IPwars.com

Mainly intellectual property (IP) issues Down Under

Plant breeder’s rights in the EU

The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic testing, including travel to South Africa, the EU regulatory authorities have determined the variety the subject of the application is not distinct from a common South African plant. IPKat has a good overview, with links to earlier stages in the dispute,.. Read More

Resale royalty right in the EU

In a dispute over which of Salvador Dali’s heirs is entitled to the benefits of the Community Resale Royalty, the ECJ has ruled that this is a matter for national law. The 1709 blog has a short report here; IPKat waxes lyrical here. Case C?518/08, Fundación Gala-Salvador Dalí and Visual Entidad de Gestión de Artistas Plásticos (VEGAP) v Société des auteurs dans les arts graphiques et plastiques (ADAGP) CAL was.. Read More

Google’s sale of ‘trademarked’ keywords does not infringe in EU

The European Court of Justice has ruled that the sale of ‘trademarked’ terms by Google as keyword triggers of advertising: From IPKat reports. According to the IPKat, the rulings themselves: 1. Article 5(1)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks and Article 9(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community.. Read More

EU: patentability of stem cell

Greenpeace’s attempts to have “stem cell” patents of Oliver Brüstle revoked moves to the European Court of Justice: The Budnesgerichtshof (German Federal Supreme Court) has referred to the ECJ several questions about the patentability of the use of stem cells to treat various neural diseases. IPKat has details here, summarising the issues as : The ECJ will now have to rule on the interpretation of “human embryo” in the sense.. Read More

ACTA coming a little bit more out of the shadows

Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.

Shape and colour trade marks

Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the.. Read More

Selected microblog posts w/e 30/8/09

Selected microblog posts from the past week: Holman’s review David Koepsell – Who Owns You? The Corporate Gold Rush to Patent Your Genes http://ff.im/-7dK4P Patent Docs: Falsehoods, Distortions and Outright Lies in the Gene Patenting Debate http://ff.im/-7dK9H Koepsell fights back http://ff.im/-7dKek David Koepsell Doesn’t Know How to Cut His Losseshttp://ff.im/-7dKbE Patently-O: BRCA Gene Patents http://ff.im/-7mFuc Wyeth gets interloc. injunction in Australia against Alphapharm for alleged infringement of Efexor-XR patent:http://bit.ly/dvYwy Kenny J also rejects a.. Read More

Unfair competition in EU

According to the IPKat, the ECJ has introduced an EU-wide law of unfair competition/tarnishment for registered trade marks in L’Oreal v Bellure. Read more

Microsoft, the EU, Internet Explorer and tying again

On 15 January 2009, the European Commission commenced new proceedings against Microsoft alleging that Microsoft was abusing its dominant position in the market by tying Internet Explorer to the Windows operating system: According to the Commission: The evidence gathered during the investigation leads the Commission to believe that the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90% of the world’s PCs, distorts competition on the.. Read More

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