For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

Two of our regular Kats are currently on blogging sabbaticals. They are David Brophy and Catherine Lee.

Friday, 19 August 2005

AS THE WEEKEND APPROACHES ...


A scrap of cheese

Commission Regulation 1357/2005 proudly announces the fact that CHEVROTIN has been accepted as a protected designation of origin for French cheese. France's original application under Regulation 2081/92 was opposed by Italy on the grounds that registration would be detrimental to other products on the market in Italy, in particular those called ‘caprino’ and that the translation in Italian of the name in question (caprino) was generic.

France argued that registration of CHEVROTIN would not lead to a ban on the use of the expression ‘de chèvre’ (goat) or ‘fromage de chèvre’ (goat cheese) to denominate cheese made from goat’s milk or, by the same token, use of the translation of these terms (in Italian, ‘caprino’ and ‘formaggio di capra’).

The Commission ruled that CHEVROTIN could not be considered a translation of the term ‘caprino’ and that, even if the term ‘caprino’ were generic, that would not imply that ‘chevrotin’ had also become generic. Further, since Italy did not provide any evidence from which it may be concluded that the term ‘chevrotin’ itself is generic.

More on Chevrotin here. Goat cheese recipes here and here (goat's cheese souffle, left)). Goat recipe here.


2 Latest EIPR

The September 2005 issue of the ever-popular European Intellectual Property Review, published monthly by Sweet & Maxwell, contains some solid trade mark stuff.


* Australian academic Michael Handler provides a critical analysis of the ECJ's approach to trade mark distinctiveness in the Sat.1 case;

* Henning Hartwig (Bardehle Pagenberg Dost Altenburg Geissler, Munich, right) considers the German Bundesgerichtshof's approach to balancing the interests of consumers and trade mark owners in the context of e-auctions.
There's also food for thought in Richard Arnold QC's Opinion, which agues that the copyright protection accorded to photographs is anomalous and that they should be accorded "signal copyright protection" like broadcasts, films and sound recordings.

3 Hot news from Qatar

It's always hot in Qatar, so far as the IPKat can tell, but the hot news is that Qatar is signing up for the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both with effect from 28 October 2005.

Dance, drama, film, literature and music in Qatar: the British connection.
How to keep cool in Qatar, for humans and cats.


4 An editor's grouse -- and what's yours?

Co-blogmeister Jeremy is spending the day editing articles and notes for the first issue of JIPLP (the Journal of Intellectual Property Law and Practice), which will be published by Oxford University Press in November. Although he's delighted with the quality of the manuscripts before him, he is getting just that teeny bit incensed by the sometimes excessive use of the word "obviously" in legal articles. If something's truly obvious, the author shouldn't need to say that it is because the reader will recognise it as such. However, if it isn't obvious, the word shouldn't be there at all.

Other little things tend to get him riled but he hasn't found them in the JIPLP manuscripts yet, like writing about breach of copyright (instead of infringement).

There are probably lots of other terms and expressions that are anathema to readers, but of which he's quite unaware. If you have any favourite (sic) terminological or syntactical bugbears, do let him know and, if possible, he will endeavour to keep them out of JIPLP.

17 comments:

Anonymous said...

Sir, You write "Henning Hartwig (... right)". Having read the excellent article by this scholar I think you should have write "Henning Hartwig (... right, as usual)".

JimD said...
This comment has been removed by a blog administrator.
Anonymous said...

Grouse: Use of double hyphens when a single one will do.

Anonymous said...

I hope that no-one writing for your august journal would do it, but I get irritated by the use of the preposition "on" with the verb "infringe", as in: "A's product infringes on B's patent". I'm not certain that it is wrong, but I don't like it anyway.
Darren Smyth

Guy said...

Too many British papers and journals, including The Times Law Supplement, use the American term "trademark" rather than the British term "trade mark". We still have a Trade Marks Registry and we invented the registration system in 1875.

The goat recipes are good. In Camberwell an ethnic Jamaican take away supplies excellent goat curry. My son discovered it while studying IP at Queen Mary.

Anonymous said...

Not sure if it counts as a mixed metaphor or not, but I've never met a "syntactical bugbear" and I'm not sure I'd like to.

Is it true that goat's meat is lean and healthy? If so, when will McDonald's give us McGoatburgers?

Andres Guadamuz said...

Is it allowed to use the word "obvious" when talking about patents?

I am getting paranoid now.

Anonymous said...

So, Chevrotin is now a protected name for cheese, along with Feta. When are the British cheesemakers going to stand up and protect their rights - Cheddar should be restricted to cheeses coming from the Cheddar area and Stilton, likewise, from Stilton. Only through this course of action can our supermarket shelves be freed from the plastic imposters. While we're at it, why isn't Hamburg a protected designation of origin for ground beef patties?

Anonymous said...

There are two problems with the previous comment. Firstly, Stilton, despite its name, comes from Melton Mowbray, not Stilton. And secondly, designations of origin cannot possibly protect culinary terms, which usually only rarely have any actual geographical association with the place referred to (e.g. Russian salad; English muffin; and especially the Hamburg steak).
Darren Smyth

Anonymous said...

Checked the history of Stilton - apparently it is the subject of a PDO anyway:

http://www.stiltoncheese.com/UK/pr/history.cfm

Nevertheless, I fear that the EU registration procedure is one which leads to an artificial division of the market - the protection of Feta cheese being an example. If a particular term has lost its geographic associations, it should not be possible to retrospectively restrict the market by allowing the registration of the designation. In some histories of the hamburger, its origin is indeed linked to Hamburg and thus only an extension of logic is required to limit the term hamburger to such products origininating from Hamburg.

Anonymous said...

I understand that what the English call "Danish pastries" are in Denmark called "Vienna cakes". Does no-one want to take responsibility for them?

Anonymous said...

How about French horns?

Anonymous said...

None of that sort of talk please - this is a family blog! ;-)

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