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.