1 The IPKat received the latest issues of two sets of law reports today:

* Butterworths Intellectual Property and Technology Cases (June 2005). Among other cases there are four Court of Appeal decisions from 2004 in this issue -- Nestle v Mars (last summer's scrap over whether the Trade Mark Registry's hearing officer has the power to allow registration of a trade mark application subject to the amendment of an application, thus depriving potential opponents of a chance to challenge it), Bongrain (non-registrability of a cheese shape that consumers wouldn't recognise as being a trade mark), Novello v Keith Prowse (on the impact of the late Copyright Act 1956 upon reversionary interests under the Copyright Act 1911) and Lambretta v Teddy Smith (whether design right exists in "colourways" on clothing).

* Sweet & Maxwell's European Commercial Cases (Part 3). The ECCs always surprise with their selection of intellectual property-related cases. This time round we have three Cour d'appel de Paris decisions - SA Credinfor v (whether IP rights subsist in an internet database of artworks and prices), Mayan v TV Francaise 1 (whether a TV game with audience participation is a protectable work) and Lep in Extenso Production v Carrega (damages for wrongful use of image for advertising purposes), as well as the decision of Mr Justice Laddie in Sony v Ball (were Messiah 2 chips an unlawful means of circumventing copy-protection).

2 A trade mark question

Yesterday the IPKat posted a note on the European Court of Justice ruling in Eurocermex that affirmed the decision not to grant Community trade mark registration to a three-dimensional sign consisting of a clear glass bottle containing beer, into the neck of which had been inserted a wedge of green-skinned lemon. Managing Intellectual Property editor James Nurton has asked whether that sign has in fact been registered anywhere at all. If you know the answer to this, please email the IPKat here.

3 Any suggestions?

The Butterworths Intellectual Property Law Handbook is coming up for revision again. The sixth edition (2003) is already quite out of date and the seventh edition should be out, all being well, by the end of this calendar year. As consultant editor, IPKat co-blogmeister Jeremy is compiling a list of things that should be added to its burgeoning contents list. If you are a user of this book and have any bright and/or constructive suggestions for inclusion, can you please email Jeremy here.
FRIDAY MISCELLANY FRIDAY MISCELLANY Reviewed by Jeremy on Friday, July 01, 2005 Rating: 5


Anonymous said...

Suggestions for IP Handbook:
1) Copyright (Industrial Processes and Excluded Articles)No 2 Order 1989 [SI 1070 of 1989] - Crops up remarkably often when giving designs advice.
2) "Old" law, referred to in transitional provisions, governing validity. Remember, copyright(and trade marks) last a VERY long time: I often need to refer to the Copyright Act 1911 / 1956 / Trade Marks Act 1938. As most of the provisions in my King's Printer's editions are redundant, a collection of the sections still effectively "in force" might just justify the exhorbitant sum Butterworth's charge for this book (and of course, the huge royalty your Master receives).

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