THREE-IN-ONE FOR TUESDAY

1 Does anybody know?

The IPKat is looking for anything that anyone may ever have written on a rather odd trade mark topic. Article 6 of Council Directive 89/104 is the provision that spells out defences to a trade mark infringement action such as the honest descriptive use of a mark. But has anyone ever written about how these defences apply in respect of so-called "non-traditional" marks such as colours, product shapes, sounds or smells? If you have any useful references, please write to the IPKat here. He promises to publicise any good literature on this subject.


2 Big hit!

The IPKat thanks his visitors for taking the trouble to read his blogs. On Friday the IPKat scored 905 "hits", the largest total for a single day since he started blogging in June 2003. On Saturday he scored 187 -- which doesn't sound like a lot in comparison, but Saturday is a quiet day for IP enthusiasts and it's the Kat's best ever total for a Saturday. Sunday he got 237 hits, the first time he has ever topped 200 on a Sunday. The week's total was 2,993 visitors -- another record. The IPKat is so excited at nearing the 3,000 visitor-per-week mark, particularly during the holiday season.

And don't forget -- if you can't be bothered to call on the IPKat, you can get him to come to you: the IPKat's automatic email circulation list has now reached 90. If you want to be added to it, just enter your email address on the form at the bottom of the website or click here and let him know.


3 Bio-Science Law Review latest

The IPKat won't say that there has been an epidemic of Bio-Science Law Reviews from the Lawtext stable in recent months, but they do at last seem to be coming out at pleasingly frequent intervals. The latest issue, coyly styled issue 2 for 2004/2005, is the first to emerge since the title was merged with Life Sciences: Law and Business, which was until recently published out of London by Legalease. This issue carries three full-blooded features:

* "Disclaimers get green light", by Hsu Min Chung of London patent agents Boult Wade Tennant, a piece that considers current European Patent Office practice in consequence of an Enlarged Board of Appeal decision;

* A review by veteran bio-analyst Stephen Crespi (right, pretty well most of the time ...) of the fate of erythropoietin patents in the UK following the much talked-about House of Lords Kirin-Amgen decision;

* The most entertainingly-named biopatent article of the year, "Narrow Trousers and Narrow Patents, a Health Risk? Product protection of Purpose-Bound Protection for Biotechnological Inventions" by academic-cum-De Clercq, Brants & Partners attorney Sven Bostyn (left, possibly suffering from those narrow trousers ...).