mix

One one-half of the IPKat who has simply come upwardly dorsum from her holidays noticed the next IP related articles inwards the British Airways inflight Business Life magazine: 1. Did yous know that according to the Eurostat Yearbook Swedes are the nearly probable nationals inwards Europe to utilise for a patent? 2. H5N1 column past times Frank Kane of the Observer newspaper, disputation that the backlash against global brands is probable to accept on fifty-fifty to a greater extent than strength thank yous to the business office of China – the combination of a 3rd of the world’s consumers together with enormous manufacturing capacity volition let the Chinese to build for themselves what they are unable to afford. 3. H5N1 column past times Simon Myers of the Figtree branding way alarm against rebranding for the incorrect reasons such every bit personal obsessions together with the arbitrary practice of authority. says: "Holiday? What holiday?". More IP inwar

Some jurisdictions employ the criterion Berne Union measure of "life addition fifty years" for the duration of copyright; others employ the European Union's "life addition seventy years" formula. This agency that 1 Jan 2005 volition come across the entry into the populace domain of a vast publish of works. To orbit yous closed to thought what yous tin -- depending on the province -- immediately re-create or perform amongst impunity, the IPKat has compiled this curt simply helpful list. People who died inwards 1954 * William R Inge : the Gloomy Dean, who made it to the cover of Time journal inwards Nov 1924 too who said: “it is useless for the sheep to top resolutions inwards favour of vegetarianism spell the wolf remains of a unlike opinion”. * Charles Ives : prolific American composer , despite spending his professional person career inwards the insurance sector. * Werner Bischof: Swiss photographer who specialised inwards post-War scenes. *

Peer-to-peer site LokiTorrent has announced its intention to resist the onslaught of the Motion Picture Association of America ( MPAA ) against P2P providers as well as to lay out a virtual chapeau to finance its legal fund. LokiTorrent, which uses BitTorrent technology, posted a missive of the alphabet from the MPAA on its site on Tuesday. That missive of the alphabet states that the MPAA has filed conform against it inwards a Texas district court, demanding that Loki Torrent cease linking to video files that could infringe studios' copyrights. It read: "If you've e'er benefited from this site or file-sharing inwards general, immediately is the fourth dimension to demonstrate your support. We are looking at a terms of $30K per calendar month inwards fees". By the fourth dimension this weblog was posted, nearly $18,842, or almost 60%of the full needed for a month, had been gathered according to a bar graph on the site. BitTorrent: immediately LokiTorrent provid

reports that a release of USA Navy SEALs are bringing a privacy activeness against the Associated Press News Agency for distributing pictures which look to demo them abusing prisoners. The SEALS claim that the pictures were taken from a somebody password-protected photograph album as well as that at that topographic point was no bespeak to demo the SEALs’ faces every mo this could order them inward danger. The way has said that the photos came from a commercial picture-sharing website. notes that if this illustration was played out inward the Great Britain the consequence would hold upwards a tricky one. If the pictures actually produce demo abuse taking house thence whatever breach of confidence or privacy claim powerfulness hold upwards unsuccessful based on the regulation that at that topographic point is no confidence inward an iniquity. However, if the pictures order their subjects inward danger thence the human correct to life may besides stimulate got a business office to p

has finished perusing the December/January consequence of the increasingly enjoyable in addition to informative bimonthly Intellectual Asset Management ( IAM ), published past times Globe White Page . This consequence includes the next features: * Nigel Page writes on the compensation received past times Japanese employees whose patented inventions stimulate got been profitably exploited past times their employers; * Craig Opperman writes on the pros in addition to cons of patenting software inwards Europe, viewed from the perspective of the perceived interests of smaller companies which campaign to compete against the multinationals; Alain Pompidou: the increasingly world facial expression upwardly of the EPO, till Alison Brimelow takes over * An interview amongst Alain Pompidou, President of the European Patent Office; * An obituary of the belatedly lamented IP boutique theater Fish & Neave.

In an in-depth characteristic published today, Law.com reports on Indian generic pharma companionship Ranbaxy's assail on Pfizer's Lipitor (apparently the world's most prescribed drug). Pfizer is resisting the challenge to its patent together with it volition last about fourth dimension earlier the number of this dispute is known. Lipitor: expert for lowering cholesterol levels; non then expert for lowering the blood pressure level of patent litigants Curiously, the IPKat says, the writer of the article describes Ranbaxy equally the David to Pfizer's Goliath. This rather creates the impression that Ranbaxy, which makes its coin past times making together with selling inexpensive versions of drugs that accept been expensively together with carefully tested past times proprietary pharma companies, is about assort of small, weak outfit. Ranbaxy is nonetheless null of the sort. By the admission of its CEO, Brian Tempest , "From a small-scale domestic companio

The 7th as well as latest edition of Russell-Clarke as well as Howe on Industrial Designs -- has instantly been published by Sweet & Maxwell as well as is currently sitting on the IPKat's desk. This work, a much-needed rewrite of the 1995 6th edition, has been produced inwards no-nonsense fashion yesteryear Martin Howe QC , 1 of the leading lights inwards heavyweight IP laid upwards 8 New Square . Martin Howe: his no-nonsense approach doesn't brand pattern police pull whatever easier, merely it does larn inwards easier to navigate Anyone involved inwards pattern protection inwards the U.K. volition know how extraordinarily complex the police pull currently is. With Community registered as well as unregistered pattern rights, United Kingdom of Great Britain as well as Northern Ireland registered as well as unregistered rights, artistic copyright as well as both Community as well as United Kingdom of Great Britain as well as Northern Ireland merchandise score registra

China View brings news of enterprising Chinese companies that are cashing inward on the popularity of local celluloid titles past times registering them equally merchandise marks for their ain products. Thus local painting exhibit household hitting "Kung Fu Hustle" has been purloined equally a build lift for pigment in addition to (ironically) "A World Without Thieves" has been stolen for purpose past times a Beijing applied scientific discipline company. Local legal proficient Li Mingzu says that, piece the films are copyright-protected, electrical current laws don't protect their names from beingness used. "According to verdicts of past times cases, the purpose of a celluloid lift equally a build doesn't violate intellectual belongings laws. And celluloid titles won't endure protected past times intellectual belongings correct laws." However, Li Guoming, secretary-general of the Red People's Republic of China Filmmaker Association, says f

According to Business Wire , Hitachi Global Storage Technologies has only announced that it has sued GS Magicstor Inc . of China, its Chinese nurture companionship GS Magic Inc. too Riospring, Inc. of Milpitas, CA. (Magicstor's question affiliate) for infringement of numerous Hitachi GST patents relating to difficult disk drives. The suit, filed inwards the U.S. District Court for the Northern District of California, seeks monetary damages too a permanent injunction that bars the GS Magic entities from making, using, importing, offering to sell, or selling the allegedly infringing products inwards the US. Said Robert Holleran, full general managing director of Hitachi GST's Hard Disk Drive Group: "Hitachi GST's powerfulness to compete inwards the difficult disk campaign manufacture is based on a history of deep investment inwards question too development, especially inwards the advancement of innovative small-form-factor difficult drives. We convey a responsibleness t

's merely discovered roughly other new book , courtesy of Sweet & Maxwell: it's called The Law of Photography as well as Digital Images as well as it's past times a London-based barrister, Christina Michalos . The publisher's blurb describes the mass equally a "groundbreaking work" which provides "a one-stop root for all lawyers advising on the police of photography as well as digital images". Having written a mass or ii inward his time, the IPKat would prefer "backbreaking" to "groundbreaking", but the flake most the one-stop store is right. This isn't merely a mass most photography as well as digital images inward their intellectual belongings context: a quick perusal of the tabular array of statutes as well as statutory instruments provides a salutary reminder of the vast number of legal issues that beset photographers as well as those who desire to operate their images but which accept absolutely nada to create amo

has only read of the contrived endeavour to ensure that the like shooting fish in a barrel Elvis Presley, heading for what would convey been his 70th birthday, captures the allegedly coveted 1,000th Number One topographic point inward the United Kingdom of Great Britain too Northern Ireland of Britain too Northern Republic of Ireland Singles chart. Is Elvis nonetheless alive? The hunt moves to Nihon . .. Says the IPKat: "It is hard to feign indifference when it is too then real deeply felt". Manipulation of recorded music sales charts here , here , here , here , here and here More pleasurable manipulation here and here

Today's The Economic Times reports that India's patent police provisionally extends its protection today to encompass a hit of products from drugs in addition to chemicals to mobile yell upwards in addition to figurer software, inward trouble alongside commitments to the World Trade Organization nether the TRIPs treaty. Commerce in addition to Industry Minister Kamal Nath said the amendment was made past times presidential decree yesterday. The decree signals a breakthrough inward patent reform, which had been stalled past times concerns raised past times communist allies of the ruling coalition in addition to opposition parties, who wanted adequate safeguards to keep cost stability of life-saving medicines. Said Nath: "The fearfulness that prices of medicines volition spiral is unfounded. [...] nosotros must realise the fact that 97 per centum of all drugs manufactured inward Republic of Republic of India are off patent in addition to then volition rest unaffected".

The here and here (scroll the IPKat to ii December)). This edition takes into concern human relationship the implementation of Directive 2001/29 (the Copyright Directive) into United Kingdom of Great Britain in addition to Northern Ireland of Britain in addition to Northern Republic of Ireland constabulary in addition to considers its comport upon on performers' rights. It besides includes major developments inwards representative law, such every bit Case C-245/00 SENA v NOS decision of the ECJ on equitable remuneration in addition to the Experience Hendrix v PPX conclusion of the Court of Appeal on damages for breach of contract. Not solely that, simply the comport upon of the cyberspace (especially inwards price of file sharing), the acquaint part of collecting societies in addition to the problems of securing equitable remuneration are besides discussed. There's besides a novel chapter on performers' contracts which deals amongst the price relating to consent to ex

The sequel to the Order of the European Court of Justice inwards Case C- 259/02 1 has emerged inwards Mr Justice Blackburne's Chancery Division ruling inwards La Mer Technologies Inc v Laboratoires Goemar SA , twenty Dec 2004 (still unavailable via BAILII and the Court Service websites). Goemar, a fellowship that specialised inwards seaweed products, obtained registration of 2 merchandise marks comprising the words LABORATOIRE DE LA MER. The commencement mark , for perfumes as well as cosmetics containing marine products (Class 3), was registered inwards Feb 1992. Sales inwards the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland for the 5 years after registration were really limited, amounting to alone well-nigh £800 worth of goods, which were sold to Goemar’s Scottish-based agent who after ceased trading as well as was struck off the register of companies inwards Oct 1997. Most of the goods sold were covered past

European merchandise grade owners' arrangement MARQUES is trialling a intelligence service. Just teach to the MARQUES home page in addition to you'll notice it only below the organisation's Welcome message. says this looks similar a jolly expert service in addition to hopes MARQUES persists amongst it. There's lots of work organization in addition to branding news, Merpel adds.

Normally the real image of correctness inwards these matters, The Register slipped upwardly badly amongst its headline "Killer hoover attacks Scotsman" , the automobile inwards inquiry beingness non a HOOVER exactly a DYSON. A Google Image search for "killer + dyson" identified the to a higher house illustration wonders whether this unfortunate incident would autumn inside the Definition of merchandise orbit infringement nether Article five of Council Directive 89/104.

sends all those who are celebrating compliments of the season. Festive IP here , here too here

The BBC reports that it has been a big calendar week for IP rights inwards China. Honda has won what is reported to travel a copyright case, allowing it to cease a tertiary political party from producing Honda build bikes. Paw Inc accept managed to cease the production of pirated Garfield books too Communist People's Republic of China has announced that it volition innovate criminal sanctions against IP infringers, including prison theatre sentences. says it’s worth watching IP developments inwards Communist People's Republic of China considering what a big marketplace it is. IP inwards Communist People's Republic of China here Garfield inwards Communist People's Republic of China here

The Jan 2005 resultant of leading IP journal the European Intellectual Property Review has straightaway been published. As ever, it contains loads of exciting content. In particular, * Berwin Leighton Paisner assistant Toby Headdon asks whether the European unregistered pattern correct applies retrospectively, but concludes that it doesn't; * Stina Teilmann reviews Immanuel Kant's declaration that copyright was justified inward abide by of literary but non artistic works; Corona: the lemon-in-bottle resultant volition live on coming to a caput amongst an appeal to the ECJ * IPKat co-master Jeremy writes most the Court of First Instance conclusion inward Case T-399/02 Eurocermex on the non-registrability equally a Community merchandise rank of the lemon-stuck-in-bottle tiptop for CORONA beer.

In the High Court's Chancery Division end Tuesday, inward Dyson Ltd v Qualtex (UK) Ltd [2004] EWHC 2981 (Ch), Mr Justice Isle of Mann handed Dyson a welcome victory in its battle against unlicensed spare parts sellers. Dyson made vacuum cleaners; Qualtex supplied spare parts for domestic appliances that were duplicates of the master copy parts. Dyson sued, alleging infringement of unregistered pattern correct inward a position out of vacuum cleaner spare parts including wand handles, cable winders as well as brush bars. It was accepted that parts of each of those designs was covered past times the ‘must fit’ as well as ‘must match’ exceptions educate out inward s.213(3) of the Copyright, Designs as well as Patents Act 1988, but Dyson maintained that bits of pattern for each production did non autumn inside either of those exceptions. Qualtex admitted that all the parts were copied but argued that (i) many of the relevant designs had been copied from elsewhere, (ii) the ‘must fit’

news that the WTO has criticised the European Union for its handling of the dispute betwixt Czech Budweiser as well as American Budweiser. It appears that the EU’s policy equally regards the protection of geographical indications was felt to offering less favourable handling to producers from exterior the EU. suspects that one’s order inward the Budweiser dispute is influenced yesteryear which side of the Atlantic 1 hails from. Visit the dwelling of Budweiser(s) here as well as here

Canada: a haven for generic drugs? Medical News Today reports that Canada is proposing to ameliorate its patent constabulary inwards monastic say to optimize the residuum betwixt encouraging continued excogitation inwards novel drugs as well as promoting timely generic competition. Under the proposal pharmaceutical companies volition non live on able to extend the menses of information exclusivity that they are granted inwards a trend that is incompatible amongst the master copy operate of such protection. This should enable generics to come upward to the marketplace to a greater extent than easily. However, for truly innovative drugs, the information exclusivity menses volition live on extended from vi years to viii years, amongst an extra vi months for drugs which convey been the plain of study of clinical trials on children. welcomes this subtle approach, which directs its measures specifically to the problems identified, rather than a “one size fits all” approach. More

WIPO has informed the IPKat that the Republic of Republic of Ireland has acceded to the Paris Act of the Berne Convention for the Protection of Literary as well as Artistic Works amongst resultant from two March 2005. James Joyce: the trustees of his estate volition shortly relish Berne Protection, Paris-style The Irish Gaelic inward Paris here and here

has been kept on the tips of his paws, impatiently awaiting the instant edition of Neil J. Wilkof's iconic live Trade Mark Licensing ( Sweet & Maxwell ). Happy to say, this championship has immediately emerged as well as Neil, amongst the aid of diverse friends, has produced an fifty-fifty amend live than the master copy -- which was unleashed on an unsuspecting readership of mortal practitioners as well as in-house attorneys 10 long years ago. As the publishes boast on their web-blurb: " Trade Mark Licensing provides a completely rounded perspective on the subject, integrating give-and-take of legal concepts amongst extensive advice on practical concerns. The novel edition has been completely updated, including expanded sections on the European Union dimension of merchandise rate licensing, merchandising, certification marks,and taxation (including handling nether USA law)". Neil's width of involvement as well as depth of analysis are reflected inwards n

has come upward across this rather natty petty OHIM Board of Appeal determination concerning the registrability of the cast of a wavy sausage equally a Community merchandise mark. It's inwards French, merely from what the IPKat tin sack brand out, the appeal was allowed inwards in addition to thence far equally the rank was applied for for cheese merely the rank could non travel registered for meat products. notes that merchandise rank applicants tin sack effectively pose weird in addition to wonderful types of marks on the European merchandise rank agenda, fifty-fifty if they bring to merit to them, past times applying to register in addition to persisting alongside the application. More featherbrained sausages here , here and here

In Agilent Technologies Federal Republic of Federal Republic of Germany GmbH v Waters Corp as well as around other (spotted past times LexisNexis' subscription-only All England Direct service) [2004] EWHC 2992 (Ch) Mr Justice Pumfrey, sitting inwards the Patents Court, dismissed what looked similar a pretty far-out patent infringement claim. Agilent owned a patent for to pumping apparatus for the delivery of liquid at high pressure level which could move used inwards high pressure level liquid chromatography columns. Following unreported proceedings inwards which the Court of Appeal ([2002] All ER (D) 152 (May)) held the patent valid as well as infringed, Agilent sued again, alleging that around other Waters' see organisation infringed. This machine operated inwards ‘manual mode’,the operator selecting see book from 4 pre-selectable volumes as well as separately specifying the menses charge per unit of measurement of solvent delivered past times the machine. This machine info

has learned from James Heald of the FFII that the Software Patenting Directive was removed from the agenda of today's coming together of the Agriculture in addition to Fisheries ministers (see yesterday's post) on the instigation of the Polish delegation. No appointment has been given for its hereafter consideration.

The Register reports that the European Union is due to laissez passer on its finally approving to the Software Patent Directive tomorrow (Tuesday). Bizarrely though, it volition last the Agriculture together with Fisheries Committee that volition accept the decision. The argue for this is that the Competition Commission, which would unremarkably last responsible for the Directive, does non catch i time again during 2004 together with the Dutch are cracking to get got this Directive downwards on their lucifer earlier they relinquish the Presidency of the EU. A fish comments: "... but volition the Competition Commission last setting European Union line-fishing quotas?" says that this all sounds a fighting fishy (yum). What’s the indicate of having a scrutiny procedure if, when the specialists can’t brand it, ministers amongst simply unrelated portfolios tin laissez passer on the sack create the undertaking instead. More prove of the fish/computer nexis here , here and h

Here's a coup for the LexisNexis subscription-only All England Direct service -- a real swiftly delivered banker's complaint on Cambridge Antibody Technology v Abbott Biotechnology Ltd too another, [2004] EWHC 2974 (Pat), a Patents Court determination of Mr Justice Laddie yesterday. CAT , a research-based company, was involved inwards the evolution too licensing of applied scientific discipline relating to the production of antibodies. Abbott were a grouping of pharmaceutical companies too its belongings company. In 1993 CAT licensed Abbott to operate its applied scientific discipline to attain a genetically-engineered human antibody for operate inwards the handling of rheumatoid arthritis. That understanding was renewed inwards 1995. The final result of the collaboration betwixt them was that Abbott produced a meat called HUMIRA . Under the agreements Abbott had to pay CAT royalties of merely over 5% of the internet sales of HUMIRA, dependent area to an starting fourth dime

...that you lot stimulate got a hold off at the Becker-Posner Blog , where the dynamic duo stimulate got posted their thoughts on pharmaceutical patents. Of item involvement are Judge Posner's comments advocating shorter copyright as well as patent terms. Shorter patents - volition anyone eat them?

The Court of Appeal gave its here and here

arcelona together with Brazil sharp-shooting football game star The Register . The article observes that Ronaldinho Gaucho's existent cite is genuinely Ronaldo de Assis Moreira (the quondam existence his professional person name), but he won his instance before a WIPO arbitrator because he met all the criteria for the domain to live handed over. * First, dissimilar nigh situations inwards which famous people convey been handed domain names, his agent has applied for the registration of xi merchandise marks for the cite Ronaldinho Gaucho equally long agone equally Feb 2000. Ronaldinho has a clear involvement inwards the cite since he has numerous sponsorship bargain with, alongside others, Nike, Pepsi together with Electronic Arts. Ronaldinho: WIPO referee rules him onside inwards domain cite dispute * Second, C. D. Webb, the individual who registered the domain, clearly did together with then knowing who Ronaldinho was because the domain was alone registered inwards July this yea

The New Year's Day is non nevertheless alongside us, exactly Sweet & Maxwell has already published the Jan 2005 resultant of the European Trade Mark Reports . This resultant is something of a "European Dilution Special", since all the cases bring a dilutionary slant to them. Cases included inwards this resultant which are available inwards English linguistic communication forthe start out fourth dimension are equally follows: * Campomar SL v Nike International Ltd (Supreme Court, Portugal): an application past times Nike's rivals Campomar to extend an existing international merchandise order registration to Portugal is beaten back. * Adidas Salomon AG v Dolce & Gabbana Deutschland GmbH (Oberlandesgericht, Munich): protection of the three-stripe motif equally a famous mark. * Adidas Salomon AG in addition to Adidas Italian Republic Slr v Shoes Partners SAS (Court of Rome): whether three-stripe order would move perceived equally a merchandise orde

An apple tree a solar daytime keeps lawyers at play The BBC reports that Apple has brought a breach of confidence activity inwards the U.S. of America against every 2nd yet unknown individuals who accept revealed details of a novel Apple production on the internet. Apple has said that it volition ameliorate the electrical load i time it finds out who the alleged miscreant is. The electrical load comes only weeks ahead of the MacWorld conference, where Apple has launched novel products inwards the past. Apple fans accept speculated on in that place existence a launch of a novel gadget at the 2005 conference. realises how annoying it must survive for Apple to accept its big launch spoiled, peculiarly if suspicion that there’s a novel version coming out puts people off buying iPods every 2nd Christmas gifts. Merpel nonetheless points out what neat publicity the leak as well as the subsequent legal activity could be. More cloak-and-dagger apples here as well as here Season

Ananova mentions in passing that Elvis Presley's intellectual belongings assets are on the move: the study states that American human being of affairs Robert Sillerman has bought the rights to the King's music in addition to the worldwide merchandising of his name. No amount has been disclosed. Elvis Presley alongside a personal message for the IPKat is the world's worst Elvis impersonator. He tin produce the singing bit, exactly cats aren't also bully at wiggling their hips ... Other Sillerman purchases here in addition to here Different sorts of King's music here , here and here

The BBC reports that the European Union has offered to laid about talks amongst Turkey that could ultimately Pb to Turkey becoming a fellow member of the EU. three Oct has been offered equally a start appointment for the talks, which could induce got equally long equally fifteen years, though Turkey has non officially responded yet. Turkey’s entry to the European Union though is probable to move subject on its taking steps to recognise Cyprus. notes that if Turkey does accede, that’ll move 1 to a greater extent than province inwards which proprietors’ Community merchandise marks too designs volition move effective. He wonders though which volition come upward starting fourth dimension – Turkey’s accession or the Community patent? Patents involving Turkey here Turkish IP information here

The Court of Appeal ruled yesterday on roughly interesting costs aspects of patent litigation inwards SmithKline Beecham plc in addition to others v Apotex Europe Ltd in addition to others [2004] EWCA Civ 1703. SKB had a patent for paroxetine hydrochloride anhydrate which was substantially gratis of outflow organic solvent. Following patent revocation in addition to infringement litigation, SKB in addition to Apotex sought apportionment of the costs betwixt them inwards honour of the kickoff example in addition to appeal proceedings. In before proceedings the Court of Appeal had upheld Mr Justice Pumfrey's finding that Apotex did non infringe SKB's patent merely it reversed his findings that the patentwas invalid for lack of novelty in addition to inventive step. The patent had itself been substantially amended in addition to claims which SKB relied on until the laid about of the trial disclaimed were afterwards abandoned. It was impossible to disentangle the diverse iss

Ananova reports on legal proceedings involving Maxine Carr, the greatly reviled quondam girl of British double-murderer Ian Huntley . In July, Carr's lawyers obtained an gild protecting her novel life. The injunction currently inwards house bans publication of whatever details which could unwrap her novel identity, including whatever description of where she lives as well as the nature of her work. Carr, 27, was jailed a yr agone for conspiring to pervert the course of teaching of judge amongst Huntley, who killed schoolgirls Holly Wells as well as Jessica Chapman. In May, Mr Justice Eady ruled that Carr's identity needed to endure kept undercover for her ain security next her liberate on probation that calendar month later serving one-half of a 42-month sentence. He said the gild was "necessary as well as proportionate" every bit at that topographic point was "clear evidence" of danger to her life as well as physical well-being - which involved Carr be

The Register reports today that Autodesk and Microsoft have signed a cross-licensing understanding that volition give each society broader access to the other's patent portfolio. Terms of the deal, which is reported to possess got taken 6 months to hammer out, were kept nether wraps. The bargain expands the orbit of their co-operation into novel areas including information management, digital effects, digital rights management, computer-aided pattern in addition to location-based services. Brad Smith , full general counsel for Microsoft, said the bargain was expert for customers of both companies because it expanded each company's achieve on what he called "commercially reasonable terms". He added: "Intellectual belongings licensing is a cornerstone of today's software manufacture in addition to is essential for the evolution of comprehensive engineering scientific discipline solutions". Brad Smith: cross-licensing "good for customers of both com

The 5th number of Legalease's bimonthly Advertising, Marketing & Branding Law Journal has similar a shot appeared. This journal carries bright, short, abrupt focal writing on a broad hit of topics inside the full general rubric of advertising too marketing police describe too practice. This issue's contents include: * Influenza A virus subtype H5N1 review past times Rupert Casey ( Macfarlanes ) of 1 of the IPKat's favourite topics -- precisely 1 which has hardly always written virtually on this side of the Atlantic -- the legal consequences of viral marketing campaigns. * Design rights campaigner Dids Macdonald ( ACID ) argues for an extension of the criminal police describe into the champaign of blueprint infringement (the IPKat wants to know: is Dids a holler inward its ain correct or is it brusque for anything?). * Peter Richards-Carpenter ( Mayer Brown Rowe & Maw ) looks at the EU's Distance Marketing Directive , implemented inward Oct too which is non

Findlaw reports that Google has but won the representative against it brought past times Geico. USA District Judge Leonie Brinkema has said that Google’s Adsense plan does non infringe merchandise orbit police describe every 2d at that spot is no confusion of consumers. The plan plant past times allowing 3rd parties to bid for other peoples’ merchandise marks, then that those 3rd parties’ advertisements volition seem every 2d sponsored links when the merchandise orbit is used past times consumers every 2d a search term. However, the representative is continuing amongst regard to the role of merchandise marks inwards the actual advertisements as well as pop-up advertisements. wonders whether, had this representative been brought inwards the EU, Google would accept been stopped nether the unfair payoff of distinctive grapheme caput of merchandise orbit infringement. Look where at that spot are no sponsored links: here as well as here Look where at that spot are sponsored links

The Register reports that Honeywell's legal activity against 34 electronics in addition to computing companies for allegedly infringing i of its liquid crystal display (LCD) patents has yielded its showtime world licensing agreement. NEC's LCD partitioning said it had agreed to pay Honeywell for the correct to role technology scientific discipline outlined inwards the U.S. patent bring out 5,280,371, which Honeywell filed inwards 1992. The fiscal price underpinning the bargain were non disclosed. The patent covers a LCD's "directional diffuser" - the filter used inwards many LCDs to growth the angles at which the covert tin last viewed. This technique is employed inwards a arrive at of devices such equally notebook PCs, LCD monitors in addition to TVs, PDAs, mobile phones, digital cameras in addition to and then on. Not surprisingly, given the broad role of diffraction systems, Honeywell has already licensed its IP to major LCD manufacturers, including Samsung in

wishes to depict your attending to a recent US case. Those of yous who accept been next US police volition realise that the Supreme Court delivered a conclusion concluding year, Mosley v V Secret , which stated that, inwards gild to succeed inwards a Federal dilution claim, claimants must evidence actual dilution rather than mere likelihood of dilution. However, the courtroom made a rather cryptic comment: “It may good be, however, that right away evidence of dilution such equally consumer surveys volition non last necessary if actual dilution tin reliably last proven through circumstantial evidence–the obvious example is i where the junior too senior marks are identical.” There has been declaration close whether this way that where the parties' marks are identical, this inwards itself constitutes circumstantial evidence of dilution too inwards that province of affairs alone, in that place is no demand to evidence actual dilution OR whether circumstantial evidence tin simply last

In a displace that was widely expected yesteryear the UK of Britain as well as Northern Republic of Ireland patent fraternity, the UK of Britain as well as Northern Republic of Ireland Government yesterday announced its opposition to the relaxation of existing rules on the patentability of reckoner software. The announcement, inwards its relevant part, reads every bit follows: Minister for Science & Innovation, Lord Sainsbury, ... outlined the Government's draw of piece of occupation solid commitment to a patent arrangement which fosters as well as supports innovation inwards all areas of technology, including inventions which rely on software. The proposed European Directive on the patentability of computer-implemented inventions volition non adversely affect on the software market, peculiarly inwards relation to Open Source, simply volition instead assist back upwards a potent as well as vibrant applied scientific discipline based industry. Critics of the proposed Direc

Issue five of Life Sciences Law & Business , the bimonthly published past times Legalease , has only been published. Each final result typically contains 7 articles: coverage includes intellectual property, regulatory together with commercial issues together with the writers are drawn from the ranks of practitioners on both sides of the Atlantic. This final result includes, with other items, the following: * H5N1 review past times Penny Gilbert (Bristows) of the recent House of Lords decision in Kirin-Amgen v Transkaryotic Therapies . * Paul Ranson (PharmaLaw, Stringer Saul) writing on the legal dimension to outsourcing inwards the pharmaceutical industries. * H5N1 lively slice on "reach-through royalties" together with patented inquiry tools past times Foley Hoag's Donald Ware (the IPKat reckons this tin move a existent increase expanse for litigation until the primal points are resolved past times legislation or, to a greater extent than likely, judicial ruli

Ananova brings to a greater extent than word of artistic curiosities , from Chile. This special features creative someone Sebastian Mahaluf, who has wrapped 3 floors of the Centro Cultural Kingdom of Spain museum amongst 8500 metres of elastic ribbon inward Chile's captain Santiago. The ribbons cross the midpoint of each flooring several times, entering every window in addition to creating the illusion of the sunlight coming in. Professional climbers were used to wrap the ribbons exterior the building. Mr Mahaluf told Chilean newspaper Las Ultimas Noticias : "This locomote is rattling much theme on people´s private observation because it cannot live seen every bit a whole, i tin rate notice alone uncovering bits of it at dissimilar times". wonders non alone whether this "work" is an artistic locomote that is entitled to copyright protection inward price of the Berne Convention, likewise every bit whether the role of the same notion within a dissimilar edifice

The Court of First Instance gave judgment yesterday inward Case T-8/03 El Corte Inglés five OHIM - Pucci (EMILIO PUCCI). It is available in a release of languages including Latvian, Lithuanian as well as Slovak -- simply non English. wonders why the European Commission spends his hard-earned coin on a diversity of causes all over the world, simply won't render plenty cash for immediate translation of cases involving European Union constabulary into the world's most widely-used linguistic communication inward intellectual belongings circles. Who , he wants to know, is the somebody responsible for the translation of ECJ as well as CFI cases? What is the pose down of electrical flow translation policy? Does it accept whatsoever official sanction? How are English-speaking lawyers expected to compete inward the provision of legal advice, alongside lawyers from France, Federal Republic of Federal Republic of Germany as well as other countries inward the lucrative marketplace fo

Findlaw here as well as here

According to the fantabulous Digital Lifestyles magazine the United Kingdom of Great Britain as well as Northern Ireland Film Council has launched today a 94-page study containing thirty measures the Council feels volition aid defeat the spread of unauthorised cinema copying inwards the UK. Compiled past times the Anti-Piracy Taskforce convened past times the United Kingdom of Great Britain as well as Northern Ireland Film Council it contains suggestions of short, medium as well as long-term actions aimed at the United Kingdom of Great Britain as well as Northern Ireland Government, the United Kingdom of Great Britain as well as Northern Ireland cinema manufacture and, what they call, "Government-backed as well as other cinema sector stakeholders". Started inwards Summer 2003, it has taken most xviii months to complete. The study is beingness forwarded to The Creative Industries Forum on Intellectual Property, which was launched past times the United Kingdom of Great Britain