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July-August Copyright World The electrical flow termination of Informa's colourful Copyright World has only reached the IPKat. The comprehend story is Google v Rest of the World - at least, it must experience that means to the giant moneymaker every bit it seeks to induce got on a vast array of vested interests inwards mature markets as well as technologies amongst its controversial Library Project. bets that this topic volition attain saturation point, replacing fifty-fifty P2P filesharing every bit the boringly predictable PhD thesis topic that all candidates desire to write. Full listing of contents here . Merpel's Must-Read : "Into the Honey Trap?", where the Copyright Terminator meets Winnie the Pooh. July-August MIP The July-August termination of Euromoney's Managing Intellectual Property lists the 50 close influential IP personalities of the year. Alas, afterwards the excitement of making the listing concluding fourth dimension round, the IPKat has been

Where is Canada, anyway? Yesterday the IPKat posted an exceptional almost the Canadian Mounties' pursuit of infringers of copyright inwards karaoke inwards Canada, together amongst photograph bearing the caption "The Mounties enforcing copyright inwards Canada". He - as well as other recipients of his electronic mail circulars - thence received the next complaint from a reader, Paul Jones (Jones & Co, Bay Street, Toronto): " should reckon a refresher course of teaching inwards jurisdiction as well as geography. The Mounties bring never had whatever jurisdiction inwards Alaska, which was kickoff a Russian as well as is forthwith an American territory. Perhaps it meant to write the Yukon or the Rockies?". Resisting the temptation to audio triumphalist, the IPKat is pleased to inform his readers that Alaska is indeed inwards Canada: it is a house inwards Prince Edward Island. You tin honour it past times visiting the Natural Resources of Canada Atlas site here

Picture from Tokyo #2 reports that the Mounties accept charged 2 Toronto businesses as well as their employees alongside renting out infringing copies of karaoke nether the Canadian Copyright Act. The Mounties enforcing copyright inwards Alaska is dreaming of horseback copyright enforcement…How did the GGs snuff it into the karaoke bar though? Favourite Mountie karaoke melody here

learn from WIPO's PCT Update 277 that Republic of Guatemala has immediately move the 133rd contracting nation of the Patent Cooperation Treaty (PCT), having duly deposited its musical instrument of accession. The Treaty volition acquire inwards into forcefulness for Republic of Guatemala on 14 Oct 2006 . Full listing of 133 PCT countries here PCT official text as well as information here Guatemala java manufacture inventions here Guatemala Baked Bananas here Who controls the Internet? Who Controls the Internet? Illusions of a Borderless World is a novel majority past times Jack Goldsmith as well as Tim Wu, published this summertime past times Oxford University Press. Both authors are of illustrious pedigree: Jack Goldsmith is Henry L. Shattuck Professor of Law, Harvard University, field Tim Wu is Professor of Law inwards the Columbia Law School. The publisher writes : "Will cyberanarchy dominion the net? And if nosotros ambit discovery a means to regulate our cyberlife voliti

No rubber agency to interruption up This morning time the IPKat carried a greenback on Scansafe Ltd 5 Messagelabs Ltd , a Chancery Division conclusion from Mr Justice Patten which was noted on Lawtel. has since received an electronic mail from solicitors acting on behalf of Scansafe, informing him that the Lawtel greenback erroneously stated that Scansafe's application for injunctive relief was dismissed. Lawtel has since withdrawn its greenback in addition to the IPKat, non wishing to mislead his readers, has removed his greenback on the example too. Latest ECDR Issue four of the Sweet & Maxwell bimonthly European Copyright in addition to Design Reports has at i time been published. Cases available inwards English linguistic communication inwards this lawsuit include * L'Oréal SA 5 Bellure NV (Cour d'appel de Paris), on the protection of scents inwards French Republic every bit authors' works; * PlayStation (Tribunal of Bolzano, Italy), on the seizure of modern

[2006] EWCA Civ 1044 the Court of Appeal for England together with Wales (Lords Justices Waller, Jonathan Parker together with Jacob LJ) turned downwards an application to cite Nova Productions Ltd v Mazooma Games Ltd together with others (noted here by the IPKat) to the European Court of Justice for a preliminary ruling. This was because Nova's appeal against the decision of Mr Justice Kitchin could in all likelihood move determined without the quest for such a ruling. As Lord Justice Jacob indicated, whichever means a ruling mightiness go, Nova would in all likelihood nonetheless neglect to found infringement on the facts: either what was taken past times the accused was insubstantial or, if it were substantial, it was the taking of no to a greater extent than than an idea. If, next the hearing, the courtroom did determine to cite anything to the ECJ, it would move able to formulate its enquiry to a greater extent than just together with give its ain sentiment on the questions

Picture from Tokyo #1 Changes to OHIM Opposition Guidelines The OHIM Examination Guidelines are beingness revised together with OHIM is inviting comments past times thirty September 2006. Six principal issues are upward for discussion: * procedural matters * identity * global assessment * similarity of goods together with services * similarity of signs * proof of use. reckons that it’s close fourth dimension that the Guidelines on dilution were revised too.

So similar a shot yous know why the copyright term is so long ... Clarke in addition to unopen to other v Artprints U.K. in addition to another is a Chancery Division determination of Mr Justice Lindsay, handed downwards in conclusion Fri but non all the same available from BAILII . This bill is taken from the LexisNexis Butterworth subscription service, which supplies so much useful information. Artprints was involved inward the reproduction in addition to distribution of fine art works, the minute accused beingness its bulk shareholder. Artprints started commercially reproducing industrial plant of the creative somebody Francis Bacon nether what it said were the price of a copyright licence. Clarke in addition to others sued Artprints for copyright infringement, claiming that Artprints' licence was invalid because it was they who owned the copyright. On 31 July 2001 interim injunctive relief was ordered in addition to the courtroom gave farther directions concerning the deport

here on Great Britain merchandise score registration regarding unusual words, including words that sounded exotic to English linguistic communication ears only were descriptive or generic inward Welsh, has sparked about response. Eugene Pienaar (Managing Director, KIAP MOU case. Diolwch Fawr!". Then came what appeared to move a rejoinder from Anonymous I: "It is skilful to listen that the guidance of ECJ/CFI is conscientiously followed. However inward Nov 1990, when Aroy-D was registered, the guidance did non exist. Perhaps help was received from dewines [Welsh witches]". Delicately changing the subject, Anonymous III confessed: "Two people inward this office, myself included, saw Caffe Fresco together with idea "coffee outside" non fresh coffee.. plainly we're non average!". is gratified to convey kick-started this piffling string. It shows how passionately people experience close the Welsh merchandise score issue. It too shows, every bit the IP

It's the WTMR again The mo number of Globe Business Publishing's bimonthly World Trademark Review has directly arrived through the IPKat-flap, amongst a giant pixellated apple tree on the front end cover. Sorry, the Kat couldn't honour a spider web page for the novel issue, or a film of the embrace to post service on this blog, together with then you'll accept to brand create amongst a dissimilar apple tree for the fourth dimension being. It's a skilful issue, though. 68 pages of seriously small-print features on topics equally varied equally * the Apple Corps/Apple Computer (non)-coexistence agreement, depending on which means you lot stance it, analysed yesteryear Herbert Smith's Joel Smith (any relation, Joel?) together with Laura Deacon; * the continuing obsession inwards the the United States amongst merchandise score dilution, yesteryear Jeffrey K. Riffer together with Brian M. Yates ( Jeffer Mangels Butler & Marmaro , Los Angeles); Left: Globe Publish

WTO talks striking the buffers The BBC reports that G6 talks that were intended to unblock the Doha Round of the World Trade Organization's global merchandise talks convey striking the buffers. Says the US, it's all the mistake of the EU, Republic of Republic of India together with Nippon - i.e. much of the residuum of the world. Trunature scotches Scotnet In Trunature Ltd v Scotnet (1974) Ltd , a preliminary hearing on issues of infringement, the Outer House of the Court of Session, Scotland, has ruled that Trunature's patent for an improvement inwards the industry of elasticated tubular netting covered Scotnet's Turbo 98 machine. Subject to whatever defense forcefulness nether the Patents Act 1977 , department 64 (where the infringing act genuinely started earlier the patent's priority date), Trunature wins. thinks the judge, Lord Glennie, handled both the applied scientific discipline together with the evidence pretty neatly; he tin come across why people tell

The sense of savor that doesn't register 's friend, merchandise grade trailblazer Ralf Sieckmann , has drawn his attending to In re N. V. Organon , a recent U.S.A. Trademark Trial together with Appeal Board decision of 37 pages which refuses an application to register a sense of savor every bit a U.S.A. merchandise grade - an orangish flavour for antidepressant pills together with tablets. Ralf says: "Although the TTAB primarily rejected the application on the declaration that the merchandise grade is functional (pages fifteen et seq) together with does non business office every bit a merchandise grade (i.e. every bit a source indicator: pp 31 et seq), it added (pp 36 to 37) that at that spot are also practical reasons why a flavour merchandise grade cannot human activeness every bit a communicating way earlier it touches the tongue. The TTAB explains: Although our determination is based on the analysis laid forth above, nosotros are non blind to the practical consideratio

BAILII . The composition of the Court was quite IP-rich, Master of the Rolls Sir Anthony Clarke beingness accompanied yesteryear Lord Justice Jacob as well as Lord Justice Neuberger (who gave the judgment for all three, here We Hate Jerry Springer here

IPKat co-blogmeister is heading to Nihon on Monday, where she is an invited researcher alongside the Institute of Intellectual Property until the destination of August, researching merchandise score business office inward the European Union as well as Japan. She'll endeavour as well as cash inward one's chips on yous posted close her progress (and supply roughly decent pictures of Tokyo, every moment before long every moment she figures out how to role her camera).

Irish TM case has learnt from the Irish Gaelic Dominicus Business Post that the housing fellowship Shomera has won a merchandise grade illustration inwards the Irish Gaelic High Court that volition permit it to terminate a human being of affairs from using the domain mention http://www.seomra.com/ . Seomra (meaning ‘room’ inwards Gaelic) is the mention of Shomera’s principal product, standalone rooms which it builds on to houses. says that it’s non clear from the article what the precise footing of the conclusion was, simply at that topographic point are potent hints concerning unfair wages of Shomera’s reputation. Japan to upward copyright term? The Daily Yomiuri reports that fourteen Japanese arts too cultural organisations are calling for the Japanese copyright term to endure increased from fifty years postal service mortem to seventy years postal service mortem. In response, the Cultural Affairs Agency volition attempt opinions from an advisory panel. The copyright term for fil

here ). And don't forget the fun slice on registration of offensive marks inwards South Africa yesteryear Wim Alberts ( Bowman Gilfillan : "Well groomed minds, elegant solutions"). Merpel says, y'all tin hold upward certain that the article on offensive marks is ever the i that gets read kickoff ... Full listing of contents here

announced , on his first-class Domain Name/Nom de Domain blog: "I volition introduce a report on Internet-related international trademark disputes on September 1, at the Institute of Intellectual Property in Tokyo. I am grateful to the Institute of Intellectual Property for sponsoring this study. The objectives of the Institute are to deport report as well as question concerning diverse domestic as well as overseas issues as well as to collect as well as render data for the piece of occupation of promoting appropriate protection as well as international harmonization of the intellectual belongings as well as thereby contributing to the evolution of the manufacture as well as economic scheme of Japan". Romaji and inward Roman characters, equally good equally the shout for for a linguistic communication examination inward UDRL decisions. For those who fancy a alter of reading habits this summer, there's a summary of the English linguistic communication text inward Japanese.

The Times reports that Burberry has settled an infringement example alongside an American companionship concerning its Prorsum logo in addition to the Burberry check. Marco Leather imported goods from Communist People's Republic of China bearing the logo in addition to the check, in addition to likewise tried to register a knight logo alongside the USPTO. Marco’s knight had no banner in addition to faced the other agency from the Prorsum knight. says that if y'all are going to travel giddy plenty equally to infringe individual else’s merchandise mark, for goodness sake don’t convey it to their attending past times applying to register the subject-matter of the infringement. He wonders though if consumers actually would travel confused past times a mirror picture of a logo. He suspects that consumers would meet it rather equally an endeavor to practice an association alongside Burberry, rather that equally a sign that the goods were made past times Burberry.

here and here

Google-eyed cheers Juliet Jenkins of Leeds University for tipping him off almost tidings inward ZDNet almost Google (or should that hold upwards google) becoming a verb. Merriam-Webster has introduced to ‘google’ every bit a transitive verb pregnant ‘to purpose the Google search engine to obtain data almost (as a person) on the World Wide Web’. Google, noting that the term is existence defined specifically yesteryear reference to the Google search engine has said that it does non object. wonders whether this combination of descriptive entry into the linguistic communication in addition to a rigid rootage message is unique. Patent wiki David Pearce’s patent wiki site, containing a consolidated in addition to annotated version of the United Kingdom's Patents Act 1977 in addition to the Patents Rules is straightaway upwards in addition to running – view it here .

here .

The audio of quiet - volition it popular off law? has discovered that the Piped Music as well as Showing of Television Programmes Bill had its Third Reading inward the House of Lords this week. For the attain goodness of his readers, he reproduces the Bill inward full: A Bill To Provide for the Secretary of State to depict upwardly a invention to prohibit piped music as well as the showing of tv programmes inward the populace areas of hospitals as well as on populace transport; as well as to need the wearing of headphones past times persons listening to music inward the populace areas of hospitals as well as on populace transport. Be it enacted past times the Queen’s well-nigh Excellent Majesty, past times as well as alongside the advice as well as consent of the Lords Spiritual as well as Temporal, as well as Commons, inward this introduce Parliament assembled, as well as past times the ascendence of the same, equally follows:— 1 Piped music as well as showing of tv programmes pla

here . New Semiconductor Chip Rules for UK The Design Right (Semiconductor Topographies) (Amendment) Regulations 2006 ( Statutory Instrument 2006 No. 1833 ) bring but been drawn to the IPKat's attention. Made on 10 July in addition to coming into strength on one August 2006, they improve the Design Right (Semiconductor Topographies) Regulations 1989 (SI 1989/1100) to give resultant to the Council Decision of 22 Dec 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a fellow member of the World Trade Organization (94/824/EC). The 1989 Regulations themselves modifyied the application of Part iii of the Copyright, Designs in addition to Patents Act 1989 (that's the fleck that applies to designs) to brand the police clitoris check semi-conductor topographies too. So that's that, then, says the IPKat. Not much to larn excited almost there. Merpel's non thus sure: sure enough semiconductor chip protection is a genuinely exc

CNet reports that members of Hong Kong’s Boy Scouts motion together with other uniformed youth movements amongst participants betwixt the ages of nine together with 25 are to monitor the network to study copyright infringers. As the starting fourth dimension moving ridge of the campaign, 1,600 youths volition vow to participate inwards the Youth Ambassadors programme inwards a Hong Kong stadium tomorrow. All members of the Boy Scouts together with Girl Guides are expected to participate. If they location infringing material, they volition study it to the government via a password-protected website, who volition verify the posting together with and therefore inform the relevant merchandise group. is speechless.

here Sissi of Wittelsbach here Sissi inward Crete here Concise European information technology Law Left: when publishers don't position pictures of their books on their websites, they must hold back bloggers to hold out creative ... Edited past times Alfred Buellesbach, Yves Poullet as well as Corien Prins, Concise European information technology Law is a groovy piffling mass published before this yr past times Kluwer Law International . What the publisher says : "The human relationship betwixt police line as well as information applied scientific discipline is a highly dynamic one. In the past times decade, the EU has developed an extensive legal framework for novel technological developments, alongside legislation beingness adopted inward the areas of personal information protection, world sector information, conditional access as well as regulatory transparency. Furthermore, legislative measures convey been dedicated to electronic commerce, distance selling, electronic sign

Happy Kat is a happy kat. Yesterday his e-mail round down listing notched upward its 500th member. Thank yous for joining us, Simone, you're really welcome! Merpel says, this is i occasion when I'm non going to fence ... but the other 499 are welcome too. On a somewhat less happy note, several of our e-mail round down readers conduct maintain complained of the listing beingness hijacked from fourth dimension to fourth dimension yesteryear spammers. In theory this should non survive able to happen. Google operates a moderated scheme for its Groups, nether which every e-mail round down has to survive approved yesteryear the IPKat earlier it's distributed to his round down list. Some 10 to 12 such spam circulars are notified to him daily. It is the IPKat's policy never to allow the distribution of tertiary political party circulars , though from fourth dimension to fourth dimension the IPKat volition post data every bit a weblog inwards its ain correct if it has been sent

No to a greater extent than Chinese whispers? CRIEnglish reports that Communist People's Republic of China has decided its kickoff privacy case. The People's Court inwards Beijing's Chaoyang District constitute that a Beijing paper had infringed AIDs prevention regulations which stipulate that the names, addresses together with details of people amongst AIDs cannot live on published without their permission. In this case, the film of a youngster who had lost her parents to AIDs together with details close her were published past times the newspaper. says that this example appears to live on based on legislation restricted to situations involving AIDs, rather than providing a full general privacy right, precisely is withal to live on welcomed. Should ISPs pay for illegal users? CNet reports that the Internet Service Providers Association has spoken out against a proposition past times AIM that its members should live on bailiwick to a Value Recognition Right, which would

Pre-action disclosure: assistance to short town or a licence to fish? Macdonald v French Connection Group plc , noted so far solely on subscription service Lawtel , was a Chancery Division determination of Mr Justice Briggs final Friday, xiv July. In essence, Macdonald proposed to sue FC for copyright infringement inwards observe of the pattern on a textile that had been made into garments which FC had imported. First, however, Macdonald sought pre-action disclosure nether the Civil Procedure Rules, r.31.16, of documents held past times FC relating to sales of the garments. The sentiment was that, past times gaining disclosure, Macdonald would accept to a greater extent than of an sentiment as to the probable value of the intended action, therefore improving the chances of an out-of-court settlement. FC was non totally averse to disclosure, but was unhappy to brand a disclosure on the scale demanded past times Macdonald which, it said, would accept been burdensome as well as expensive.

here too here Medical too Healthcare Products Regulatory Agency here .

here ). wishes the members of the ECJ together with the CFI a lovely holiday. He thinks they are going to their regular resort inwards Outer Space, the identify from which they convey dorsum closed to of their to a greater extent than exotic doctrines each year. New EIPR series has been looking through the kickoff mass inwards the novel EIPR Practice Series: H5N1 Practical Guide to Intellectual Property inwards Mergers & Acquisitions . Authored past times serial editor Colm MacKernan ( Origin ), the guide is published past times Sweet & Maxwell, from whose website total details tin give the sack hold upwards obtained concerning this mass and the series itself . Consultant editor is Hugh Brett , who masterminded the European Intellectual Property Review itself dorsum inwards the 1970s together with who has presided over its apotheosis from mere magazine to iconic brand. What the publisher says : "Intellectual Property inwards acquisitions together with mergers an expans

Newsy Snippets below. Situation vacant What the IPKat likes to telephone band the Lord Chancellor's Appointed Person has forthwith been renamed the Fee Paid Appointed Person (what an ugly title). Anyway, if yous desire to hold out one, you'd amend instruct a move-on since the closing appointment for applications is 27 July 2006 . Essentially, this is a gamble to hold out a gauge of appeals from the Trade Mark Registry that aren't going to hold out appealed, then yous tin produce equally yous please. Right: equally Appointed Person you'll accept the ability of life in addition to decease over simply about highly vulnerable merchandise grade applications The pay's £600 a day, which is amend than a boot inwards the pants. So, if you've got a encephalon similar a computer, a pare similar a rhinoceros, the patience of a dial-up cyberspace user in addition to are currently unemployed or under-employed - or simply similar seeing your cite inwards the Law Reports from

here ). cheers Monika Bruss, KCL, who says: "Judge Matsch real neatly applies Section 107 of the US Act in addition to Campbell v Acuff-Rose . The decisive indicate comes from Harper & Row Publishers v Nation Enterprises , though: "[Fair use] is predicated on a theory of an author’s implied consent to reasonable in addition to customary role when he releases his hold upward for populace consumption. Id. at 550. That theory is non applicable hither because the infringing parties are exploiting a marketplace put for movies that is dissimilar from what the Studios accept released into in addition to for an audience the Studios accept non sought to reach". What a clever agency to innovate the correct of integrity through the backdoor!"

The BBC reports that Michael Eavis, who runs the Glastonbury Festival, has angered local residents past times seeking a CTM for inter alia GLASTONBURY for goods in addition to services including DVDs, figurer games, clothing, promotional material, TV radio in addition to cyberspace rights. Local businesses are afraid that they volition no longer live able to purpose the term themselves. Right: lead keep a await at this advertisement: approximate which chip is the merchandise score in addition to and thus depository fiscal establishment gibe your response here against the U.K. Trade Mark Registry files points out that the correct volition live express to the goods or services applied for in addition to in that place is a defense forcefulness for geographical descriptiveness. He tin run into though why local traders may non desire to lead keep to rely on a defence.

this news special virtually the British authorities threatening to sue sometime ambassador Craig Murray for copyright infringement if he does non withdraw from his website intelligence cloth that was censored out of his newly-published memoirs. Murray has posted sum texts of all passages the Foreign Office ordered deleted from the mass version of Murder inwards Samarkand , the sometime Tashkent ambassador's line of piece of job organisation human relationship of alleged British complicity inwards torture yesteryear the despotic Uzbekistan regime. Order the mass here Read what Craig Murray says virtually it here here yesterday. Says Fabrice: "The ASETRA representative does non imply appreciation of likelihood of confusion betwixt the conflicting merchandise marks simply deals amongst procedural matters. The query hither is to know whether novel documents (namely translations of the prior merchandise marks supporting the opposition) tin terminal move produced for the get-go four

TVs inwards hotel rooms: to pay, or non to pay? More intellectual holding excitement from the ECJ today. Advocate General Eleanor ("breath of fresh air") Sharpston has delivered her Opinion inwards Case C-306/05 Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles SL . SGAE, an intellectual holding rights management society, sued the possessor of the Hotel Rafael for copyright infringement, complaining that, betwixt June 2002 together with March 2003, acts of communication to Earth were carried out involving industrial plant belonging to the repertoire managed yesteryear SGAE. These acts were carried out through idiot box sets installed inwards the hotel rooms which enabled the guests to lookout programmes on channels whose signals were received yesteryear the hotel principal aerial together with and so distributed to each of the idiot box sets inwards the diverse rooms. SGAE claimed that Rafael should hold upwardly ordered to pay compensation. The trial