mix

Back from its holidays the Court of First Instance of the European Communities has lost no fourth dimension inwards dismissing weak appeals against the refusal of OHIM to grant Community merchandise marks inwards undeserving cases. Today's victim, inwards Joined Cases T-367 to 369/02 , was Wieland-Werke AG of Ulm, Germany. WW had applied to register the words SnTEM, SnPUR as well as SnMIX for "metallic semi-finished products inwards the shape of sheets, strips, wires, tubes, sections, rods or the like, peculiarly inwards non-ferrous metals, such equally copper or a copper alloy, having a metallic element coating on i side or both sides peculiarly of tin or a tin alloy", all inside Class vi of the Nice Classification . The examiner was unimpressed. In his opinion, the CFI stated: "the chemical part ‘Sn’ represents the chemic symbol for tin. The chemical part ‘TEM’ is the abbreviation used inwards the scientific as well as technical sphere for the discussion ‘tempered...

In LTE Scientific Ltd v Thomas [2005] EWHC seven (QB), decided yesterday past times Mr Justice Richards in addition to already noted past times the All England Direct subscription-only service, Thomas sold his concern to LTE on price which included restrictive covenants. LTE afterward alleged that Thomas was working for its competitors inward breach of those restrictive covenants. LTE obtained disclosure orders against Thomas in addition to his married adult woman which required them to deliver upward computers in addition to electronic storage devices in addition to so that their contents could last inspected. In these proceedings LTE alleged that, i time Thomas knew close the disclosure order, he (i) deliberately evaded service of the social club upon him in addition to (ii) installed a 'scratch' programme on his habitation estimator in addition to deleted diverse relevant files from the difficult disk. LTE besides complained that Mrs Thomas (i) failed to deliver the comp...

Did y'all know that the United States of America is seeking a worldwide patent? came across the following statement on the Committee of the Judiciary website: Single, Low-Cost World Patent. The toll to U.S. companies as well as inventors of applying for as well as obtaining course of pedagogy patents inward each of 150 or to a greater extent than countries is prohibitive. Indeveloping countries as well as fifty-fifty inward Europe, patent fees are at such high levels that they constitute a revenue enhancement on innovation. European authorities fees to obtain andmaintain a patent are to a greater extent than than 10 times the fees inward the U.S. In addition, the expense of retaining course of pedagogy patent attorneys or agents inward each unusual province is burdensome as well as expensive. The United States of America could accept a leadership piece of job inward negotiating an understanding nether which countries would laissez passer on amount religious belief as well as cred...

A publish of items of intellectual belongings involvement appear inwards today’s Times : * H5N1 letter from Ron Marchant, Chief Executive of the Britain Patent Office, who defends the Britain patent organization against attacks that it is inefficient. Mr Marchant, piece acknowledging that relevant documents concerning the prior fine art are non ever found, points to the fact that the Office’s administration organization has been ISO accredited. He confirms the Patent Office’s commitment to overseeing “accessible too enforceable rights at reasonable toll — too accurate data on which to base of operations their patent strategies too construct businesses”. * News that members of ITMA possess got been granted the correct to appear earlier the High Court too county courtroom inwards merchandise mark, pattern too passing off cases from April. wishes them luck. * H5N1 Who’s Who supplement entitled “Great Minds”. H5N1 publish of judges are included, simply no IP judges. thinks ...

Last month, inwards Trustees inwards the CB Simkin Trust v Inland Revenue Commissioner of New Zealand [2004] UKPC 55, The Privy Council ruled on an appeal from New Zealand on the taxation condition of exclusive merchandise grade licences. What truly happened was equally follows: The trustees of a merchandise grade appealed against the dismissal of their claims for depreciation allowance inwards honor of a number of merchandise marks nether the Income Tax Act 1994 (New Zealand) s.EG1. The trustees, equally owners of those merchandise marks, had granted exclusive licences over the merchandise marks for a menstruation of 7 years inwards provide for an annual royalty. They afterwards claimed depreciation allowance inwards honor of those merchandise marks on the footing that they were the owners of the right to work the merchandise marks during that seven-year period. The taxation government dismissed the claim. In this appeal the Privy Council had to create upwards one's require heed w...

EurActiv.com reports that, led past times quondam Polish PM Jerzi Buzek, 61 Members of the European Parliament direct keep introduced a motion bespeak the Commission to reconsider its proposal on the controversial software patents directive. Noting that "substantial changes" direct keep been made to the proposal since the June 2004 parliamentary elections, the MEPs are demanding that the Commission review its plans. The coalition is made upward of 61 MEPs from thirteen countries too 4 opposing political factions. Half of them are from Poland, which withdrew its back upward to a ministers' understanding on the directive final yr (see the IPKat, 21 Dec 2004). There was no indication on 10 Jan that the motion would stand upward a endangerment of existence voted on past times Parliament whatever fourth dimension soon. Under Article 55 of the Parliament's Rules of Procedure, the initiatory would demand to come upward from the commission inwards accuse of the dossier. Th...

On five Jan the IPKat reported that the European Court of Justice would soon live on giving judgment inwards the pharma repackaging cases. This must receive got been an acuate instance of wishful thinking, because he can't for the life of him (or for i of his ix lives, at whatever rate) mean value what induced him to order such a thing. The truth is that these cases haven't fifty-fifty got equally far equally the Advocate General's Opinion yet. apologises to his readers for unduly exciting them ... Oh, the shame of it! The Law of Cats' Embarrassment here (scroll downward to betoken 18) Cat's error here Diary of forthcoming ECJ hearings together with decisions here