IPKat co-blogmeister Ilanah has written an article on why the Art.6 defences may not be available in most EU dilution cases and why s.10(6) may be completely off-limits in such cases. Along the way the article traces the origins of the honest practices proviso, takes a look at the US concept of nominative fair use and examines what the implications are for the defences with regard to all types of infringemt.
The piece is still in draft form, but Ilanah would welcome comments.
If you'd like a copy, please email here.
Friday, 30 June 2006
Posted by Unknown at 6:37:00 p.m.