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News and Events Intellectual Property Law – Media Law – Copyright Law - Literary Copyright – Screenplay – Injunction – Copyright Infringement – Film Industry - July 2008
The recent case of Obisanya v Ellis and Another [2008] involved a dispute relating to the literary copyright in a screenplay. The first defendant in this case wrote and made films, while the second defendant was a production company that made a short film. Subsequent to the production of the short film, a feature film entitled 'Cashback' was produced. The short film and the feature film were based on the first defendant's screenplay. The short film was released in 2004, followed by the feature film in 2006. From 2001 until 2004, the claimant in this case worked on her screenplay called 'Cashback, Paper or Plastic'. She subsequently shortened this to 'Cashback'. Both screenplays and films had a common setting both were romantic-comedies. More Intellectual Property – Domain Name Dispute – Trade Mark – Freedom Of Expression – Cyber-Squatting – Bio Pharmaceutical Company - June 2008 The case of Patel v Allos Therapeutics Inc [2008], involved a claimant that issued proceedings against the defendant, a pharmaceutical company. The claimant alleged that his right to freedom of expression had been violated due to a decision made by the panel of the Uniform Dispute Resolution Procedure. The decision in question related to a successful challenge by the defendant to his registration of the defendant company’s name as an internet domain name. More Intellectual Property Law – Exclusion of Computer Programs from Patentability – Software Patents - Computer Programs – Article 52 Convention on the Grant of European Patents 1973 - whether patent claims could ever be granted for computer programs? - February 2008 The case of Astron Clinica Ltd and others v Comptroller General of Patents, Designs and Trade Marks [2008] concerned the test to be applied in assessing whether computer programs should be excluded from patentability under Article 52 of the Convention on the Grant of European Patents 1973 (“EPC”). More Intellectual Property Law – Patentability of Computer Program – Presentation of Information - February 2008 The case of Autonomy Corporation Ltd v Comptroller General of Patents Trade Marks and Designs [2008] concerned the patentability of computer programs. On the 11th of February 2004, the appellant in this case filed a patent application with the UK Patent Office (now UK IPO). More UKIPO Launches New On-line Patent Service - January 2008 The UKIPO has launched a new web-based service which allows anyone interested in filing a Form 23 and obtaining copies of documents on a patent file (open to public inspection) to make a request and receive electronic documents. Visit http://www.ipo.gov.uk/press-release-20080125 Enforcement of Intellectual Property Rights - Gowers Review of Intellectual Property Rights - January 2008 The timetable and recommendations relating to the enforcement of intellectual property rights have now been published at http://www.ipo.gov.uk/policy-issues-gowers-enforcement. Copying Music from a CD to an MP3 player – Selling Pirate Music and Films on the Internet – Private Copying Exception - January 2008 According to a recent report, the Gowers Report (“the Report”), it has been suggested that criminals willing to infringe copyright in media and entertainment products should face tougher regulation in order to try to protect the entertainment industry. The purpose of the Report was to examine ways in which UK copyright laws can be modernised in order to reflect the growing problems presented by the advent of the internet and other digital forms of entertainment. The Report proposes a number of new powers aimed at preventing copyright infringement. However, it also recommends that private users should be allowed to ‘format shift’. Format shifting is when, for example, users copy music from a CD to an MP3 player. Furthermore, the Report suggests that copyright protection granted for recorded music, which currently stands at 50 years, should remain. More Intellectual Property Law – Format Shifting is Technically Illegal – Gowers Report - Copying Music from a CD to an MP3 player – Selling Pirate Music and Films on the Internet – Private Copying Exception - January 2008 According to a recent report, the Gowers Report (“the Report”), it has been suggested that criminals willing to infringe copyright in media and entertainment products should face tougher regulation in order to try to protect the entertainment industry. The purpose of the Report was to examine ways in which UK copyright laws can be modernised in order to reflect the growing problems presented by the advent of the internet and other digital forms of entertainment. The Report proposes a number of new powers aimed at preventing copyright infringement. However, it also recommends that private users should be allowed to ‘format shift’. Format shifting is when, for example, users copy music from a CD to an MP3 player. Furthermore, the Report suggests that copyright protection granted for recorded music, which currently stands at 50 years, should remain. More Intellectual Property Law – Trade Mark Infringement – Passing Off – Counterclaim for Invalidity - January 2008In the case of Bignell (Trading as Just Employment (A firm)) v Just Employment Law Ltd [2007] the claimant brought proceedings against the defendant company for infringing its registered trade mark “JUST EMPLOYMENT”. The claim was dismissed and the defendant's counter claim for a declaration of invalidity was allowed on the basis that the trade mark should not have been registered because it lacked inherent distinctiveness. More Intellectual Property Law – Trade Mark Application and Opposition – OHIM – Invalidity Claim, Passing off - January 2008 In the case of Kitfix Swallow Group Ltd v Great Gizmos Ltd [2007],the claimant brought proceedings against defendant for trade mark infringement and passing off. The claimant in this case was a company which was the registered proprietor of a registered Community Trade Mark. The registration was for the word mark “Sequin Art” in respect of artistic materials, namely craft and hobby kits for making pictures. The claimant also argued that it was entitled to the good will attached to manufacturing and selling craft and hobby kits under the name “Sequin Art”. More Intellectual Property Law – Opinion of the Comptroller of Patents – Patent Infringement – Right to Appeal - January 2008 The case of Re: An appeal by DLP Ltd [2007] involved an appellant who sought an opinion from the Comptroller of Patents as to whether a third party's product infringed theirs. The appellant in this case was a company which held the UK patent 2,394,175B (“the Patent”). The Patent related to shower trays, in particular to low level shower trays which could be easily accessed by infirm or disabled people while seated in a wheelchair. The appellant sought an opinion from the Comptroller of Patents under s.74A of the Patents Act 1977 (“the Act”), whether a shower tray made and sold by a third party infringed the Patent. More Intellectual Property Law – Domain Names Dispute – Property Developer - Property Law - November 2007A recent battle over the name "Highcross Quarters" has taken place between a coven of white witches and a property developer in Leicestershire. The argument has highlighted the issues relating to ownership of internet domain names, within the context of intellectual property law. The witches, wizards and "goblins" of the Leicester coven objected when a property developer announced that a new extension to the Shires Shopping Centre would be named Highcross Quarter, a term used to denote a series of specific calendar dates important to their religion. For more Intellectual Property Law – Jurisdiction – Community Trade Mark – Mark VOGUE - Opposition - November 2007 The case of Advance Magazine Publishers Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-481/04) [2007], concerned jurisdiction issues in relation to an application for a Community Trade Mark. The applicant sought to register the word mark 'VOGUE' as a Community Trade Mark, in respect of clothing in class 25. An application was made to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”). A Portuguese undertaking, however, opposed the registration on the basis of its prior registration of the word mark as a Portuguese trade mark in respect of footwear (also in class 25). The Opposition Division of the OHIM ruled in favour of the opposition and the applicant subsequently appealed against that decision. When the issue came before the Board of Appeal of OHIM, the applicant relied on its earlier registration of the word mark as an international trade mark, which had effect in Portugal, prior to the opponent's registration of its Portuguese trade mark. It argued that as a consequence the two trade marks had co-existed in Portugal for more than 30 years, and that its registration of the word mark as a Community trade mark would not alter the respective rights of each party. For more Intellectual Property Law – European Community Trade Mark – ‘Likelihood of Confusion’- October 2007 The case of Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-47/06) [2007] involved issues relating to the ‘likelihood of confusion’ with regards to a European Community trade mark. On the 30th of March 2000, the applicant company, Antarctica Srl, submitted an application to register a Community Trade Mark (CTM) at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). The application was made under Council Regulation (EC) 40/94 (on the Community trade mark) to register a figurative mark containing the word NASDAQ as a CTM. The goods for which registration was sought fell within classes 9, 12, 14, 25 and 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of the 15th of June 1957 as amended. On the 27th of April 2001, the NASDAQ Stock Market Inc brought opposition proceedings against the registration of the mark applied for in respect of all the goods referred to in the application for registration. The opposition was made on the grounds outlined in Article 8(1)(b) and 8(5) of Regulation 40/94. For more Intellectual Property Law – Community Trade Mark – Distinctive Character of a Trade Mark – EU Law – Advertising Campaigns – Fashion Industry - October 2007 The case of Benetton Group SpA v G-Stae International BV (Case C-371/06) [2007], concerned questions relating to the distinctive character of a mark for which Community Trade Mark protection was sought. According to Article 3 of First Council Directive (EEC) 89/104, so far as material: “(1) The following shall not be registered or if registered shall be liable to be declared invalid: ... (e) signs which consist exclusively of ... [third indent] the shape which gives substantial value to the goods ... (3) A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration and following the use which has been made of it, it has acquired a distinctive character. Any Member State may in addition provide that this provision shall also apply where the distinctive character was acquired after the date of application for registration or after the date of registration.” The defendant was in the business of clothing manufacture and marketing, and was the registered proprietor of two shape marks in respect of trousers. The distinctive elements of the marks included sloping stitching from hip height to crotch seam and kneepads. The defendant brought an action to prevent the claimant from marketing trousers in the Netherlands on the basis that the claimant had violated the defendant’s trade marks by duplicating those distinctive elements in its trousers. The claimant subsequently counter-claimed for the annulment of the trade marks. For more Intellectual Property Law – Community Trade Mark – Lack of Distinctive Character – Registration of a 3D Mark – Trade Mark Law - August 2007 The case of Proctor & Gamble Company v Office for Harmonisation of the Internal Market (Trade Marks and Designs) [2007], involved an applicant who sought to register a number of three-dimensional marks consisting of the appearance of white rectangular washing tablets with coloured designs as Community trade marks. The Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) concluded that the marks were devoid of any distinctive character. For more Intellectual Property – Patent Dispute – Pharmaceuticals – Patent Invalidity – Generic Drugs – Patent Revocation - July 2007 The case of Generics (UK) Ltd and Others v H Lundbeck A/S [2007] involved a defendant which was a small research-based pharmaceutical company located in Denmark. It held a European patent (“the Patent”) in respect of an anti-depressant drug, escitalopram. The Patent had a priority date of June 1988. The drug had been produced by the resolution of a racemate of an existing drug, citalopram, so as to obtain single enantiomers thereof. Accordingly it comprised the pure (+) enantiomer, whereas citalopram comprised both (+) and (-) enantiomers. The Patent comprised seven claims. Claim 1 was a product claim directed to the (+) enantiomer, claim 3 related to a pharmaceutical composition containing the claim 1 compound, and claim 6 related to a method of preparing that compound. For more
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US Law
Intellectual Property - Trademark Law - Trademark Cancellations for Fraudulent Statements of Use, June 2008
UK and European Law
Intellectual Property Law – National Consumer Council – Format Shifting – IP Law Reform, June 2008
Intellectual Property Law – Viacom Sues Google – Copyright Infringement – U Tube, June 2008
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