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