Intellectual Property – Copyright Infringement – Design Rights
Posted on April 19, 2008 - Filed Under Legal and Law | Leave a Comment
The case of Landor and Hawa International Ltd v Azure Designs Ltd (CA) [2006], involved a dispute over the design of a type of suitcase. The claimant company had been designing, importing and selling travel bags and suitcases since 1985. In June 2002, the managing director produced a design for an expanding section (“the Expander Design”) which was to be incorporated into hard shell-style suitcases.
Suitcases incorporating the Expander Design were then produced and sold in the UK and abroad.
Read More..>>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..>>Intellectual Property: Community Trade Marks – Registration Refusal – Likelihood Of Confusion
Posted on April 11, 2008 - Filed Under Legal and Law | Leave a Comment
In Alcon Inc v Of Office for Harmonisation in the Internal Market (OHIM) [2005], a mark was refused registration because the public was likely to confuse the mark with another similar mark.
In 1998, Alcon filed an application for registration of the word mark TRAVATAN in respect of goods within Class 5, in particular ophthalmic pharmaceutical preparations.
In 1999, Biofarma SA filed an opposition against registration of TRAVATAN, arguing that there would be confusion with the word mark TRIVASTAN, registered in Italy in 1986. This earlier trade mark was also registered under Class 5 covering pharmaceutical, veterinary, hygiene products and others.
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, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical
Posted on March 15, 2008 - Filed Under Legal and Law | Leave a Comment
In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the claimants made an application for an interim injunction to prevent the marketing and distribution of a drug which they claimed infringed their patent. The claimant companies were in the business of manufacturing and researching pharmaceutical products. The first claimant was the second largest French pharmaceutical company worldwide, and the second claimant was a wholly owned subsidiary that marketed and researched such products within the UK.
The defendants were members of a group of companies involved in the sale and distribution of a large number of generic pharmaceutical products worldwide.
Read More..>>Intellectual Property: Patents – Drafting With Reasonable Care And Skill
Posted on March 7, 2008 - Filed Under Legal and Law | Leave a Comment
In the case of Unilin Beheer BV v Berry Floor NV & Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill.
Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim.
Read More..>>Trade Mark - Interpretation Of Directive - Trade Mark Refusal
Posted on March 7, 2008 - Filed Under Legal and Law | Leave a Comment
The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the interpretation of First Council Directive (EEC) 89/104 in the refusal of a trade mark registration. BVBA Management, Training en Consultancy (“MT&C”) filed an application with the Benelux trade mark office (“the Trade Mark Office”) for registration of the word mark ‘The Kitchen Company’ as a trade mark in respect of classes 11, 20 and 21, and for certain services in classes 37 and 42.
Read More..>>How To Protect What You Create With A Copyright
Posted on March 4, 2008 - Filed Under Legal and Law | Leave a Comment
In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.
Read More..>>Intellectual Property – Trade Mark Infringement – Advertisement
Posted on February 20, 2008 - Filed Under Legal and Law | Leave a Comment
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online.
In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant’s. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription.
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)?
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