Yesterday (Thursday) ane one-half of the IPKat paid a take in to Hogarth Chambers’ summertime seminar, entitled United Kingdom of Great Britain in addition to Northern Ireland v Europe: the Impact on IP. The Kat in addition to a distinguished grouping of listeners were treated to a comparing of the lay inwards Europe in addition to the United Kingdom of Great Britain in addition to Northern Ireland every bit regards all the major IP rights:
*Alistair Wilson QC examined privacy in addition to confidence, focusing inwards item on the human relationship betwixt the European Court of Human Rights’ Princess Caroline decision, in addition to how this compares alongside the UK’s widening police push clitoris of privacy.
* Gerald Paterson considered tensions betwixt English linguistic communication Courts in addition to the EPO. One request that stands out is the comparing made past times Paterson betwixt United Kingdom of Great Britain in addition to Northern Ireland judges who tend to last lawyers in addition to lead keep a to a greater extent than linguistic approach to construing patents in addition to Continental judges, who tend to lead keep a technical background in addition to lead keep a to a greater extent than conceptual approach. also learnt that in that place is no give-and-take inwards diverse European languages for “trial”, the nearest approximation beingness the words for “process”.
* Jeremy Reed looked at merchandise marks in addition to passing off, identifying 4 themes which gave ascent to potential differences betwixt United Kingdom of Great Britain in addition to Northern Ireland merchandise score police push clitoris in addition to merchandise score police push clitoris inwards other European Union Member States: (i) the fact that the Directive is exclusively meant to last a partial approximation; (ii) the survival of pre-Directive national concepts such every bit “use inwards a merchandise score sense”; (iii) unexpected interpretations of the Directive past times the ECJ in addition to (iv) linguistic communication variations inwards the unlike translations of the Directive.
* Michael Hicks compared the five principal ways inwards which designs tin last protected: (i) artistic copyright; (ii) United Kingdom of Great Britain in addition to Northern Ireland registered design; (iii) unregistered blueprint right; (iv) registered Community blueprint in addition to (v) unregistered Community design. In add-on 3 to a greater extent than ways of achieving protection for designs were mentioned – (i) passing off; (ii) registered merchandise marks in addition to (iii) patents.
*Gwilym Harbottle gazed into his crystal ball in addition to predicted what the behave upon of the European Union Enforcement Directive, which must last implemented past times 29 Apr 2006, volition last inwards the UK. Though many of the provisions of the Directive were said to sufficiently introduce inwards United Kingdom of Great Britain in addition to Northern Ireland police push clitoris already, changes were idea to last necessary alongside regard to who tin sue, retrieve orders, damages in addition to the publication of decision. learnt his favourite fact of the twenty-four hours during this verbalize – it appears that the European Commission has drawn attending to the grievous work posed past times counterfeit apples.
also took a gander through the Hogarth Chambers IP Newsletter in addition to institute out that the Commission is prosing to ameliorate the Implementing Regulation for the CTM inwards gild to permit the electronic filing of audio marks using an audible “representation of the sound”.
More on counterfeit apples here
*Alistair Wilson QC examined privacy in addition to confidence, focusing inwards item on the human relationship betwixt the European Court of Human Rights’ Princess Caroline decision, in addition to how this compares alongside the UK’s widening police push clitoris of privacy.
* Gerald Paterson considered tensions betwixt English linguistic communication Courts in addition to the EPO. One request that stands out is the comparing made past times Paterson betwixt United Kingdom of Great Britain in addition to Northern Ireland judges who tend to last lawyers in addition to lead keep a to a greater extent than linguistic approach to construing patents in addition to Continental judges, who tend to lead keep a technical background in addition to lead keep a to a greater extent than conceptual approach. also learnt that in that place is no give-and-take inwards diverse European languages for “trial”, the nearest approximation beingness the words for “process”.
* Jeremy Reed looked at merchandise marks in addition to passing off, identifying 4 themes which gave ascent to potential differences betwixt United Kingdom of Great Britain in addition to Northern Ireland merchandise score police push clitoris in addition to merchandise score police push clitoris inwards other European Union Member States: (i) the fact that the Directive is exclusively meant to last a partial approximation; (ii) the survival of pre-Directive national concepts such every bit “use inwards a merchandise score sense”; (iii) unexpected interpretations of the Directive past times the ECJ in addition to (iv) linguistic communication variations inwards the unlike translations of the Directive.
* Michael Hicks compared the five principal ways inwards which designs tin last protected: (i) artistic copyright; (ii) United Kingdom of Great Britain in addition to Northern Ireland registered design; (iii) unregistered blueprint right; (iv) registered Community blueprint in addition to (v) unregistered Community design. In add-on 3 to a greater extent than ways of achieving protection for designs were mentioned – (i) passing off; (ii) registered merchandise marks in addition to (iii) patents.
*Gwilym Harbottle gazed into his crystal ball in addition to predicted what the behave upon of the European Union Enforcement Directive, which must last implemented past times 29 Apr 2006, volition last inwards the UK. Though many of the provisions of the Directive were said to sufficiently introduce inwards United Kingdom of Great Britain in addition to Northern Ireland police push clitoris already, changes were idea to last necessary alongside regard to who tin sue, retrieve orders, damages in addition to the publication of decision. learnt his favourite fact of the twenty-four hours during this verbalize – it appears that the European Commission has drawn attending to the grievous work posed past times counterfeit apples.
also took a gander through the Hogarth Chambers IP Newsletter in addition to institute out that the Commission is prosing to ameliorate the Implementing Regulation for the CTM inwards gild to permit the electronic filing of audio marks using an audible “representation of the sound”.
More on counterfeit apples here
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