Rare Defence Strength Fails Again; Sunrise, Sunset For .Eu

Knight on the tiles

Forticrete Ltd v Lafarge Roofing Ltd is notwithstanding some other determination past times newly-appointed Patents Court estimate Mr Justice Kitchin, issued on Fri in addition to trailed on Butterworths' All England Direct online service.

Forticrete, who had a patent for roof tiles, sued Lafarge for infringement past times making in addition to selling its Duoplane tile. Lafarge wished to better its defence, arguing that it was allowed to behave on its allegedly infringing acts inwards reliance on the defense strength of the Patents Act 1977, s.64(1) ("Where a patent is granted for an invention, a someone who inwards the Britain before the priority engagement of the innovation (a) does inwards skillful organized religious belief an human action which would constitute an infringement of the patent if it were inwards force, or (b) makes inwards skillful organized religious belief effective in addition to serious preparations to practice such an act, has the correct to top away on to practice the human action or, equally the illustration may be, to practice the act, notwithstanding the grant of the patent; simply this correct does non extend to granting a licence to some other someone to practice the act"). Lafarge said its Duoplane tile was based on an before blueprint which it had made, kept in addition to used inwards the United Kingdom of Great Britain in addition to Northern Ireland before the priority engagement of Forticrete's patent.

Forticrete argued that Lafarge's defense strength had no existent prospect of success since the evidence inwards back upwardly of its contentions did non constitute that Lafarge had made ‘effective in addition to serious preparations’ to practice an human action ‘which would constitute an infringement of the patent if it were inwards force’ inwards relation to the before blueprint of tile. Forticrete added that, that if such preparations were proved to direct keep been done, Lafarge had non established that they were undertaken inwards honor of the Duoplane tile.

Kitchin J refused to permit Lafarge to better its defence. He held that the overriding requirement of s 64 was that a accused had to constitute that the action which he sought to undertake was substantially the same equally the action it had undertaken prior to the priority date, or that it had made effective in addition to serious preparations to practice such an act. In this case, piece at that spot was an arguable illustration that the blueprint of the Duoplane tile had been based on an before design, the chain of causation was insufficient to attract the protection of s 64 of the Act. This was because the Duoplane tile was neither identical nor like to the before design. Lafarge, accordingly, had failed to constitute that it had a existent prospect of success nether the section.

notes that s.64 is raised successfully equally a defense strength exclusively rarely. The narrow circumstances inwards which its criteria are fulfilled demonstrates why this is so.


Sunrise, hither nosotros come

's friend Ian Lowe reminds us that stage 1 of the sunrise menstruation for dot.eu domain scream applications starts on 7 Dec 2005. Dot.eu domain names are European Community based in addition to all applicants must last resident, direct keep their registered purpose or principal identify of business, or last established, inside the European Community.

Phase 1 sunrise applicants must also

* last the holder (or licensee) of a valid registered Community merchandise grade or national merchandise grade of a fellow member solid reason and
* apply to register a domain scream that corresponds to the merchandise grade inwards question.

If y'all want to bring sum payoff of stage 1 of the sunrise period, y'all must adjust to file an application through 1 of the 500 accredited dot.eu domain scream registrars inwards advance of seven December. Influenza A virus subtype H5N1 listing of registrars is available on the EURid website at www.eurid.eu. Each registrar volition file applications inwards the guild inwards which they are received.

An applicant whose application is the starting fourth dimension to last received at the EURid registry for a item scream on or afterward seven Dec volition in addition to thus direct keep twoscore days to validate rights to the registration past times lodging evidence amongst EURid's validation agent. If the validation fails in addition to thus the scream volition last offered to the side past times side applicant inwards line for the same name.

Phase 2 of the sunrise menstruation starts on 7 Feb 2006 when holders of other prior rights including unregistered merchandise marks or fellowship names may apply. The sunrise menstruation closes on 7 Apr 2006 in addition to applications volition in addition to thus last accepted on a first-come-first-served basis.

is trying actually difficult to instruct excited most this, simply amongst piddling success. He wonders how pop dot.eu names volition last amongst anyone (except European Union institutions) inwards its earliest phases. Merpel says, isn't it a shame that dot.eu has taken thus long. Where was it 10 years ago, when it would actually direct keep appealed to commercial entities (and to cybersquatters...)?

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