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.

Onion On Beckett

Onion on Beckett

Under the banner 'Scholars Discover 23 Blank Pages That May As Well Be Lost Samuel Beckett Play', the IPKat has simply been rejoicing inwards unopen to other splendidly pointed slice of satire past times The Onion. The characteristic begins:

"Just weeks later the centennial of the nascence of pioneering minimalist playwright Samuel Beckett, archivists analyzing papers from his Paris estate uncovered a minor stack of blank newspaper that scholars are calling "the latest representative of the belatedly Irish-born writer's genius".

The 23 blank pages, which literary experts presume is a two-act play composed old betwixt 1973 too 1975, are already existence heralded every bit 1 of the almost ambitious plant past times the Nobel Prize-winning author of Waiting For Godot, too a natural progression from his before works, including 1969's Breath, a 30-second play alongside no characters, too 1972's Not I, inwards which the only illuminated business office of the phase is a floating mouth.

"In what was certainly a witting conclusion past times Mr. Beckett, the white, uniform, non-ruled pages, which symbolize the starkness too emptiness of life, were left unbound, unmarked, too untouched," said Trinity College professor of Irish Gaelic literature Fintan O'Donoghue. "And, every bit if to farther exemplify the anonymity too facelessness of 20th-century man, they were found, of all places, betwixt other sheets of paper."

"I tin only conclude that nosotros convey stumbled upon something quite remarkable," O'Donoghue added".

is reminded of John Cage's 4' 33", which he believes to last the only alone blank run inwards which the author (sic) claims copyright. If the run of John Cage (left) is indeed legally protected, then also could last the spoof Beckett's.

Empty canvass here and here
Blank poesy here too here

Haven't An Idea; Criminal Sanctions Inwards The Eu

WIPO Copyright Treaty ("Copyright protection extends to expressions in addition to non to ideas, procedures, methods of functioning or mathematical concepts equally such") has a teeny weeny work alongside this: intellectual belongings constabulary doesn't genuinely protect ideas. Or has he missed something? Merpel says: here's a piddling competition: the laid out mortal to let her know if there's anything inwards the text of whatever international IP treaty or convention administered past times WIPO that suggests that ideas are indeed protectable wins a bottle of bubbly alongside which to drinkable the wellness of IP for roughly other year.

But let them out. Merpel says, fifty-fifty the adoption of the same scale of penalties throughout Europe won't operate unless judges are trained to utilize them consistently throughout the European Union empire. Or create nosotros say that 6 weeks inwards a Greek jail is most equally much penalty equally 4 years inwards a comfy Scandivanian one?

Crime in addition to Punishment here
Let the penalty gibe the criminal offense here

Drop Yesteryear Queen Mary Tomorrow For A Touching On Of Bubbly

Tomorrow sees Dr Thomas Hays of Lewis Silkin talking close the O2 v H3G comparative advertising illustration at Queen Mary.

All are welcome in addition to there's no charge. Just plough upwards at the Dean Rees House, Charterhouse Square at 5.30pm.

Coming Upward Earlier The Ecj

has learnt of the next goodies coming upward before the ECJ inwards the coming week:

*The hearing inwards Dyson, a representative concerning the registrability of the see-through drum chemical share of Dyson’s vacuum cleaner equally a merchandise grade (blogged past times Jeremy before this morning). says nearly fourth dimension – the reference was made inwards June 2003;

*The Belgian Levi Strauss merchandise grade judgment concerning infringement of the Levi jeans steal shape;

*The judgment inwards Commission v Luxembourg concerning the implementation of the rental in addition to lending correct directive;

*The hearing inwards the Commission v Microsoft contest representative before the CFI. This is scheduled for a whopping v days.

Shock Horror, Generic Purpose Scandal!

Shock generic usage of electrical goods merchandise mark

Today the European Court of Justice is hearing arguments inward Case C-321/03 Dyson Ltd v Registrar of Trade Marks. The questions referred to the ECJ past times the Chancery Division of the High Court for England as well as Wales are:

1.In a province of affairs where an applicant has used a sign (which is non a shape) which consists of a characteristic which has a role as well as which forms part of the appearance of a novel sort of article, as well as the applicant has, until the appointment of application, had a de facto monopoly inward such articles, is it sufficient, inward lodge for the sign to cause got acquired a distinctive graphic symbol inside the pregnant of Article 3(3) of Directive 89/104, that a important proportion of the relevant populace has past times the appointment of application for registration come upward to associate the relevant goods bearing the sign with the applicant as well as no other manufacturer?

2.If that is non sufficient, what else is needed inward lodge for the sign to cause got acquired a distinctive graphic symbol and, inward particular, is it necessary for the mortal who has used the sign to cause got promoted it equally a merchandise mark?

Left: an upright vacuum cleaner manufactured nether the Hoover brand

is horrified to read that the ECJ's Diary entry for today describes the example equally relating to a "mark comprising a functional characteristic (transparent plastic cylinder) forming part of a hoover" (emphasis added past times a scandalised IPKat). Is non HOOVER a registered merchandise score inward honor of vacuum cleaners - with other goods? Merpel adds, if the genericity of the discussion "hoover" is always litigated inward Europe inward proceedings that arrive at the European Court of Justice, volition that courtroom cause got judicial uncovering of its ain generic usage of the word?

Hoover Company here
Wikipedia defines hoover equally (i) generic term as well as (ii) something that should non live mentioned on household unit of measurement websites here, only equally (iii) a merchandise score here
More on J. Edgar Hoover, Howard Hoover as well as the Hoover Dam

Bbc Reminder; Novel Website

here

Listen to BBC Radio iv online posted arrangements for the start out 3 half-day courses on how to amend your intellectual belongings writing skills. Initial take-up has been real encouraging - the IPKat volition live on writing later on this calendar week to all of yous who expressed your interest. Right at in i lawsuit it looks equally though all 3 dates volition live on viable. If you've non all the same expressed an involvement exactly want to create so, delight e-mail the IPKat here.

All The Fun Of The Fair; To A Greater Extent Than On Mis-Implementation Of The Enforcement Directive

here and posted a weblog from an anonymous friend who expressed grave anxiety concerning the touching on of the UK's version of the Enforcement Directive upon patent litigation. The same friend has had approximately farther thoughts, this fourth dimension on the enforcement of merchandise grade rights. He says:

"... the novel rules create non apply to international merchandise marks because individual forgot to improve that well-known favourite, paragraph 6(5) of the Trade Marks (International Registration) Order 1996 (the utter inwards the tea room is of nil else) which, I am certain yous recall, is the equivalent to s.25 of the Trade Marks Act 1994 [the lawsuit of failing to register a registrable transaction] as well as which fifty-fifty immediately remains equally a restriction on damages recovery - pregnant that the UK has failed to implement the directive as well as a farther regulation is required inwards whatever event.

An interesting enquiry to inquire is what happens to damages enquiries that are already nether agency (a) inwards general, given that manifestly the election betwixt enquiries as well as accounts is abolished as well as (b) inwards relation to costs for late-registered rights? Presumably the patentee cannot recover costs of an enquiry. It's too interesting merely painful to speculate on separate costs orders".

Above right, as well as left: the UK implementation of the Enforcement Directive is causing serious headaches for IP lawyers

Indeed, mewses the IPKat, who would rather similar to come across a full-scale review of the incidents of registration (and non-registration) of transactions concerning IP rights. The registration provisions were introduced alongside the laudable aims of protecting the interests of rights-holders as well as furnishing valuable commercial data equally to who was entitled to license (or work) an IP right. Yet systems for the protection of copyright as well as other unregistered rights appear to move surprisingly good without existence able to confer those benefits. Are they actually necessary immediately and, if they are, should they live on standardised or rationalised throughout the European unmarried market? Merpel says, it would live on prissy to know to a greater extent than nearly the abolition of the dominion that yous convey to select betwixt damages as well as an trouble organisation human relationship of profits, especially alongside regard to the exercise inwards other European jurisdictions inwards which it has never been necessary to brand that election.

Battle Of The Bunnies

reported on the chocolate bunny battle betwixt Swiss chocolatier Lindt as well as their High German rivals Hauswirth. Influenza A virus subtype H5N1 friendly mole whose ascendance of the High German linguistic communication exceeds that of the IPKat reports:

"According to Kurier.at (10 April, 2006), an Austrian lournal as well as too ORF (the Austrian broadcasting agency: burgenland.orf.at/stories/99729/ - 22k), an interim determination was rendered past times the Austrian Supreme Court. The courtroom decided that Hauswith's sitting rabbit would non live confused alongside Lindt’s rabbit. Thus Hauswith was allowed to sell the rabbits this twelvemonth (last twelvemonth they gave them for costless every bit they could non live sold!).

Comment : For ameliorate agreement of the background of this legal battle it has to live added that, inwards Austria, Easter rabbits are rattling common. Consumers would non thence easily confuse i rabbit alongside about other (as may live the example inwards other countries similar Denmark, where Easter rabbits are uncommon). The cast of a sitting rabbit cannot live monopolised thence past times whatsoever i undertaking.

“Red” (red ribbon) is a typical colour inwards the context of Easter. It is non exclusively rabbits that cause got cherry-red accessories, such every bit cherry-red ribbons. Easter lambs together alongside a cherry-red flag, symbolising the victory of Christ) cause got a long tradition. The recent determination of the Republic of Austria Supreme Court seems thence quite reasonable: www.luther-in-bs.dewww.talbaeckerei-ehrke.de

According to Kurier.at, Lindt lost a similar example at get-go example inwards Germany. In Poland, however, Lindt succeeded as well as the competitor’s Easter rabbits had to live taken off the shelves. The article concludes: Where volition the battle end? “At ocean as well as at courtroom You are inwards God’s hands”, then Roman Hauswirth.

Although the article inwards the Austrian periodical does non nurture it expressly, the before correct is close probable Community merchandise grade No 1 698 855. At to the lowest degree this was the before correct invoked inwards the previous Austrian example 4Ob239/04g, thirty Nov 2004 (see www.bdr.at/files/dedown/down95_4.pdf)".

Bad Birthdays As Well As Dastardly Downloads

brings tidings of a trio of incredulity-causing copyright stories:

* Information Week reports that Google took downwards a stylised logo which it posted to celebrate the birthday of creative mortal Joan Miro after the Miro solid unit of measurement objected. They claimed that the logo, which was styled later on Miro, exactly did non straight stimulate got whatsoever of his work, infringed their copyright together with moral rights. Google expressed disappointment, exactly took the logo down.

says that this number touches on the tricky champaign of study of where means together with ideas goal together with aspect begins. He tin empathize why the Miro solid unit of measurement mightiness desire to retain control, exactly he notes that i moral right protects the artist’s reputation. The family’s reaction doesn’t appear to stimulate got done their reputation much good.


* P2P asks whether the ‘the Royal Household, the British government, it's territories, or whoever arranged the celebrations’ of the Queen’s 80th birthday sought permission from AOL/TimeWarner for ‘Happy Birthday to You’ to endure played, together with if so, whether royalities were played.

suspects that the slice is somewhat natural language inwards cheek, exactly it puts the IPKat inwards hear of Flemish region together with Swann’s account of the history of Greensleeves, where ‘the royalties become to royalty’.


* The Inquirer reports that RIAA stimulate got sued a solid unit of measurement without a estimator for filesharing. If this is correct, the IPKat is speechless.

Don't Forget...

Tomorrow (Monday), Elizabeth Townsend Gard (Leverhume Trust Visiting Research Fellow, LSE) volition survive speaking on ‘The Unpublished Public Domain: The International Implications of Recent U.S.A. Copyright Law' at Queen Mary IPRI at 12.30pm.

All are welcome together with it's non likewise like shooting fish in a barrel to state that you're coming - only e-mail Ilanah.

Word Of Oral Cavity - Are Merchandise Marks Ok?

Word of Mouth

On Fri IPKat co-blogmeister Jeremy was briefly interviewed yesteryear Michael Rosen of the BBC, which is planning to broadcast a programme on merchandise marks inward its "Word of Mouth" series. Jeremy has non heard most of the other contributions to the show, only suspects that it mightiness live quite critical of the merchandise grade organization (there's an interview amongst U.S.A. Authors Guild's Paul Aiken virtually the Al Franken 'Fair in addition to Balanced' case).


Left: poet, interviewer in addition to word-enthusiast Michael Rosen

Jeremy's sticking upward for merchandise marks, maxim that they add together to our vocabulary in addition to are a to a greater extent than oft than non real practiced thing. The chances are that his full contribution won't add together upward to to a greater extent than than virtually xv seconds, only the residue of the programme mightiness live fun to head to.

The exhibit lasts one-half an hr in addition to it's going on air twice: Tuesday 25 Apr at 4pm in addition to Lord's Day thirty Apr at 8.30pm.

Full text of Fox v Franken here
Authors Guild pose on how the novel U.S.A. merchandise grade dilution constabulary volition kill gratis speech communication here

No Longer The Immature Ones

Cliff Richard is figureheading a movement to increase the length of performers’ rights for singers in addition to musicians says the BBC. Currently performers’ rights final for 50 years from the halt of the twelvemonth inwards which the functioning was performed, compared amongst seventy years postal service mortem for the composers of musical plant in addition to the writers of lyrics.He told Radio 4’s Today programme:

"It seems to me nosotros should inquire for parity…It doesn't look just…It seems terribly incorrect that 50 years on they lose everything from it".

He likewise pointed out that many 1950s singers rely on their copyright royalties every bit a pension.

isn’t especially convinced yesteryear this. Parity isn’t a characteristic of the copyright regime. Different types of plant are accorded dissimilar lengths in addition to levels of protection based on how ‘deserving’ they are felt to be. Lack of parity isn’t express to performers’ rights in addition to whatever travail to ‘level up’ should inwards theory convey a knock-on lawsuit across the copyright board. He likewise wonders how many other professions at that spot are inwards which workers tin plough over the sack aspect to instruct novel coin from the piece of employment that they did 50 years ago. Other workers are expected to piece of employment their turn a profit every bit they piece of employment to conception for the future.
Thanks to Russell Woolford of Shoosmiths for pointing out this story.

Improve Your Ip Writing Skills

asked his readers if whatever of them mightiness endure interested inward help a practical assort on how to write to a greater extent than effectively on the dependent champaign of intellectual property. The initial reply was real positive, in addition to so the IPKat has develop aside 3 dates:

* Monday five June, 1pm to 5pm

* Monday four July, 9am to 1pm

* Monday eleven September, 1pm to 5pm.

All courses volition endure held inward the magnificent Boardroom of the Chamber of Shipping, Carthusian Street (just round the corner from London's Barbican metro station). The toll per soul is simply £65, inclusive of assort materials, tea/coffee in addition to biscuits (for lunch, nosotros convey our ain sandwiches).

Each assort volition innovate principles of practiced writing in addition to await at how they use to writing well-nigh patents, copyright, merchandise marks in addition to other IP rights. Participants volition accept a adventure to create a petty drafting of their ain likewise every bit to criticise approximately examples of bad IP writing. The object of the utilization is to brand participants amend able to write instance notes, articles, letters - indeed whatever slice of text that is to create alongside IP. By the halt of the assort yous should accept a greater awareness of

* why other people can't empathise - or frequently misunderstand - what yous write;

* why your submissions for publication transcend away rejected;

* why your letters ever appear longer than other people's;

* why colleagues in addition to clients prefer your oral sentiment to your written one.

The viability of each assort depends on at that topographic point beingness a minimum of x people to enrol for it. If you're interested, delight electronic mail the IPKat here and allow him know.

Some Points To Ponder

here, for skeletal details as well as links):

"The regulations innovate a mandatory disqualification from the powerfulness to recover legal fees if a claim is based on an infringement occurring after a registrable transaction occurs simply earlier it is registered, if at that spot is to a greater extent than than half dozen months delay (see eg changes to the Patents Act 1977 s.68 inward Sch 2 Para iv - did I girlfriend that inward the consultation? If it was there, the significance of it did non tumble out to me).

As an instance consider a patent held nether a chain of championship that includes a late-registered transaction. If the patentee claims inward the park agency for all infringements inward the limitation catamenia without specifically renouncing whatever claim to infringement during the belatedly registration period, it appears that the courtroom volition convey no discretion to honor costs to the patentee at all, fifty-fifty inward abide by of after infringements or inward abide by of defending a validity attack. There is a big incentive hither for the infringer to uncovering i infringing deed during the belatedly registration catamenia that is covered past times the claim.

It seems to me that the novel flat of s.68 is if anything fifty-fifty to a greater extent than penal than the version it replaced. Patentees amongst a belatedly registered championship straight off convey to elect (pre-Islands Records disclosure) betwixt dropping their claim to damages during the late-registration catamenia as well as recovering costs, or pursuing their damages claim as well as trading an immediate honor of costs for an unquantified sum of damages.

The directive requires that "Member US shall ensure that reasonable as well as proportionate legal costs as well as other expenses incurred past times the successful political party shall, every bit a full general rule, last borne past times the unsuccessful party, unless equity does non allow this". It seems to me that, past times adopting s.68 every bit a blanket dominion prohibiting costs recovery next a failure to register, the Britain has failed to implement this requirement.

Maybe the Britain implementing regulations could last read every bit limiting the costs penalisation to the costs attributable to claims falling inward the relevant period, simply that is non what they say as well as it would last a risky class to rely on.

One road for the patentee mightiness last to termination ii claims simultaneously, i for post-registration infringement as well as i for infringement pending registration, as well as enquire the courtroom to schedule the hearings through instance management. To me, that doesn't appeal.

As at that spot are no transitional provisions nosotros may uncovering out how this industrial plant at the laid about post-29 Apr case to characteristic a patent amongst a s68 history".

's friend adds (and this is why you lot tin encounter he wants to stay anonymous):

"If you lot would similar to weblog it, delight do, simply it would last worth a sanity banking concern gibe laid about because either me or the regulations convey lost the plot. If it's correct it's or as well as then other argue to advert every bit to why the Britain is a patent-unfriendly jurisdiction".

did his ain banking concern gibe as well as must reluctantly concur that this analysis is correct - or convey nosotros both missed something? Please, help!

Latest Iam, Jcl&E

April/May IAM

The encompass storey of number 17 of Intellectual Asset Management is the induction of the start educate of inductees into the publishers' IP Hall of Fame. Under the championship "World beaters", portraits of an avuncular Arpad Bogsch (left) in addition to a fairly jolly Alexander von Muehlendahl (right) gaze out benignly, leaving the IPKat a niggling unsure every bit to who or what it was that they were trying to beat. Merpel notes that Hall of Fame inductions are going to live on an annual effect in addition to wonders whether in that place shoudn't besides live on a Hall of Infamy for people who actually spoil things for IP enthusiasts, similar (i) whoever it is inward the UK's Department of Trade in addition to Industry who won't lodge the 2nd in addition to sum overhaul of the Copyright, Designs in addition to Patents Act 1988 in addition to (ii) the people who ruined the the U.S.A. BlackBerry litigation yesteryear allowing it to settle ...

On a to a greater extent than serious note, this number includes the next rather to a greater extent than serious fabric (the form out of materials that justifies the subscription cost):

* STMicroelectronics' Lisa Jorgenson writes on licensing practise inward the semiconductor manufacture - an fantabulous review of a champaign of study which is almost every bit familiar to most IP practitioners every bit the night side of the moon;

* Bruce Berman's thesis that it's keen patents that stifle innovation, but rather long pendency times in addition to the terms of litigation;

* a study on the AUTM (Association of University Technology Managers) annual conference inward Orlando, Florida, which takes a wide persuasion of academy tech transfer issues.

Right: tech transfer is in addition to so ofttimes a enquiry of getting the correct residual - non something to monkey some with.

Details of this number are non withal online, but yous tin read almost issues xv in addition to xvi here.


Latest JCL&E

The start number of book 2 of Oxford University Press's quarterly Journal of Competition Law & Economics has but been published. Of item involvement to intellectual belongings enthusiasts are

* "Unilateral Refusals to License", yesteryear the triumvirate of Herbert Hovenkamp, Mark D. Janis in addition to Mark A. Lemley and

* "Antitrust Analysis for the Internet Upstream Market: a Border Gateway Protocol Approach", yesteryear Alessio d'Ignazio in addition to Emanuele Giovannetti.

You tin persuasion the sum contents of this number here.

Interruption To Service

is taking a pause for the 2nd one-half of the Jewish festival of Passover, which begins this evening. Normal service resumes on Friday.

Passover-related fun here

Bun Care Heads For Meltdown; Patent Cooperation Time

Bun cause create heads for meltdown

has learned from the BBC, via his friend Simon Haslam, of a roughshod Austrian dispute over Easter Bunnies. Chocolatier Lindt claims the exclusive correct to brand a golden Easter bunny amongst a ruddy ribbon to a greater extent than or less its neck, selling some threescore meg of them each year. Austrian fellowship Hauswirth has champaign been making like bunnies for one-half a century. The word study does non acquire into clear what course of study of IP correct Lindt holds, but it the IPKat presumes that it's a merchandise grade registration for a three-dimensional product, consisting of the chocobunny itself.

Above right: the Lindt bunny (the Hauswirth bunny was non available for comment). Below left: a generic chocolate rabbit.

Litigation was inevitable after Hauswirth rejected Lindt's lawyers proffer that Hauswirth adopt bronze wrapping instead of gilded together with a greenish ribbon instead of red. Lindt obtained interim injunctive relief together with a farther hearing has been scheduled for June.

Make your ain chocolate rabbit here
Why your ain rabbit should endure made of chocolate here


Patent cooperation time

WIPO has informed the IPKat of 2 novel Patent Cooperation Treaty members: the Laos (as of 14 June 2006) together with the Republic of Republic of Honduras 6 days after on 20 June 2006.

With these 2 additions, PCT membership volition stand upward at 130. Can you lot mention them all without looking? Click here to encounter if you're right.

Merpel says, here's some other inquiry for you. Lao is a 'Democratic Republic' spell Republic of Honduras is simply a 'Republic'. Which 1 is the democracy? Click hither for some strong criticism of commonwealth Laotian-style.

Aussie Adwords In Addition To True-Blue Pans

reports that Commonwealth of Australia may listen its get-go keyword advertising case. It appears that outcry upward fellowship APPT has purchased the merchandise grade of its competition Telestra every bit an advertising keyword every bit component of Google’s ‘AdWords’ scheme. As a result, a search for ‘telestra’ would, until recently, convey upward APPT every bit a result. Telestra has forthwith ceased the practise in addition to claims that it had no cognition of it, blaming its advertising agency.

notes that the article does non state that a representative is to hold upward brought, simply that APPT has been informed of the facts in addition to is non happy.


Utensils past times appointment?

On 12 Apr the United Kingdom of Great Britain in addition to Northern Ireland Patent Office issued a collection of novel Practice Amendment Notices. Four simply clarify the practice, but create non alter it. These are:

5/06 Wide in addition to Vague specifications
4/06 The names of the Royal Family
3/06 Examples of marks considered to hold upward objectionable nether Section 3(3)(a).
2/06 Colour Trade Marks

4/06 is the IPKat’s personal favourite. Listed therein are the identities of individuals whom the Queen regards every bit members of the Royal Family in addition to which should non hold upward registered every bit merchandise marks past times 3rd parties nether s.3(5).

They are:

Her Majesty The Queen
His Royal Highness The Duke of Edinburgh
Their Royal Highnesses The Prince of Wales in addition to The Duchess of Cornwall
His Royal Highness The Prince William of Wales
His Royal Highness The Prince Henry of Wales
His Royal Highness The Duke of York
Her Royal Highness Princess Beatrice of York
Her Royal Highness Princess Eugenie of York
Their Royal Highnesses The Earl in addition to Countess of Wessex
The Lady Louise Mountbatten-Windsor
Her Royal Highness The Princess Royal in addition to Rear Admiral Timothy Laurence
Mr Peter Phillips
Miss Zara Phillips
The Viscount in addition to Viscountess Linley
The Honourable Charles Armstrong-Jones
The Honourable Margarita Armstrong-Jones
The Lady Sarah Chatto in addition to Mr. Daniel Chatto
Mr. Samuel Chatto
Mr Arthur Chatto
Their Royal Highnesses The Duke in addition to Duchess of Gloucester
Their Royal Highnesses The Duke in addition to Duchess of Kent
Their Royal Highnesses Prince in addition to Princess Michael of Kent
Her Royal Highness Princess Alexandra, the Honourable Lady Ogilvy
The Duchess of York

Perhaps or in addition to hence eager HELLO! reader could inform the IPKat if in that place are whatever glaring omissions.

PAN 6/06 is a alter of practice. It deals alongside prove of distinctive graphic symbol acquired through use. In item this recognises the number of the ECJ rulings inwards Philips in addition to HAVE H5N1 BREAK. Of involvement is the supposition that a grade must hold upward used every bit a merchandise grade inwards lodge to teach distinctive character. H5N1 telephone substitution tilt is:

The less plausible it appears on the human face upward of it that consumers would accept the grade inwards interrogation every bit serving a merchandise grade component the to a greater extent than of import it is to see what, if anything, the proprietor has done to bring upward the grade into a merchandise mark. Or to seat it or in addition to hence other way, the to a greater extent than descriptive or non-distinctive the grade appears, the to a greater extent than piece of occupation the proprietor volition stimulate got to seat inwards to prepare consumers that it is a merchandise mark. Where the grade has been used on a substantial scale every bit the sole or primary way of identifying the merchandise root of the goods it volition oft hold upward quite slowly to conclude from the context of the piece of occupation that Blue Planet stimulate got been educated to come across the grade every bit a merchandise mark.

isn’t exclusively happy close this. It appears that the Patent Office is concentrating on the intentions in addition to efforts of the merchandise grade owner, rather than looking at the destination resultant inwards price of consumer perception. Granted the 2 volition oft coincide but it isn’t rubber to assume that this volition ever hold upward the representative since merchandise marks sometimes accept on a life of their ain independent of their owners’ intentions.

New Regs Sweep Into Uk Ip Law

has received details of 2 novel Great Britain Statutory Instruments, both of which were pose earlier Parliament on vi Apr in addition to come upwardly into strength on 29 April. They are, respectively

Right: modern Statutory Instruments are unlikely to pose the House of Parliament alight, but they nonetheless generate excitement hither inwards the the world of IP blogs

The Community Trade Mark Regulations 2006 (2006 No. 1027), which supervene upon the Community Trade Mark Regulations 1996 (SI 1996/1908). The novel Regulations brand provision for (i) the performance of Council Regulation 40/94 on the Community merchandise score (CTM) in addition to (ii) marks protected nether the Madrid Protocol inwards the territory of the EU. In brief

* Regulations iii in addition to iv render for the physical care for for determining the invalidity, or liability to revocation, of the registration of a merchandise score from which a CTM claims seniority.

* Regulation v sets out the sanctions available nether national police for infringement of a CTM. It besides applies to such marks the provisions of the Trade Marks Act 1994 that bargain with infringement proceedings.

* Regulation vi applies to CTMs the provisions of the 1994 Act dealing with
groundless threats of infringement.

* Regulations vii in addition to viii apply to CTMs the provisions of the 1994 Act dealing with
the importation of infringing goods, materials in addition to articles, offences in addition to forfeiture.

* Regulation ix makes it a offense to correspond falsely that a score is a CTM or to brand faux representations equally to the goods in addition to services for which a CTM is registered.

* Regulation 10 provides for the conversion of a CTM or application for a
CTM into an application for registration nether the 1994 Act.

* Regulation eleven provides the privilege for communications with persons on the listing of professional person representatives maintained nether Article 89 of Regulation 40/94.

* Regulation 12 designates the Great Britain courts which accept jurisdiction over proceedings
arising out of Regulation 40/94.

confesses himself to total of admiration for the first-class mode inwards which Great Britain merchandise score police is really regulated. No-one could e'er bill the Brits of leaving things to chance. Merpel adds, but in that place are lots of gaps representing work areas that await judicial rulings, aren't there?


The Intellectual Property (Enforcement, etc.) Regulations 2006 (2006 No. 1027) implement the next Community instruments: (a) the Directive on the enforcement of intellectual holding rights, (b) the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), (c) Directive 98/71 on the legal protection of designs, (d) Community Design Regulation 6/2002 in addition to (e) the European Economic Area Agreement.

Left: enforcement isn't only a affair of legal rules - it's a affair of imposing your ascendency ...

The highlights of this SI are equally follows:

* Regulation iii (implementing Article xiii of the Enforcement Directive) sets out the grounds on which damages should move awarded against a individual who knowingly infringes an IP right.

* Regulation iv implements Article viii of the Enforcement Directive inwards Scotland, creating a novel type of courtroom lodge for disclosure of data virtually infringing goods in addition to services (this is already English linguistic communication law: run across Norwich Pharmacal v Customs in addition to Excise Commissioners [1974] air conditioning 133).

* Schedule 1 makes diverse amendments to the already much-amended Registered Designs Act 1949.

* Schedule 2 amends the Patents Act 1977, the Copyright, Designs in addition to Patents Act 1988 in addition to the Trade Marks Act 1994. Amendments relate to, alongside other things, restrictions on the ecovery of damages in addition to relief for infringement of a partially invalid patent.

* Schedule iii amends the Duration of Copyright in addition to Rights inwards Performances
Regulations 1995 (SI 1995/3297), the Copyright in addition to Related Rights Regulations 1996 (SI 1996/2967), the Copyright in addition to Rights inwards Databases Regulations 1997 (SI 1997/3032) in addition to the Community Design Regulations 2005 (SI 2005/696), yesteryear (among other things) creating a novel presumption inwards relation to publication right.

regrets that this postal service does non incorporate to a greater extent than helpful guidance, but he has started to glaze over whenever farther blueprint in addition to copyright police amendment comes his way. He prays that around form legislator volition come upwardly in addition to rewrite the UK's convoluted, cross-referenced in addition to confusing provisions from scratch, since they are well-nigh unmanageable.

Latest Etmr, Copyright World

128th Annual Meeting in Toronto from seven to 10 May, you lot tin alternative upwards a gratuitous re-create of the ETMR as well as also nation hullo to the publishers - Sweet & Maxwell volition hold upwards exhibiting inward the Thomson department of the Exhibit Hall.


April Copyright World

The Apr 2006 outcome of Informa's Copyright World has a jolly proficient slice inward it yesteryear a brace from CMS Hasche Sigle inward Hamburg: partner Jens Wagner as well as associate Daniel Kappes review the agency dissimilar countries handgrip counterfeits at the indicate at which they instruct into the EEA. There's a actually swell table, too, alongside at-a-glance comparisons of the agency things locomote inward Austria, Belgium, Switzerland, the Czech Republic, Spain, Germany, Italy, the Netherlands, Poland as well as the UK. So, the IPKat says (only inward jest) if you're importing fakes into Europe, this is where you lot honor your "best buy" jurisdiction for importation ...

Also of involvement inward this outcome is or as well as thus other German-based feature, this fourth dimension yesteryear Jan Pohle (Taylor Wessing's Dusseldorf office) on commerce inward used software licences nether a German linguistic communication police describe inward the low-cal of the Oracle five usedSoft conclusion of the Munich Landgericht this January.

Winner Of The Anagram Competition

is happy to anounce the winner of its latest competition, which carries alongside it costless entry to CLT's Shared Names conference (programme here).

Well - what variety of tit did you lot retrieve Anna meant?

In starting fourth dimension house is Anna Carboni (Wilberforce Chambers), alongside 2 entries:

• ESSENTIAL FUNCTION - anagram = 'tit on a sinful scene'
• OFFICE FOR HARMONISATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) - anagram = 'the Francaise swallow lasagne together with osculate inward OHIM'

Anna, delight arrive impact here.

Runner-up is Graeme Fearon (Thring Townsend) alongside his anagram of ELIZABETH EMANUEL - 'Uh! lame Liz eastward beaten'.

Thanks to all who entered together with remain tuned for the side past times side IPKat competition.

Essential Techniques For Litigating Allegedly Essential Patents

Essential techniques for litigating allegedly essential patents

Nokia Corp v Interdigital Technology Corp [2006] EWHC 802 (Pat) is a Patents Court conclusion of Mr Justice Pumfrey of Midweek 12 April. constitute it here on BAILII.

Interdigital was a query in addition to patent licensing fellowship inwards the cellphone sector. Nokia, who made mobile phones, alleged that, during the standard-setting procedure for third-generation mobile telephony systems, Interdigital had flagged a number of its patents equally beingness ‘essential’ for anyone operating to the proposed 3G standard. So far equally Nokia was concerned, whether those patents were essential for the 3G touchstone was a relevant component inwards fixing whatsoever royalty charge per unit of measurement Nokia would stimulate got to pay: Nokia accordingly sought declarations that the importation in addition to industry of mobile phones in addition to equipment that complied amongst the 3G touchstone didn't infringe Interdigital's patents, which were non thus essential for compliance amongst the 3G standard. Similar declarations were sought inwards abide by of Interdigital's patents for 2G telephony.

Interdigital applied to stimulate got Nokia's application struck out on the the world that at that spot was no finality inwards whatsoever of the declarations Nokia wanted, sinced it didn't follow, from the fact that the 3G touchstone did non involve infringement of a given patent, that anyone importing or selling equipment would non endure infringing that patent.

Right: minute generation telephony - a affair of the past, simply yet worth litigating

Pumfrey J refused to nail out Nokia's application. Given the complexity in addition to difficulty of this dispute equally a whole, the courtroom was non saltation to convey unthinkingly everything said yesteryear a political party inwards its contestation of case, which mightiness endure apparently devoid of substance. Both amongst regard to the dispute over the 3G patents in addition to the 2G patents, issues of fact had to endure resolved earlier it could endure seen whether Nokia's activity for a annunciation had whatsoever merit or not, then it would non endure appropriate to nail it out now.

remembers the erstwhile days when the top dog focus of patent litigation was on whether at that spot had been an infringement or not. Now it seems that a large quantity of litigation has been pushed upstream: actions for declarations, motions to nail out in addition to then on. This bears out how of import it is to know the procedural ropes likewise equally the basic tests of infringement.

How phones operate here
Making a vocal in addition to trip the lite fantastic close phones here
Phoney telephone calls here
Cellphone addiction here