EconWatch.com > Latest JIPLP; trade mark classification - it's OHIM v UK

http://ipkitten.blogspot.com [IPKat””IP news and fun for everyone] Frosty February might be almost over, and March virtually upon us, but the February issue of the Oxford University Press Journal of Intellectual Property Law and Practice (JIPLP) was determined not to be published until there was at least a prospect of warmer weather. Among the features published in this issue are

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http://ipkitten.blogspot.com  IPKat””IP news and fun for everyone: (2) Whoever without authority supplies or causes to be supplied in or from the United States any component of a patented invention that is especially made or especially adapted for use in the invention and not a staple article or commodity of commerce suitable for substantial noninfringing use, where such component is uncombined in whole or in part, knowing that such component is so made or adapted and intending that such component will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer." AT&T argue that their patented invention relating to computer speech algorithms is infringed by software included within Microsoft's Windows operating system. The key point is that AT&T claim damages not only for infringement within the US, but also for infringement wherever Windows is sold outside the US, since Microsoft have supplied "components" abroad (master copies of the operating system) to others, who have then incorporated these components into a product (i.e. (via Cosmos)

http://www.conflictoflaws.net  CONFLICT OF LAWS .NET - News and Views in Private International Law: the decisions still enable the Dutch and German patents courts to continue to grant cross-border relief in certain circumstances. Whether they will do so remains to be seen. (via Cosmos)

http://williampatry.blogspot.com  The Patry Copyright Blog: Chan "Copyright ownership in university students' academic works." The June 2006 issue has an article by Cerys Wyn-Davies and Nav Sunner "Inspiration is not infringement." The April issue has two interesting articles, one by Maarten Schut "Armani found to infringe copyright of Dutch shoe designer," and one by Guido Westkamp "Hyperlinks, circumvention technology and contributory infringement—a precarious tale from German jurisprudence." The journal has many topical features beyond articles and cuts across the whole swath of IP. (via Cosmos)

http://ipkitten.blogspot.com  IPKat””IP news and fun for everyone: The reason why it's legal for the IPKat to post them is that (i) he's doing an act of fair dealing with them for the purpose of criticism or review, to enable readers to determine whether they are sufficiently close to one another for there to be a copying of all or a substantial part, and also for them to consider whether a proposed defence of parody etc would apply. There's also a fair dealing defence for news reportage. (via Cosmos)

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