TOOTHPASTE CASE IMMINENT; ANOTHER CHEESE GAINS PROTECTION; COPYRIGHT WORLD

1 Next week in Luxembourg

The IPKat notes that next Tuesday, 18 October, the European Court of Justice will be giving its keenly-awaited ruling in Case C-405/03 Class International. This is a reference for a preliminary ruling from the Dutch Gerechtshof te 's-Gravenhage on the interpretation of Articles 5(1), 5(3)(b) and 5(3)(c) of Council Directive 89/104 (the trade mark harmonisation Directive) and Articles 9(1), 9(2)(b) and 9(2)(c) of Council Regulation 40/94 on the Community trade mark. This case considers the power of the trade mark owner to seize AQUAFRESH toothpaste that had been suspended from transit within the European Union.

The IPKat hopes to post a comment next Wednesday night or, failing that, Thursday. Meanwhile you can read Advocate General Jacobs' opinion here.


2 Another cheese gets PDO protection

The IPKat brings to your attention the recognition of yet another Protected Designation of Origin for a cheese. This time it's STELVIO (or STILFSER), from the Bolzano/Bozen region of Northern Italy. According to the published specification:

"When ready for consumption, Stelvio or Stilfser cheese, having matured for a minimum of sixty days, is cylindrical with flat or almost flat sides and a straight or slightly concave heel. A cheese measures as follows: between eight and ten kilograms in weight, with a diameter of between 36 and 38 cm and a height of between 8 and 10 cm. The fat content in dry matter is at least 50 % and the moisture content does not exceed 44 %. The rind must be of a yellow-orange to orange-brown colour. The texture of the cheese is compact, pliable and springy. It is a pale, straw yellow colour, with irregular, small to medium-sized eyes".

The IPKat's quite fond of cheese, but he doesn't like the sound of its beady little eyes ...


3 Latest Copyright World

No sooner has the IPKat finished his previous Copyright World when along comes the next one. The October 2005 issue, published by Informa, carries a cover story from Carole Hailey and Juliet Nutland (Waterfront Partnership) on whether UK case law on implied copyright assigment has started to develop along contradictory lines following the Doc Marten and Clearsprings cases (the IPKat says no, it hasn't, so far as he's concerned - but the question was a good one to ask and the subject of implied assignments and licences is in urgent need of reassessment). Note to all interested parties: the Waterfront Partnership looks interesting: a London firm charging regional rates - even if it does employ a lightbulb illustration on its website ... Other features to watch include

* Shireen Peermohamed (left) and Rebecca Kaye, both of Willoughby & Partners, on the practical implications of the recent bundle of case law on database protection;

* Nicholas James (Chorion's chief executive) explains why he is optimistic about the Chinese market and resolution of the piracy issue. The IPKat hopes this optimism's not unfounded, though he has grave anxieties on the subject.

Incidentally, the IPKat can never understand why the company that owns the rights to the works of Agatha Christie, Enid Blyton, Georges Simenon and various other literary superstars, should ever want to call itself Chorion in the first place (see illustrations, left and right, and explanation in Wikipedia). Merpel says, oh for goodness' sake, do you have to look everything up in dictionaries?