1 It's SCRIPT-ed again

The September 2005 issue of online intellectual property SCRIPT-ed, published by the AHRC Research Centre for Studies in Intellectual Property and Technology Law based in the School of Law at the University of Edinburgh, is now available online. SCRIPT-ed contains peer-reviewed articles, costs nothing to read online and is jolly good.

This issue leads with a piece by QM's Johanna Gibson (left) on the Patenting Lives Reseach Project and the other features, dealing with subjects as as the .XXX top-level domain and the operations of the UK's Copyright Licensing Agency, look lively and well-presented. Says the IPKat, keep up the good work!

2 Industry complains of poor patents

The IPKat is endebted to ZDNet UK for reporting on a survey, published by the US-based Intellectual Property Owners Association, that found that 10 percent of companies who hold patents in the computer, electronics or software industry thought the quality of patents being issued is poor, while 40 percent thought it was less than satisfactory. The overall perception of patent quality is lower than in the chemicals, pharmaceuticals and biotechnology industrys or in the consumer products, machinery and general manufacturing industry. In these industries, none of the respondents thought the quality of patents being issued was poor, although around half thought the quality of patents was less than satisfactory.

This survey may reflect attitudes, says the IPKat, but that doesn't necessarily mean that the patents are bad - or even effectively useless, such as the cat-exercise patent illustrated here (left). It only means that there is a gap between what industry expects and what it gets. But Merpel comments, if industry said it was happy with the quality of patents, you'd probably say that meant they were good quality, wouldn't you?

3 One in the eye for ophthalmic preparations CTM application

The Court of First Instance (CFI) handed down its decision today in Case T-130/03, Alcon Inc. v OHIM, Biofarma SA intervening. Alcon applied to register the word TRAVATAN as a Community trade mark for ophthalmic pharmaceutical preparations in Class 5. Biopharma opposed, in June 1999 (that's the previous century, remember?), alleging a likelihood of confusion with its Italian word mark TRIVASTAN for "pharmaceutical, veterinary and hygiene products; dietary products for infants or patients; plasters; materials for dressings; tooth fillings and dental impressions; disinfectants; herbicides and pesticides’" all in Class 5. The Opposition Division found that the use of TRAVISTAN was proven for a 'peripheral vasodilator intended to treat peripheral and cerebral vascular disturbance and vascular disorders of the eye and ear’ and allowed the opposition for all the goods claimed in Alcon's application. The Board of Appeal dismissed the appeal and so too, this morning, did the CFI.

The CFI held that the marks were visually and phonetically similar, then added this on the issue of conceptual similarity:
"71 As regards the comparison of the signs from a conceptual point of view, the applicant asserts that the signs are distinguishable in that respect, since TRAVATAN is devoid of meaning, while the first syllable of the earlier mark TRIVASTAN means ‘triple’ and its second syllable ‘vas’ is an allusion to the adjective ‘vascular’. The only syllable common to both signs has no particular meaning or distinctive character in respect of goods in Class 5.

72 The Board of Appeal found that the words ‘trivastan’ and ‘travatan’ have no significance for the Italian consumer.

73 The Board of Appeal’s assessment must be endorsed. It does not appear likely that the earlier mark TRIVASTAN indicates to the relevant public, even if that public also includes professionals, that the product is one having triple strength and used for vascular disorders. Even if the public could understand ‘tri’ as being a reference to ‘triple’, it is not obvious what ‘triple’ refers to. Moreover, as OHIM found, there are words in Italian beginning with ‘tri’, but in which that ‘tri’ does not mean ‘triple’ at all (e.g. ‘tributàrio’ (fiscal or tributary) or ‘tribolàre’ (to cause suffering)).

74 The words ‘travatan’ and ‘trivastan’ must therefore be considered to have no particular meaning for the Italian consumer and, consequently, there is no conceptual similarity between the signs in question".
The IPKat is sure this is right and feels that special caution should be exercised with regard to the poor old consumer. If you're taking something for your eyes, it may just be that you don't see too well. If so, even a small degree of visual similarity might be sufficient for you to end up putting some noxious substance on your eyes by accident.
THURSDAY TIDBITS THURSDAY TIDBITS Reviewed by Jeremy on Thursday, September 22, 2005 Rating: 5


  1. We had been blogging trying to find how our world sees computers and PCs. Computer has been a lifeline for us. Your site provides some of the best examples of this sort and we will bookmark yours. Another one we found was and appears to be related to yours is discount computer site/blog. It pretty much covers discount computer related stuff.

  2. Hello fellow fisherman,

    Did you know that 16% of the U.S. population goes fishing at least 16 days a year?

    Did you also know that over 75% of the nations fishermen do not fish during "prime time"; fish feeding hours?

    Those precious few moments before twilight can be absolutely magical. Even up until 11pm at night, the largest predators of any species feed ravenously.

    Don't believe me? Check out Daniel Eggertsen's story, and a picture of a couple of his catches here : "Evening Secrets plus more"

    I want you to do me a favor and try it out so I can see what you think of it, and if it works for you as well as it did for me.

    You will be one of the first to try it out.

    Gone Fishin',


  3. One good resource for maintenance software and many more free software alternatives is
    Yes it is my site and I would love for you to drop by for a second. From there you will have free access to several of my products such as The Marketing Toolbar (which is goldmine of information on how to do things quickly and on the cheap, thus saving you time and money).
    Also for webmasters I have created Webmaster Wizards, which will help you with almost every aspect of putting code on your site from things such as legal and privacy disclaimers to popunders. I have so much content and free software there I could fill up this whole blog, so check it out Thanks, Sincerely Rob Rudd

  4. Hi Iwas just blogsurfing and found your blog I think blogs are a great idea keep it up .. I also have started a blog and intend to make more .. I also have a website that sells very cheap software .. cheap software
    I just started up so be my guest and take a look you may find something you need software

  5. Nice blog you have here! If you get a chance you may want to visit this stop smoking site, it's a very nice site.

  6. Hey, you have a great blog here! I'm definitely going to bookmark you!

    I have a marketing and advertising site. It pretty much covers marketing and advertising related stuff.

    Come and check it out if you get time :-)

  7. ...anyone looking for information products to sell? Check out Resell Right Products or eBook Lovers. Thanks!

  8. Hey, you have a great blog here! I'm definitely going to bookmark you!

    I have a safelist site/blog. It pretty much covers safelist related stuff.

    Come and check it out if you get time :-)

  9. free advertising template this works for me: free advertising template

  10. Hey, you have a great blog here! I'm definitely going to bookmark you!

    I have a advertising email internet marketing promotion software site/blog. It pretty much covers advertising email internet marketing promotion software related stuff.

    Come and check it out if you get time :-)

  11. Good blog but without internet advertising opportunity you have little chance of selling anything.

  12. I discuss this topic daily myself. I also have a website that talks about computer home make money ways related things. Go check it out if you get a chance.

  13. I enjoyed reading your blog. There is a lot of useful information about web hosting in it. We offer Turnkey Websites and Reliable Hosting. We also provide a blogging service that will help your site get indexed fast and keep the search engines visiting your site. Click here for more information about web hosting.
    Thank you
    TWP Admin

  14. Hello everyone! ... sorry I'm a newbie, how does this blog thing work? I bought some products from this store: but too dumb to figure out. Any help would be greatly appreciated!

  15. If you would just take your time to know your way around, you could discover

  16. Your blog about get paid for taking survey, provides a wealth of information. I also have a web site & blog about get paid for taking survey so I know I'm talking about when I say your site is top-notch! Keep up the great work, you are providing a great resource on the Internet here!

  17. Hey, you have a great blog here! I'm definitely going to bookmark you!

    I have a direct free list mailing site/blog. It pretty much covers direct free list mailing related stuff.

    Come and check it out if you get time :-)

  18. Furry bearer of unconditional love, affection, companionship - and a rocket-powered babe magnet to boot.Rearing a dog is like rearing a kid. Some dog owners PREFER to rear dogs than kids. But rearing & caring a dog take up a lot of your time.
    You can also check out the news section at :

    "Latest News"

    You can almost see your new dog right now . . . running in the sun, chasing Frisbees, doing adorable tricks, puking on the rug at 3 a.m., chewing up your entire porno collection, shedding on everything in sight . . . Still want a dog? Then step right up, you've come to the right place.


    Our website provides a portal with all your dog care needs in one place. We know what's its like owning a dog and nurturing him/her till maturity. Its a hard job. You can bookmark this website so that you can come back again and again for all your unanswered question.

    You can also order our dog owners guide that goes in depth the process of evaluation yourself and environment for a suitable dog companion.


  19. RSS Announcer instantly and automatically submits your RSS feeds


All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here:

Powered by Blogger.