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Showing posts from March, 2004

New Convention On Cultural Expressions

here .

The Ipkat In Addition To Merpel Nation Thanks; Toshi Comes To Town; Jiplp Looms Large

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mentioned that Toshitaka Kudo is visiting London for a duo of weeks, commence seven November. He is a Japanese attorney who is a Research Fellow at the Institute of Intellectual Property inwards Japan. Above: around other smashing Japanese invention If you'd similar to reckon Toshi inwards London this coming Mon seven Nov at 5.00pm at the London offices of Slaughter together with May, delight e-mail Jeremy here and permit him know. 3 JIPLP launch The firstly upshot of Oxford University Press's new intellectual holding title , the Journal of Intellectual Property Law together with Practice , volition move out at the destination of November. Edited past times IPKat co-blogmeister Jeremy, JIPLP volition move published monthly from Jan 2006 together with volition incorporate a alternative of refereed articles, electrical flow data items, reviews together with personal perspectives written past times a arrive at of IP enthusiasts together with experts from the UK, Europe, the Unit

Barclays Settles Tm Dispute

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Brand Republic reports that accountants Cooper Parry conduct hold settled their representative against Barclays. The dispute arose over the slogan “Now there’s a thought”. Barclays began to purpose it equally a slogan for its novel advertising campaign. Regional accountant Cooper Parry objected that it had been using the slogan for 5 years too brought a passing off action, claiming that Cooper Parry had “hijacked” its strapline. Influenza A virus subtype H5N1 lawsuit appointment was fixed for December, though an interim injunction was refused (according to Cooper Parry because it could non afford to render a cross-undertaking inward damages). Under the damage of the settlement, Barclays volition hold upwardly able to instruct ahead amongst the campaign. According to Barclays: "Barclays is happy to confirm that Cooper Parry is an independent companionship too that nosotros never had whatsoever intention of implying otherwise. Our advertising motility volition maintain amongst the

Atari Can't Cash Inwards One's Chips Instance Shifted To Ny; Proficient Intelligence From Iraq

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picked this example upward off Butterworths' All England Direct subscription service: Sawyer v Atari Interactive Inc [2005] EWHC 2351 (Ch), a Chancery Division determination of Mr Justice Lawrence Collins yesterday. Sawyer, a Scotsman, designed in addition to developed of estimator games inwards which he owned the copyright. His delineate of piece of job organisation existence based inwards Scotland, he had an agent inwards England: that was Atari Interactive, a Delaware enterprise in addition to games distributor that was licenced to marketplace Sawyer's games. It was a subsidiary of New York-based Atari Inc. Atari Interactive sent all its accounting paperwork to Atari Inc inwards New York, for world-wide royalty accounting to live processed. The agreements nether which Sawyer licensed Atari Interactive specified that they were governed past times English linguistic communication police but did non comprise a alternative of courtroom or arbitration. After a dispute arose inwa

Queen Mary Professors Produce The Double

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Two talks of complaint yesteryear professors from the Queen Mary Intellectual Property Research Institute : * Professor Michael Blakeney will move speaking at the Institute of Advanced Legal Studies, Russell Square TODAY at 6pm. His dependent acre is "Protection of Traditional Cultural Expression inward Asia too the Pacific" too CPD points are available. RSVP (quickly!) to IALS.Events@sas.ac.uk * Newly appointed Queen Mary professor Graeme Dinwoodie (also of Chicago-Kent Sc hool of Law, Chicago, US) volition move giving the start out beak inward a novel serial of seminars on globalization too merchandise marks, convened yesteryear Professor Blakeney too Dr Gail Evans. His championship is "The Impact of Globalization on Trade Mark Law". The beak is at 5.30pm TOMORROW inward Room G05 of the Old Anatomy Building, Charterhouse Square, London EC1. Confirm your attendance to Charlotte Knights . There is no accuse for deal either event. volition move at both events, too

Cases Inwards The Pipeline; The Odour Of Things To Come

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blogged the Court of First Instance's dismissal of an appeal against OHIM's refusal to grant a Community merchandise score registration for a composite merchandise score that included the scent of strawberry. He has instantly constitute a somewhat unsavoury sequel to this determination inwards an article yesteryear veteran commentator Naseem Javed ( right ) inwards E-Commerce Times on "stinky branding". He writes: "Initially, European Union trademark agencies refused the company's early on applications. So, Eden Sarl took it to their regional, second-highest courts. Just recently, these courts, too, rejected their application. [...] The scent of armpits, dingy laundry in addition to dirty diapers are all instantly sought-after scents, equally companies, pursuing smelly-branding, select all lined up, excited to select exclusive rights to aromas that they tin terminate utilization to convey to a greater extent than or less odor to their lifeless products ... &q

Sour Grapes Over Russian Champagne

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Kommersant reports that the iv largest Russian producers of Sovetskoe Champagne convey written to the Russian Agriculture Minister bespeak him to transfer the Sovetskoe merchandise score to the Producers of Champagne Wines, a non-profit organisation, the mission of which you lot tin belike estimate from its name. The score is currently held past times Soyuzplodoimport, a fellowship which manages a set out of merchandise marks on behalf of the state. At present, the “champagne” producers pay a licence fee that enables them to role the mark, merely it has come upwards to their attending that Soyuzplodoimport intends to sell the score to a non-protit task that does non create sparkling wine. The “champagne” producers are concerned that they won’t last able to role the score nether the novel ownership. was goggle-eyed when he read this story. He idea that the French producers of Champagne had managed to eradicate all other uses of the term on wine. However, it seems that the role on Sove

Changes To The Patent Court?

The Patent Office is seeking responses to the Department for Constitution Affairs’ consultations on the creation of a unmarried civil courtroom for England together with Wales. So far, the Department has conducted a consultation which has concluded every bit follows: 1. Ministers accept concluded that reform to practice unmarried Civil together with Family Courts amongst unified jurisdictions would endure viable together with beneficial. So they accept decided to adopt this every bit a long-term objective. 2. Establishing these unified courts volition withdraw main legislation. So the objective must degree role of a wider strategy. And it is a strategy that should laid about yielding benefits good earlier the destination of 2 unmarried laid about instance courts is realised. Meanwhile, the DCA has launched some other consulation, this fourth dimension on focusing judicial resources. This recognises that no purpose would endure served yesteryear changing the arrangements of the Patent

Handbag Copyist Bagged; When Patent Damages Together With Costs Are Withheld; Latest Ip Review

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1 Only Connect! 's trawl of IP tidings today took him to the fantabulous All England Direct subscription service in 1 trial again, where he constitute French Connection Ltd v Fresh Ideas Fashion Ltd - to a greater extent than or less other Chancery Division determination from novel man child on the bench Mr Justice Kitchin. Fashion retailers French Connection owned together with extensively used 2 Community merchandise marks: the give-and-take marks FCUK together with FRENCH CONNECTION, both beingness registered for trunks, travelling bags, handbags together with hold-alls (Class 18). They objected that Fresh Ideas had made together with sold handbags that bore their give-and-take marks together with used a similar type font, suing both them together with their sole manager for merchandise grade infringement together with passing off. French Connection pressed for summary judgment; the defendants did non present upward inwards courtroom together with were non represented. Kitchin

Lovin' Spoonful; Missing Term?; The Patent Zombie

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1 H5N1 spoonful of Regulations help the medicine become down While he was busy pursuing other things, the Great Britain Patents Act 1977 was farther amended - this fourth dimension past times the The Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 No.2759 - which came into forcefulness on xxx October. These Regulations implement sure as shooting provisions of Directive 2004/27 which amends Directive 2001/83 on the Community code for medicinal products for human use. Regulation 3 amends department threescore of the Patents Act 1977 in addition to then as to implement Article 10(6) of Directive 2001/83 (substituted past times Article 1(8) of the 2004 Directive) in addition to Article 13(6) of Directive 2001/82 on the Community code relating to veterinarian medicinal products (substituted past times Article 1(6) of Directive 2004/28). These Articles supply that the send of tests in addition to trials for the purposes of Article 10(1) to (4) of the 2001 Directive, in a

Last Night's Globalisation As Well As Tms Lecture

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Last nighttime the IPKat attended Professor Graeme Dinwoodie’s contribution to the Queen Mary IPRI serial on the impact of globalisation on merchandise score law. Professor Dinwoodie’s focus was on the potential conflict betwixt territoriality as well as globalisation. To this end, he identified ii reasons for territoriality, which atomic number 82 to dissimilar outcomes amongst regard to the diverse places inwards merchandise score police pull where the number arises. Intrinsic territoriality exists where the argue for territoriality is inherent inwards the type of merchandise score dominion itself piece political territoriality exists where, every bit a affair of political fact, it would locomote real hard to enforce merchandise score police pull exterior the territory. He as well as therefore proceeded to exhibit how the 3 master copy sources of the increased global impact of merchandise marks (expanded tourism, immigration as well as the beingness of multinational corporations) ti

Brain Drain; Comptrollers' Opinions; To A Greater Extent Than On Barclays Blog

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1 European Union legislates on admission of aliens to European inquiry projects has spotted Council Directive 2005/71 of 12 Oct 2005 on a specific physical care for for admitting third-country nationals for the purposes of scientific research. Recitals v together with half dozen of this Directive read equally follows: "(5) This Directive is intended to contribute to achieving these goals past times fostering the admission together with mobility for inquiry purposes of third-country nationals for stays of to a greater extent than than 3 months, inwards society to brand the Community to a greater extent than attractive to researchers from roughly the footing together with to boost its seat equally an international pump for research. (6) Implementation of this Directive should non encourage a encephalon drain from emerging or developing countries. Back-up measures to back upward researchers’ reintegration into their countries of source too equally the motion of researchers should l

Sight, Spice In Addition To Spam

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Seeing is believing The New York Lord's Day reports that the Metropolitan Transit Authority of New York (responsible for the subway, buses etc.) has applied to register the phrase “If you lot come across something, nation something”, used to encourage the populace to locomote vigilant inwards the struggle against terrorism, every moment a merchandise mark. Other carry authorities, who assumed that the phrase was gratis for everybody to use, are said to accept been surprised. can’t actually come across the betoken of this. He’s non certain that the phrase would distinguish the MTA, especially if other carry regime are using it, as well as he can’t come across what piece of job a grade amongst such negative connotations would locomote inwards the marketplace place. In theory merchandise grade protection may enable the MTA to law the grade against parodists, only at that spot are defences for parodists anyway. New IP blog Shamnad Basheer as well as Dev Gangjee of Oxford Intellectua

Bus Patent Stalls; Horrid Contract Illustration Inwards Complex Appeal

BAILII ). the moral of the even out is withal crystal clear. You tin post away relieve a lot of coin past times avoiding lawyers when y'all brand a contact - exactly the cost, inwards damage of stress, doubtfulness too legal fees if y'all too thus convey to litigate to run into what the damage of the contract means, may live on far higher.

Latest Trademark World, Patent World

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1 Trademark World ... The Nov consequence of Informa's 10-times-a-year Trademark World leads amongst a brilliant in addition to breezy slice yesteryear Nicola Isaacs (University of Plymouth) on the implications for build protection in addition to exploitation when household unit of measurement businesses autumn out, amongst specific reference to the battling Birkenstocks. In the same consequence Isabel Davies in addition to Kristien Carbonez ( Howrey ) review the Advocate General's Opinion in the Picasso/Picaro case, for which the European Court of Justice's ruling is eagerly awaited (no engagement fixed yet; the IPKat fancies early on February) in addition to Barbara Cookson ( Filemot ) writes on shape marks. 2 ... in addition to Patent World The Nov consequence of Trademark World's younger sis Patent World has besides reached the IPKat. It leads amongst IP litigation partners Nick Gardner in addition to Joel Smith ( Herbert Smith ) examining the purpose of in-house

Shopalotto Patent Denied; Cereal Patenting Hits The States

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patent horror storey from the US. Influenza A virus subtype H5N1 patent has been filed for a breakfast cereal concern format yesteryear Chicago-based Cereality . The persuasion is that customers at outlets of the Cereality Bar in addition to Café tin give the sack mix to a greater extent than than xxx brands of cereals to adjust their personal sense of savor in addition to either cause got the resulting mix away or add together milk from a "Moo Machine" (unrelated to the Swedish Moo Machine depicted below) in addition to relax on a sofa. Optional extras include chocolate in addition to strawberry flavouring for the milk in addition to toppings that make from bananas in addition to nuts to sugary "Pop Rocks". Counter staff ("cerealogists") wearable pyjamas equally a uniform, spell the café plays pop Sat forenoon cartoons on overhead boob tube sets to consummate the experience. Many of the customers are patently homesick students, whose diet consists almost

Rights For Sausages; Human Rights For Dummies; Apologies

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1 Cumberland sausage makers mobilise for action has learned from The News & Star that makers of the Cumberland sausage ( right ) inwards Cumbria get got formed an association inwards their acquire by to protect the reputation of traditional Cumberland sausage. After a coming together inwards Penrith final week, the Cumberland sausage producers’ association was formed, amongst Austen Davies of Border County Foods every bit chairman. The Association volition get got forrard a bid to the European Commission for protected geographical indication (PGI) status. H5N1 draft specification has been drawn upwardly too the Association is at i time putting together a detailed history of the spicy sausage. It is believed that the PGI volition last for the term TRADITIONAL CUMBERLAND SAUSAGE, to distinguish it from the diverse rogue sausages too other life forms ( left ) that masquerade every bit Cumberland sausages but are not. Merpel is feeling a chip dyslexic: this is a example of a PGI for

Copyright Round-Up

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* M&C Tech reports that the music-sharing mesh site, Grokster, has unopen down, next its defeat earlier the U.S. of A. Supreme Court inward June. isn’t surprised, considering how comprehensively they were trounced. Merpel looks frontward to the side past times side generation of file sharing service provider to convey a larn – such sport! * Vietnam Airways is to destination playing Vietnamese music on its flights according to Vietnamnet Brid ge . The Centre for Protection of Music Copyright argues that the airline should live on paying extra every bit it is performing the music inward public. The airline argues that it has already paid when it bought the CD containing the music. Merpel reckons that almost of the music played on aeroplanes isn’t worthy of copyright protection inward the commencement place. * Microsoft is to scan business office of the contents of the British Library as well as brand the results available on MSN Booksearch says Techworld . While it is non payi

Game Theory Lecture; Novel Book

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1 Game theory: forthcoming lecture On Th 24 November, from 6pm to 7pm, IPKat co-blogmeister Jeremy is giving a lecture hosted past times University College London inwards the Current Legal Problems series. The lecture is on ‘How to Win at Monopoly: Applying Game Theory to the Enforcement of Intellectual Property Rights’. According to the Abstract: "This lecture summarises the tenets of game theory together with the basic principles of intellectual belongings law. It tests the applicability of game theory to some basic intellectual belongings enforcement problems such equally dealing alongside counterfeit goods, parallel importation together with (if fourth dimension together with resources permit) cybersquatting. Finally, it volition present that intellectual belongings owners are to a greater extent than probable to “win” if they larn how to play the game amend nether existing rules than past times repeatedly demanding increased levels of legal protection". Please bring this

Afghans Come Upward Inwards From The Cold; Human Being Steals Name

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1 Operation Enduring WIPO Only 4 years afterward the Allied invasion of Transitional Islamic State of Afghanistan inwards Operation Enduring Freedom the authorities of that province has taken a momentous pace towards credence inside the international community past times signing up for ... the WIPO Convention . Above right: expressions of Afghan folk civilization volition produce goodness from WIPO membership This Convention comes into upshot for Transitional Islamic State of Afghanistan on xiii Dec 2005, when the Islamic Republic becomes the Convention's 183rd participating state. is, every bit usual, delighted. Does this hateful it's fourth dimension to position away the Kalashnikovs too whip out the Rolexes, he wonders. 2 Name theft human being remains anonymous was fascinated past times an exceptional from BBC News close a human being who has been sentenced to a term inwards jail for obtaining a passport past times deception afterward stealing a dead baby's get upwa