The sand, the sea and (hopefully) the sun are calling. IPwars is swapping the quill and magnifying glasses for sun block and Stingose. Thankyou for visiting during 2008. I hope you found something of interest. Wishing you the Compliments of the Season! Normal transmission should resume late January.
IPKat reports that the Singapore Treaty on the Law of Trademarks came into force on 16 December 2008, when Australia became the 10th party to ratify. Apparently, it should help simplify trade mark applications and licensing. Wonder if there’s anything in here to do with this?
The USA has has commenced formal consultations – the first steps in another WTO complaint – in the WTO against the People’s Republic of China, alleging China is providing illegal protection for famous Chinese brands. From the fact sheet: China appears to be providing numerous WTO-illegal subsidies at multiple levels of government. These include providing exporters: • Cash grant rewards for exporting • Preferential loans • Research and development funding •.. Read More
The Canadian and US governments carry short press releases on the latest (15 – 18 December) round of negotiations over the secretive ACTA. Australian (DFAT) homepage (not updated) here.
Indications are that Universal Music is now making “tens of millions of dollars” from the use of its music on YouTube. Slightly different outcome to the apparently stalled Viacom approach to social networking sites? Concurrently, there are newspaper reports that the RIAA, famously suing grandparents and 12 years olds, may be changing its litigation strategy. Howard Knopf worries that this might be because “sweet heart” deals are being reached with ISPs. Anyone want.. Read More
The European Commission has published its preliminary report into its inquiry into the state of competition in the pharmaceutical industry in the EU – comment and links via IPKat. The IPKat also has links to what they describe as “the powerful speech” delivered by Sir Robin Jacob (aka Jacob LJ) in the Commission’s public meeting on the issue. Meanwhile, the developing countries are developing a proposal which envisages greater involvement of WHO; see.. Read More
The applicant had registered BING! for Class 9 Software for the legal profession and other industries and professions not limited in any way to a specific industry or commercial sector; Class 35 Distribution and sales of computer software. Class 42 Design of computer software; programming maintenance, upgrading and updating of computer software for the legal profession and other industries and professions not limited in any way to a specific industry or commercial sector….. Read More
Following on from last week’s Giller v Procopets, I was asked if Max Mosley’s payment of the prostitutes precluded a claim for breach of confidence, leaving him just with his Conventional rights to privacy. It is certainly true that the trial judge focused primarily on the invasion of Mr Mosley’s rights to privacy. However, his Lordship did also find that “Woman E” breached her obligation of confidence to Mr Mosley: 104 In the.. Read More
Courts have apparently been allowing service of court documents by email and in at least one high profile case against a rugby player alleged to be in breach of his club contract by text message. Now, for those of you looking for reports of the case where the Court allowed service by Facebook, try: here and here and here and here. Master Harper’s decision in MKM Capital v Corbo and Poyser doesn’t appear.. Read More
The European Court of Justice has ruled that a non-profit association – in this case a body devoted to the preservation of military traditions which performs charitable works and collects gifts – does in fact use its “trade” marks in (what we would call) the course of trade: Case C?442/07, Verein Radetzky-Orden v Bundesvereinigung Kameradschaft ‘Feldmarschall Radetzky’ IPkat’s summary here.