Intellectual Property – Patentability Of Computer Programmes - Exclusions
Posted on April 18, 2008 - Filed Under Legal and Law | Leave a Comment
In the recent judgment of Re Shopalotto.com (2005), the Comptroller refused a patent application for a computer programme that permitted a user to play the lottery on the grounds that it was excluded from patentability under the provisions of the Patents Act 1977.
Shopalotto.com applied for a patent of a computer apparatus configured to provide a lottery playable via the Internet. The apparatus provided a web server and further software conditioning the machine to receive, store, select and compare. This enabled the computer to operate in a new way—to permit a user to play the lottery. The application was rejected and Shopalotto.com appealed this decision.
Read More..>>Landmark Ruling In Trade Mark Case - Test For Invalidity
Posted on March 24, 2008 - Filed Under Legal and Law | Leave a Comment
In Special Effects Limited v L’Oreal & International Trademark Association (Intervener) [2007] EWCA Civ 1, the Court of Appeal overturned the decision of the Chancery Division of the High Court. The case concerned an opposition to a trade mark registration. The Court in the first instance held that there was no relevant difference between the practice and procedure of the Trade Mark Registry in opposition proceedings under s 38(2) of the Trade Marks Act 1994 and invalidity proceedings under s 47(1) of the Act. The issues in dispute in the two sets of proceedings were identical.
First Instance Decision
Read More..>>Intellectual Property Law - Trade Mark Infringement - What Is The Overall Impression?
Posted on March 14, 2008 - Filed Under Legal and Law | Leave a Comment
The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: ‘(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark’.
Read More..>>Faq: Intellectual Property Protection
Posted on January 24, 2008 - Filed Under Legal and Law | Leave a Comment
Frequently Asked Questions on Intellectual Property Protection
1. Are intellectual property assets?
Without a doubt, intellectual property (IP) is one of the most important assets that a company will own. IP can be licensed, bought, sold, hired or mortgaged like any other form of property. One of the main sources of IP is from the results of research and development work. In order for companies and individuals to maintain the value of their IP, they must ensure a sufficient level of protection and safeguard against infringing a third party’s IP, writes Dr Rosanna Cooper.
2. What are intellectual property rights (IPRs)?
Read More..>>Intellectual Property - Copyright Infringement In Computer Software
Posted on January 10, 2008 - Filed Under Legal and Law | Leave a Comment
The case of Point Solutions Ltd v Focus Business Solutions Ltd and Another [2007], which was heard in the Court of Appeal, involved a claimant who carried on business as a provider of computer software services, and in particular software for the creation and use of electronic application forms for provision to the financial services sector.
At the material time the defendants had for a number of years been the dominant supplier in that market. In April 2001, the claimant and the defendants entered into an outsourcing agreement under which the claimant carried out work for the defendants, work which included a review of a module in the defendants’ Goal software. In order to carry out that work, the claimant was provided with three modules of the defendant’s Goal software.
Read More..>>Data Protection - Database Right For Sales Agencies
Posted on December 24, 2007 - Filed Under Legal and Law | Leave a Comment
A ruling by the High Court has resulted in new case law governing sales agencies with regard to database rights. Where a sales agency has built up a database of customer details, they will now own a database right in that database in the event that there is not an agreement with another party as to the ownership of that database.
What this means in practice is that it is now important to ensure that agency or distribution agreements include an express assignment of any database rights to the supplier of the information (or principal), rather than relying on a general IP assignment clause. She says:
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