Licensing Update - IPR in business (August 2005)

• UK PTO - IP Enforcement (15/07/05)
  Submissions are invited on EU initiative to improve enforcement - by 7th October.

  www.patent.gov.uk/about/consultations/enforce05/index.htm

• Music Industry v Stephen Cooper (14/07/05)
  Australian Court finds web site which gives links to pirate sites 'facilitates copyright infringement' even though no downloads through the site.

  http://news.bbc.co.uk/1/hi/technology/4683955.stm

• UK PTO - Design Protection (12/07/05)
  Submissions are invited on proposed changes (multiple designs per application, and delayed publication) - by 7th October.

  www.ukpats.org.uk/about/consultations/mod-designs/index.htm

• Brazil Government negotiates effective price reduction (09/07/05) on Abbott Laboratories' patented HIV/Aids drug (Kaletra) after threatening to 'break' the patent and use generic versions, relying on WTO 'national emergency' provisions.

  http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/4662877.stm

• EU publishes Copyright Licensing Proposals (08/07/05) for Europe-wide copyright licensing clearance to facilitate Internet music sales in Europe.

  http://europa.eu.int/comm/internal_market/copyright/index_en.htm

• Société des produits Nestlé SA v Mars UK Limited (07/07/05). Mars opposes Nestle's trademark application and ECJ rules that distinctiveness can be acquired in words (Have a Break) forming part of a larger mark (Have a Break, Have a Kit Kat).

  See both opinion and judgement for this case (C-353/03) on www.curia.eu.int/jurisp/cgi-bin/form.pl?lang=en

• International Chamber of Commerce (ICC) makes statement to the G8 (05/07/05) which includes a section on intellectual property and in particular counterfeiting and piracy.

  www.iccwbo.org/home/statements_rules/statements/2005/G8_statement.asp

• Eurocermex's application ECJ Case C-286/04 P (30/06/05) The ECJ declined to 'overrule' OHIM's refusal to register Corona's lime in the bottle colour and shape trademark on grounds of lack of distinctiveness.

  www.curia.eu.int/jurisp/cgi-bin/form.pl?lang=en

• Metro Goldwyn Mayer Inc v. Grokster Limited (27/06/05)
  US Supreme Court distinguished old tape-to-tape copying decision and found peer-to-peer music download to involve contributory infringement.

  The US Supreme Court issued its ruling in MGM v. Grokster, ruling that the providers of software that designed to enable "file-sharing" of copyrighted works may be held liable for the copyright infringement that takes place using that software. The Court held that "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

  www.guardian.co.uk/online/news/0,12597,1515894,00.html
  See court opinion on: www.copyright.gov/docs/mgm/opinion.pdf

• Ultraframe (UK) Ltd v Eurocell (24/06/05). The patent for conservatory roof panels had been infringed. It was possible to undertake, under the Copyright, Designs and Patents Act 1988 s.239, to take a licence under s.237 of the Act at a time when the rights in the design had expired.

• I N Newman Ltd v Richard T Adlem (21/06/05). The vendor of a business was prevented from using his own name in setting up a new business because he had included the goodwill attached to the business in the sale. The use of his own name amounted to passing off and the trade mark registration was invalid.