise score a “movement mark” consisting of the mode its machine doors opened;

* Bongrain’s endeavour to colonise the shape of i of its cheeses inwards the UK;

* The concluding circular of Mag’s battle to register its torch shapes every bit Community merchandise marks on the reason of inherent, rather than acquired, distinctiveness;

* The fate of the distinctive-because-ultralong give-and-take score UNIVERSALKOMMUNIKATIONSVERZEICHNIS …

The European Intellectual Property Review is published monthly past times Sweet & Maxwell.

Microsoft Calls For Patent Reform

CNet reports that a formidable coalition, including Microsoft as well as Oracle are calling for patent reform. At terminal weekend’s Association for Competitive Technology Conference, Brad Smith, Microsoft’s full general counsel called for it to endure made easier to challenge patents 1 time they’ve been granted. His call, which was heard yesteryear a large release of Congressional staffers inward the audience, was motivated yesteryear the fact that Microsoft finds itself defending itself against 35 to xl infringement suits at whatever 1 time. Oracle’s primary patent counsel pointed to the fact that patent infringement damages far transcend what companies would pay to licence the technology question. The telephone call upwards is existence backed yesteryear the U.S.A. Chamber of Commerce as well as the Senate Judicial Committee met yesterday (Monday) to regard patent reform legislation.

Patents – constantly vilified

can’t aid merely intend that it would endure to a greater extent than sensible to grant enterprise patents inward the begin place, rather than focusing on challenging them afterward they’ve been granted.

Bad patents here, here as well as here

Out On The Towne ...

Not much room for a Gap

Here's a overnice i from the naming as well as branding weblog Snark Hunting: Gap's novel stores for ladies inwards the 35+ historic menstruum grouping is to last called Forth & Towne. If yous write out the elevate inwards full, instead of alongside an ampersand, that's "FAT". says, "brand elevate creators should actually last to a greater extent than careful".

Bye For A Flake ...

The Passover is fast approaching in addition to the IPKat is taking a few days' much-needed break. He hopes to dorsum on the weblog belatedly Mon nighttime or to a greater extent than or less fourth dimension on Tuesday. In the meantime, this is a risk for y'all to

(i) grab upwards on those blogs y'all meant to read simply never had fourth dimension to;

Why is this truthful cat unlike from all other cats ...?

(ii) read over to a greater extent than or less of those blogs that annoyed or interested you, to encounter if anyone has posted whatever comments on them;

(iii) read cases in addition to legal developments for yourself, without having to a greater extent than or less damn truthful cat telling y'all what he thinks or, worse, telling y'all what y'all ought to think.

If it's relevant, accept a pleasant Passover. Till shortly ...

A Novel Climate For Innovation?

A duo of weeks later attending a session at the Fordham IP conference that addressed IP securitisation inwards the Asia Pacific region, the IPKat constitute himself contemplating a re-create of Exploiting Patent Rights & a New Climate for Innovation inwards Japan, edited yesteryear Dr Ruth Taplin in addition to on sale from the Intellectual Property Institute, London at £35.00 or US$50.00. Published inwards 2003, this slim mass didn't attract real much attending inwards wider IP circles. But, equally its web-blurb says,

"it provides up-to-date information on electrical flow IP practices too equally cultural in addition to infrastructural changes that should involvement anyone inwards high technology trouble organization operating or looking to operate inwards the region. Specialists inwards the field, lawyers, administration consultants in addition to anyone that plans to do trouble organization inwards Nihon in addition to wishes to empathise the nature of changing run a jeopardy factors volition uncovering this mass invaluable".

Though the editor is an academic, the text is fact- in addition to reality-driven, which is what makes it in addition to therefore appealing to people who, piece always willing to generate their ain theory, demand information in addition to an amenable framework inwards which to empathise it.

Exploiting a novel climate for innovation...

's glad he's got a copy. Merpel yet raises a bewhiskered eyebrow in addition to asks, "if this mass is published yesteryear the Intellectual Property Institute, why doesn't it convey a proper copyright notice inwards damage of Article III.1 of the Universal Copyright Convention -- or does no-one help whatever more?"

Summary Judgment Inward Ip Cases; A Plea For Help

A famous illustration of summary judgment from Alice inward Wonderland

IPKat co-proprietor Jeremy is currently writing an article on summary judgment in addition to striking out inward intellectual belongings proceedings. For those readers who are non familiar amongst the terms, "summary judgment" is where the estimate issues an companionship inward favour of 1 or other political party without letting the thing nether dispute larn to a total declaration earlier the court, on the footing that the successful party's instance on the disputed betoken is in addition to hence potent that his adversary has no risk of succeeding against it. "Striking out" is where the courtroom orders all or business office of a claim or a defense forcefulness to hold upwards removed from the dispute on the the world that it is in addition to hence weak or unjustifiable that in that place is no justification inward leaving it to hold upwards resolved at trial.

If whatever reader of the IPKat weblog has whatever interesting thoughts, potent opinions or valuable experiences of summary judgment in addition to striking out, Jeremy would hold upwards most excited to ask heed virtually them. Please electronic mail him hither in addition to tell him. When the draft article is finished (realistically, unopen to fourth dimension inward June), he volition larn inward available on the weblog for anyone who wants to read it. The article volition focus mainly on Britain police delineate but, if in that place are whatever lessons out in that place which lawyers inward other jurisdictions tin learn us, those lessons volition hold upwards highly welcome.

More summary judgment inward Alice inward Wonderland (click here and scroll downwards to the mouse's tale).

Small Patent Infringement Case, Non Likewise Dull ...

Smith International Inc v Specialised Petroleum Services Group Ltd [2005] EWHC 686 (Ch), decided today past times Mr Justice Lewison in addition to posted on BAILII, touched on the validity of an amended patent.

SPS owned a patent for apparatus for catching debris inward a good bore designed for utilisation inward the stone oil in addition to gas drilling industry. The apparatus incorporated a filter through which the good fluid was circulated, to withdraw debris. Smith applied to revoke the patent on the terra firma that the innovation claimed was non new and/or did non necessitate an inventive step. Even later SPS amended its claims, the Patent Office concluded that claim 1 of the patent had been anticipated past times prior fine art only that almost of the balance of the patent was fine. SPS appealed against the ruling on claim 1; Smith cross-appealed against the other rulings.

Lewison J allowed SPS' appeal only dismissed Smith's cross-appeals, belongings that the hearing officeholder had erred inward terminal that claim 1 was anticipated past times prior art. He had concluded that the prior fine art include a filter in addition to that the innovation gear upwardly out inward claim 1 of the patent had so been anticipated. This was non even in addition to so the case.

says: "this is 1 of those cases that seems to plough pretty good alone on the facts, amongst no existent police clit inward it". Merpel adds, "at to the lowest degree nosotros know that Lewison J is soundless doing patent cases. He doesn't appear to convey had 1 for ages".

Well bores here and here
Small bores here and here
Big bores here; big boars here

Ip For Engineers - Forthcoming Conference

Professor Ruth Soetendorp of the University of Bournemouth’s CIPPM has informed the IPKat of a forthcoming event. The WSEAS International Conference on Engineering Education volition hold upwards taking house inward Hellenic Republic on eight to 10 July. Amongst the sessions on offering are 1 led Professor Soetendorp on “Intellectual belongings educational activity for entrepreneurial engineers – developing pedagogic strategies for including KEY simply non CORE elements inward the engineering syllabus”.

Vouliagmeni – place of the WSEAS Conference

The session is on how to larn universities to opened upwards up the engineering syllabus to intellectual belongings in addition to other non-core topics. It is work of the operate existence undertaken yesteryear a small-scale interdisciplinary interrogation projection grouping consisting of Professor Soetendorp in addition to Bill Childs (an IP lawyer from University of Technology Sydney) amongst Prof Jim Roach in addition to Dr Rob McLaughlan (of the School of Design Engineering & Computing, Bournemouth in addition to the Faculty of Engineering, University of Technology Sydney).

Ipkat Receives Instructions On The Faxs Of Life

has received this notification from a reliable source:

You wrote [on Tuesday, nineteen April] that the Pan Case was boring. However, this is non the case. It is of utmost importance for users of the CTM system. The TPI for the kickoff fourth dimension had accepted the interpretation of the OHIM that it tin laissez passer on the axe post out whatever determination past times fax (despite unclear wording of Rule 62(1) of the Implementing Regulation). Moreover, it accepted OHIM's testify of calculator fax reports without whatever farther technical expertise if OHIM's automated fax sending organisation is actually reliable. Important piece of occupation of CFI's reasoning was that the lawyer was non able to furnish a listing of incoming faxes of that day. As a consequence, representatives should survive extremely careful to buy the farm on the lists of incoming faxes of the fax machine which was indicated to OHIM, inward companionship to examine that no fax had been received at a sure enough moment.

Thanks For Visiting

idea you lot mightiness live on interested to know that final calendar week he received 2,473 visits -- a novel weekly record. 546 of those visitors read the weblog final Thursday, the largest reveal recorded for a unmarried 24-hour interval (that's i view every 2.64 minutes). Many thank you lot for supporting this weblog as well as for making it as well as thus worthwhile.

Patient bloggers expect inward trouble for their plow at the computer

Latest Ecj Ruling On Spcs

The ECJ has issued its ruling today inward Joined Cases C-207/03 as well as C-252/03 Novartis AG, UCL as well as the Institute of Microbiology as well as Epidemiology v Comptroller-General of Patents, Designs as well as Trade Marks for the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland and Ministre de l’Économie v Millennium Pharmaceuticals Inc., formerly Cor Therapeutics Inc, 2 cases on supplementary protection certificates (SPCs) for pharmaceutical products for which patent protection is expiring.

In Case C-273/03 Novartis, UCL as well as the Institute of Microbiology as well as Epidemiology applied for 2 SPCs, 1 for Basiliximab, an immunosuppressant, as well as the other for an antimalarial combination of Artemether as well as Lumefantrin. On seven Apr 1998 as well as 22 Jan 1999 the Swiss granted marketing authorisations for Basiliximab as well as for the combination of Artemether as well as Lumefantrin. Those authorisations were automatically recognised inward Liechtenstein, past times functioning of Principality of Liechtenstein law. Basiliximab as well as the combination of Artemether as well as Lumefantrin were granted marketing authorisations inside the European Union on nine Oct 1998 as well as thirty Nov 1999. The UK Patent Office, considering that the duration of the SPCs should live on calculated past times taking into draw organisation human relationship the dates when the Swiss marketing authorisations were issued, granted SPCs for durations determined past times reference to those dates. Novartis etc took the sentiment that the duration of the SPCs should convey been calculated past times reference to the foremost marketing authorisations granted inside the EEA, non Switzerland, as well as appealed to Patents Court which referred the thing to the Court for a preliminary ruling.

Liechstenstein: extends Swiss influence into the EEA

In Case C-252/03 Millennium's predecessor applied to the Grand Duchy of Luxembourg Minister for the Economy for an SPC nether for Eptifibatide, for which the engagement of the foremost marketing ascendance inward the European Union was 1 July 1999. Millennium said inward its application that a marketing ascendance had been issued for that medicinal production past times the Swiss government on 27 Feb 1997. On the Earth that Swiss marketing authorisations are automatically recognised nether Principality of Liechtenstein police (Liechtenstein beingness an EEA state), the Minister issued an SPC as well as fixed its engagement of starting fourth dimension every bit the engagement of the Swiss marketing authorisation. Millennium sued, claiming that that engagement should live on replaced past times 1 July 1999. Again, the thing was referred to the ECJ. After due deliberation that courtroom ruled:

"In as well as then far every bit an ascendance to house a medicinal production on the marketplace issued past times the Swiss government as well as automatically recognised past times the Principality of Principality of Liechtenstein nether that State’s legislation is the foremost ascendance to house that production on the marketplace inward 1 of U.S. of the EEA, it constitutes the foremost ascendance to house the production on the marketplace inside the pregnant of Article xiii of Regulation 1768/92 of xviii June 1992 concerning the creation of a supplementary protection certificate for medicinal products, every bit it is to live on read for the purposes of the application of the Agreement on the EEA".

ever wondered what exercise Liechstenstein was to the IP community. Now he knows.

More on SPCs here and here

... As Well As It's Non Fifty-Fifty Inwards French

This morning time Advocate General Antonio Tizzano gave his Opinion inward Case C-192/04 Lagardère Active Broadcast v Société pour la perception de la rémunération équitable (SPRE), Gesellschaft zur Verwertung von Leistungsschutzrechten mbH.

Lagardère: a fellowship non afraid to accept on the pirates ...

The Opinion is together with thus far available solely inward Italian, Lithuanian, Swedish, Spanish, Finnish, High German and Portuguese. If it comes upward inward English linguistic communication or whatever of our readers tin help, we'll hold upward able to enjoin y'all what this example is all about.

Clue: it looks similar something to produce amongst copyright, Directive 92/100 together with "emissioni radiofoniche inward più Stati membri".

STOP PRESS: Midweek afternoon, 1528pm: the French translation has straightaway been posted on the ECJ website.

Us Dilution Amendment Nib Passed Past Times House

Yesterday the US House of Representatives passed a neb that volition cash inward one's chips known every bit the Trademark Dilution Revision Act of 2005. The neb seeks to undo the “damage” done past times the Supreme Court inward the Victoria’s Secret illustration too to atomic publish 26 out a few dilution wrinkles that bring come upwards to low-cal since the master copy Federal Trademark Dilution Act was passed inward 1995. Major changes to dilution police pull are:

*It is made clear that likely, rather than actual, dilution is required for a successful claim.
*There is no ask to present that the claimant has suffered economical injury.
*It is made clear that the senior order must hold upwards famous amid the full general US consuming public. This way that fame inward a niche production or geographical marketplace position volition hold upwards insufficient.
*It is made clear that the Act outlaws both blurring too tarnishment.
*A non-exhaustive multifactor bear witness for blurring.
*A Definition of tarnishment.

The neb instantly goes to the Senate.

Dilution – the pun is inevitable

notes that the amendment provides stronger protection, only to a narrower hit of marks. He’s pretty puzzled though – 1 of the factors inward the multifactor bear witness for blurring is “Any actual association betwixt the order or merchandise cite too the famous mark”. The factors inward the bear witness are non prerequisites for a successful blurring claim, though if they are acquaint they volition assist to present that blurring has occurred. How tin a junior order harm an before order if consumers create non associate the afterward order alongside the before mark? This is something that has been realised inward the EU, where the ECJ inward Adidas v Fitnessworld has said that at that topographic point must hold upwards a “link” or “association” betwixt the 2 marks for at that topographic point to hold upwards detriment or unfair advantage.

The neb is available here – it is HR 683.
Perfect dilution here too here

Latest Cases From The Courtroom Of Starting Fourth Dimension Instance

has works life 3 fresh Community merchandise score cases awaiting him today on the Curia website. They are

* Case T-211/03, Faber Chimica v OHIM, Industrias Quimicas Naber, SA Nabersa. Faber applied to register equally a CTM for chemicals, bleaches, paints etc inwards Classes 1 to 3. Naber opposed, citing its before Castilian registration of for goods inwards the same classes. The Opposition Division held at that spot was no similarity of whatever sort betwixt the ii marks exactly surprisingly the OHIM Fourth Board of Appeal considered that at that spot was both visual together with aural similarity together with that the relevant Castilian consumers would hold upward probable to hold upward confused. The CFI annulled the Board's decision. The marks were non similar and, fifty-fifty if they were, the relevant consumers were sufficiently specialist to hold upward able to tell them apart.

* Case T-273/02, Krüger GmbH & Co. KG v OHIM, Calpis Co. Calpis sought to register CALPICO equally a Community merchandise score for soft drinks; Krüger opposed, citing its before High German registrations of CALYPSO for fruit powders together with non-alcoholic preparations for making fruit drinks. The Opposition Division idea the marks likewise dissimilar for at that spot to hold upward whatever likelihood of confusion. The First Board of Appeal agreed. So likewise did the CFI, which said:

"51 ... inwards its determination dismissing the opposition on the terra firma that at that spot was no likelihood of confusion, the Opposition Division stated:

‘Although identical goods are at number inwards this case, the differences betwixt the signs which are compared suffice to distinguish [the marks] alongside plenty certainty. Admittedly, strict criteria should hold upward applied inwards this representative equally regards the divergence which must be betwixt the marks, inwards especial because the goods compared are staple goods which, equally sense shows, are bought fairly carelessly together with without especial attending beingness paid to the names of the goods.’

52 [T]he Board of Appeal ... stated:

‘23 The goods covered past times each of the marks are everyday goods that consumers mostly purchase equally they instruct past times inwards supermarkets together with shops selling beverages. The cost of those articles is such that they may hold upward described equally low-cost articles. However, given the extensive selection inwards the fruit juices together with beverages sector, the average customer’s attending should non hold upward regarded equally insignificant. Accustomed to an extensive selection of fruit juices together with goods of that kind, such equally powders presented inwards similar packaging, consumers volition pay attending to the packaging of each or volition examine the marks to a greater extent than closely before making a purchase.’

53 Given that the goods designated past times the conflicting marks are staple goods, both the Opposition Division together with the Board of Appeal considered that the aeroplane of attending of the relevant populace was non high. It is truthful that paragraph 23 of the [Board's] determination differs from the Opposition Division’s determination equally regards assessment of the exact aeroplane of attending which the relevant populace may pay to the conflicting marks, on trouble concern human relationship of the effect of extensive selection on attending inwards the fruit juices together with beverages sector. However, spell the Board of Appeal took the persuasion that extensive selection inwards the fruit juices together with beverages sector may Pb the relevant populace to pay especial attending to the conflicting marks, it none the less did non regard that that attending was high.

54 In whatever event, the divergence inwards the assessments inwards the decisions of the ii bodies of OHIM does non imply whatever effect equally regards the absence of similarity betwixt the conflicting signs together with the absence of likelihood of confusion betwixt the marks which were works life past times those bodies. Having regard to the visual, aural together with conceptual differences betwixt the conflicting signs noted inwards paragraphs 38 to 43 above, the average High German consumer volition non attribute the same commercial rootage to the goods designated past times the conflicting marks fifty-fifty if he pays no especial attending to those marks".

* Case T-318/03, Atomic Republic of Austria GmbH v OHIM, Fabricas Agrupadas de Munecase de Onil, SA. FAMO applied to register the words ATOMIC BLITZ equally a Community merchandise score for games, playthings together with sporting articles inwards Class 28. Atomic Republic of Austria opposed, citing a likelihood of confusion alongside its before ATOMIC registrations inwards Austria. The Opposition Division dismissed the opposition on the terra firma that at that spot was no supporting documentation to advise that Atomic Austria's marks, which were registered betwixt 1973 together with 1984, were nevertheless on the register, fifty-fifty though OHIM did non explicitly inquire for this data to hold upward provided together with the opposition was accompanied past times a certification past times Atomic Austria's representative that the marks were nevertheless inwards force. The Second Board of Appeal agreed, exactly the CFI has at i time educate this determination aside. The CFI observed:

"37 The examine of the facts together with evidence submitted to OHIM must hold upward conducted inwards such a fashion equally to abide by the correct to a fair hearing of the parties to the opposition proceedings together with the correct to procedural equity. If an applicant ... doubts the probative value of documents submitted past times the opponent to bear witness the existence of a claimed before right, or fifty-fifty the extent of that right, he may say together with hence inwards the proceedings before OHIM, which is required to regard the relevant observations carefully.

38 However, OHIM cannot avoid conducting a comprehensive assessment of the facts together with documents presented to it past times disputation that it is for the opponent, on his ain initiative, to furnish OHIM alongside supporting evidence inwards the shape of detailed data on the police describe of the Member State inwards which at that spot is protection for the before score on which the opposition is based.

39 Furthermore, ... neither Regulation 40/94 nor Regulation 2868/95 specifies a compulsory shape of evidence to hold upward lodged past times the opponent to bear witness the existence of his before right. ...

40 It follows from this that .. an opponent is gratuitous to pick out the evidence he considers useful to submit to OHIM inwards back upward of his opposition together with ... OHIM is obliged to examine all the evidence submitted to it inwards monastic enjoin to hit upward one's heed whether it does bear witness that the before score was registered or filed, together with cannot turn down out of mitt a especial type of evidence on the footing of the shape it takes".

Help!!!!

has received a rattling excited electronic mail that contains this link to what is reported every bit existence the offset Community pattern determination from Alicante's Community Design Court. Not existence a Spanish-speaker, the IPKat is a piddling unclear. He thinks this courtroom may hold upward designated past times the Castilian regime every bit the national courtroom for dealing alongside Community pattern cases but, to his embarrassment, he has non been able to abide by anything on the OHIM website that looks similar a listing of national Community pattern courts. Can closed to prissy individual out at that spot delight help?

STOP PRESS: Malte Hartmann writes:

"Referring to the article inwards Alicante´s paper Diario, I´m misfortunate I own got to say that it is non a determination of the Castilian "Community Design Court". Nonetheless it is tranquillity interesting every bit the article states that it is the offset determination of the Castilian "Community Trade Mark Court" inwards Alicante (took tranquillity a long time...).

An Italian producer of suitcases asked for interim relief to halt the sale of similar suitcases produced past times a Castilian company, located inwards Aspe. It doe non say which form of score was involved. The offset representative courtroom dismissed the injunction, the CTM Court of Second Instance granted it. Furthermore the courtroom ordered a detention of the infringing suitcases until the terminate of the procedures. Also it seems every bit if the accused had to pay 3,000 EURO every bit compensation for damages (which seems peculiar to me every bit it is a provisional ruling, I don´t know if the article is clear inwards that point). The paper considered it notable that the courtroom illustrated his judgment alongside photos of the products".

Darren Smyth (Marks & Clerk) adds:

"... I own got enlisted the assist of my colleague Hernan Rios, who is from Chile.

The handbag: a powerful motif inwards British politics

The championship reads "The Court withdraws ii lines of handbags from Aspe on its offset determination on merchandise marks". They hateful designs, obviously. The article states that this is the offset determination of El Tribunal de Marcas de la Audiencia Provincial concerning the Community Trade Mark. Again, they clearly hateful Community design. However, it is non clear whether the affair relates to registered or unregistered community pattern rights. I suspect unregistered, because the study talks nearly copying.

Aspe is apparently a hamlet inwards the province of Alicante.

Aspe: handbag conflict uppercase of Spain

According to Hernan Rios, the article states that:

* the affair started inwards September 2004, when an Italian fellowship filed an activity earlier the Juzgado en Lo Mercantil (apparently a novel courtroom appointed rattling recently) requesting the withdrawal of ii lines of handbags existence commercialised past times a Castilian fellowship on the internet. The estimate refused to accept whatever precautionary measures, stating that at that spot were no reports that proved that at that spot has genuinely been a re-create of the designs.

* the claimant appealed this determination to the Tribunal de Marcas de la Audiencia. This tribunal issued an interim determination stating that:

"The degree of coincidence fifty-fifty to the smallest details is such, that it cannot hold upward stated that the handbags are the lawsuit of an independent operate carried out past times the defendant, too no 1 tin reasonably recollect that the accused was non aware of the handbags of the claimant".

The article adds that, according to the judges, the defendant's bags are but a mere 'copia servil' (slavish copy) inwards persuasion of the countless coincidences inwards the appearance of the handbags.

The tribunal has ordered the precautionary withdrawal of ii lines of handbags existence commercialised past times the Castilian company. In lodge for the proceedings to continue, the claimant must deposit alongside the Court a bond ('fianza') for the amount of 3000 Euros inside 7 days.

It is indicated that the role of this deposit is to encompass whatever possible damages that may hold upward caused to the accused originating from the withdrawal of the goods. The deposit was fixed at 3,000 Euros because the accused declared that if the goods were to hold upward withdrawn, this would campaign them a modest economical impairment ('escasos perjuicios económicos').

It states that the judges used pictures to accomplish their decision. The journalist states that this is the offset fourth dimension where pictures own got been used to justify or terra firma a judicial decision.

The journalist continues past times stating that the Tribunal de Marcas provisionally ordered the defendants to halt selling the ii lines of handbags. The goods are to hold upward sealed, inventoried too retained inwards the warehouses of the accused until the lawsuit is decided. In other words, the goods are to hold upward seized.

The ruling (auto) states that it wants to avoid during the pending of the trial the high opportunity of confusion amid the consumers too the professionals involved inwards this sector ('profesionales del sector'). I recollect he way people involved inwards the job organisation of selling handbags.

Hernan's sources inwards Alicante betoken that,extraordinarily, the determination was reported inwards the paper earlier existence communicated to the parties".

So, friends too readers, y'all tin depict your ain conclusions. Thanks, Malte too Darren, for your efforts too assistance (and thank y'all to Hernan too).

This Lady’S Non For Quoting

Outlaw draws attending to an article inwards the Independent which reports that Baroness Thatcher is bringing copyright proceedings against the BBC inwards the High Court. Baroness Thatcher alleges that the BBC infringed her copyright inwards her televised memoirs “Mrs Thatcher – the Downing Street Years” past times broadcasting a trailer containing a clip of her describing the conspiracy that led to her downfall equally "treachery alongside a grin on its face". The BBC admits the infringement, simply the parties select non been able to concur on suitable damages. Hugh Scully, chairman of Fine Art production company, which shares the copyright alongside Thatcher, has said:

“A licence for the role of our archive inwards this means was ever completely out of the question. Perhaps that is why nosotros were never asked."

You tin bet she won’t last handbagged…

notes that this reopens the thorny upshot of what damages are appropriate when the IPR possessor would non select granted a licence. It is oftentimes viewed equally unsatisfactory to grant a notional licence fee when such a licence could never select come upward into existence.

More Fe ladies here, here in addition to here

You're Lovin' It ... Only Am I?

Via Adrants, the IPKat stumbled across this from The Sneeze.

The sense of humor may non travel hugely side-splitting, but the betoken is good made. Corporations presume a bully bargain when they seat claim to their consumers' dear of their products -- particularly when these presumptuous statements are targeted for exclusivity via merchandise order registration. as well as when it comes to McDonald's, who is genuinely loving whom? Merpel asks: I've simply flora this website. Can anyone persuade me it's for real?

"I'm lovin' it": what others enjoin here, here , here and here

Lost, Simply Non Forgotten ...

IPKat co-owner Jeremy has lost his re-create of Managing Intellectual Property for May 2004. This is an inconvenience, since he'd similar to ship his MIPs for 2004 for binding. It's likewise a piffling frustrating, since Euromoney gave thousands of gratis copies away during final year's INTA Meeting. Please, if anyone out at that spot has a spare or unwanted May 2004 MIP, fifty-fifty if it's a piffling dog-eared, the IPKat volition plough over it a expert home. Just allow Jeremy know here.

Lost here, here and here
Found here, here and here

A Real Especial Day?

The Accra Mail (Ghana) reports that Sat 23 Apr 2005 is World Book too Copyright Day. Designated yesteryear UNESCO equally an annual worldwide celebration, the result is meant to encourage too assistance immature people to abide by the pleasance of reading books too the ask to protect copyright too full general cognition of the literary industry. The programme, which would hold out held nether the subject "Knowledge is Power" volition too include a football game Gala, which volition involve half dozen minute cycle schools competing for a giant trophy. H5N1 particular quiz contest alongside attractive prizes volition too hold out organised. This result is targeted at basic too minute cycle schools too is aimed at strengthening their involvement too skills inward obtaining data from books, the Internet too related media. Prizes laid upwards aside for participants inward the quiz contest include complimentary membership of the French Information Centre inward Accra, network access too scholarships for French linguistic communication courses.

Citizens of Accra attain got to their boats inward an attempt
to flee "World Book too Copyright Day"

In contest alongside UNESCO, the WIPO website says that Tuesday 26 Apr is WIPO's World Intellectual Property Day. H5N1 list of "suggested activities" is furnished for those who powerfulness otherwise merely hold out sitting at home, reading the French Information they won from the French Information Centre inward Accra ...

In representative yous missed it, vii Apr was the World Health Organization's World Health Day. Presumably this was non a telephone phone to the nations of the basis to firebomb the proprietary pharmaceutical companies too rank out medicines for volume production yesteryear the Indian generics industry. Nor did the WHO telephone phone for a renewal of the boycott of IP-rich Nestle for pushing its milk formula brands into societies that don't nonetheless attain got access to build clean H2O for preparing their products (click hither for comments yesteryear Nestle, Baby Milk Action and too thus Nestle again).

Is the IPKat lone inward thinking that the stance of copyright days too IP days is a piddling pathetic? Particularly if, for most people, 1 IP twenty-four hr menstruum a twelvemonth leaves 364 days for making unauthorised copies, P2P file-sharing, plagiarising essays too schoolhouse assignments too thus on. Comments, please.

No Success For Success

The Court of First Instance (CFI) ruled today inward Joined Cases T-380/02 as well as T-128/03,Success-Marketing Unternehmensberatungsgesellschaft mbH 5 OHIM, to a greater extent than or less other pitiful restitutio inward integrum case. In short, the applicant sought to register the discussion rank PAN & CO equally a Community merchandise rank inward diverse classes, including Class thirty (bread, flour preparations etc). It filled inward the application form, including details of his representative's fax number. Chipita opposed, citing its before PAN figurative rank (below) as well as alleging a likelihood of confusion inward honor of goods inward Class 30.

The opposition succeeded for cast 30, simply the application was allowed for the other classes as well as the applicant was asked to pay the registration fee. Subsequently OHIM sent the applicant a re-create of the Opposition Division's decision. The applicant complained that it had non been informed of the opposition proceedings, asked for its coin dorsum as well as too asked for the clock to last turned dorsum a year, to before the opposition proceedings were commenced. The Board of Appeal rejected this application as well as the CFI agreed. Apart from the query of whether it had been brought exterior the fourth dimension throttle for making such application, it was jump to neglect 1 time OHIM showed that detect of the Opposition Division proceedings was faxed to it as well as that the fax transmission appeared to last successful.

wishes the application could accept been refused on the grounds that it was dull, technical as well as boring.

Guide to prophylactic fax here
Dealing amongst unwanted fax transmissions here and here

New Japanese Ip Court

has found a chip of an oldie. Last calendar week the Nippon Times reported that Nippon has established a specialist IP High Court. The court, which volition listen appeals from the Tokyo too Osaka district courts, is composed of eighteen judges who volition eventually hold out aided past times to a greater extent than than 100 technology-savy assistants. It is expected to listen close 700 cases a year. While an appeal from the IP Court to the Supereme Court is theoretically possible, inward practise the Superem Court solely hears cases of particular importance.

The incorrect form out of Japanese court…

thinks this sounds similar a slick operation. He hopes for the sake of litigants that the novel courtroom volition hold out speedy too efficient.

More fast courts here too here

Primark Removes Its Swimwear: Monsoon Says It's Non Enough!

BBC News reports that United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland High Street agency chain Monsoon is suing its competition Primark for copying its clothes. Monsoon said Primark was willing to take away vi items, including skirts, swimwear, girl's trousers, in addition to children's socks in addition to scarves, off shelves inward its stores. Monsoon, however, said it had issued High Court proceedings, claiming the alleged copying was "unacceptable". It is seeking damages in addition to a commitment that Primark would non re-create again. The clothes nether dispute are a zigzag linen skirt, a curved panelled skirt, tropical floral impress swimwear, girls' corduroy trousers, a children's striped scarf in addition to poodle in addition to oculus socks.

Primark reportedly paid Monsoon £23,000 end May later admitting that it had copied the firm's Brittany tiptop for girls in addition to a butterfly dress.

is silent wondering what a butterfly clothing is. He has alone e'er seen butterflies inward the nude ...

Poodle socks here. Other have on for dogs here.

But Create They Boot The Bucket Proper Headaches?

Ananova somewhat depressingly reports that aircraft mechanic Michael Harriman, a High German inventor from Nuremberg, claims to bring created the world's most sophisticated robot sexual practice doll. His sexual practice androids bring 'hearts' that crunch harder during "sex"; they too breathe harder too bring internal heaters to heighten the trunk temperature - but their feet rest mutual frigidity "just similar inward existent life", Harriman says:

"They are almost impossible to distinguish from the existent thing, but I am nonetheless developing improvements too I volition entirely hold out happy when what I bring is improve than the existent thing".

Harriman's dolls reportedly sell nether the Andy build advert for £4,000 each for the basic model, amongst extra charges for adaptations similar extra large breasts. The model tin too hold out made to deed past times remote control, wiggling her hips nether the bedclothes too making other suggestive movements - all at the affect of a button. Harriman said his blueprint was an improvement on the pop 'real dolls' sold inward the USA.

Part of the prior fine art against which Herr Harriman's invention
is to hold out considered for the usage of patentability

has long admired the complex organisation of intellectual holding rights that inspires inventors to practice things that actually practice goodness mankind. But when he reads almost this course of study of thing, he wonders if he hasn't been somewhat misguided...

Other iconic dolls here and here
Inflatable dummies, promising maximum gratification here , here and here

European Patent: Non Gone, Non Forgotten

Good news, chaps – the Community Patent is non dead. knows this afterwards reading a press release from the European Union website detailing a recent catch past times European Parliamentarians to the EPO. According to the press release:

In recognition of the of import purpose patents play inwards economical increment too development, the Commission is working on a Community Patent inwards social club to relieve entrepreneurs the cost, endeavor too potential confusion of existence granted protection nether dissimilar national patent regimes.

Other useful gems are the fact that the EPO employs 6,000 people too that the European Union press corps appear to hold upwards using the term iPod generically.

says don’t fit your breath for the Community patent coming whatever fourth dimension soon.

More of the undead here, here too here

Indian Ip Laws

received a sugariness lilliputian majority inward his ship service this weekend -- Indian IP Laws, prepared past times Indian patent as well as merchandise rate attorneys Chandrakant M. Joshi, Bombay as well as distributed alongside that firm's compliments. This majority carries amount colouring photos of life inward the firm's office, summation a helpful map that shows Republic of Republic of India as well as her geographical human relationship to her closest neighbours. Then comes the statute police on patents, merchandise marks as well as designs. Alas, the text of the Copyright Act is missing, fifty-fifty though the comprehend pattern features an attractive lilliputian copyright sign amidst the other IP symbols.

The Chandrakant M. Joshi logo

notes that this lilliputian majority likewise quotes extensively from the unknown poet who wrote The Value of Time (click here for amount version: CM Joshi alone purpose the fighting that runs from "To realize the value of ONE YEAR ..." to "Silver Medal inward the Olympics"). He's delighted to run into such cultural pretensions bursting forth inward this item sector of the legal profession. Merpel is to a greater extent than cynical: "of degree they value fourth dimension -- they likely nib their clients past times the hour".

Latest Mip

has been perusing the pages of the Apr 2005 resultant of Euromoney's ten-times-a-year publication Managing Intellectual Property, which has a particular 25 page focus on the Benelux countries (or at whatever charge per unit of measurement on Kingdom of Belgium as well as the Netherlands; pathetic onetime Grand Duchy of Luxembourg wasn't much inwards evidence). Key features inwards this resultant include:

* to a greater extent than word as well as comment on the dandy European lather opera that is the Computer Implemented Inventions Directive;

* an article past times Gabriela Nunez on the Andean Pact countries' rules equally they touching on pharmaceutical patents;

* Gareth Morgan (Taylor Wessing) reviews around recent United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland IP royalty cases, urging IP owners to overstep princes rather than paupers;

* farther descriptions of IP protection inwards China as well as prescriptions for farther protection.

New Community Blueprint Practise Notice

OHIM get got issued a new utilization notice concerning the Community design. The give away concerns what constitutes an acceptable graphical representation for the purposes of Art.4 of the Community blueprint directive. The primary clarification provided past times the give away is that the blueprint applied for must hold out shown on a “neutral background”. Influenza A virus subtype H5N1 background volition hold out considered to hold out neutral if the blueprint is clearly discernable against it. The event of a garden or buildings depicted inwards the background is given – this is fine, every 2nd long every 2nd it does non impede the thought of the design. The give away goes on to depict the physical care for undertaken past times the Office if an applicant initially provides an insufficient graphical representation alongside his application.

Not an acceptable graphical representation for CD purposes

loves the pictures inwards the notice, exactly then, pictures inwards utilization directives are ever fun. Merpel says, IPKat, teach a life.

Neutrality here, here too here