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.
Do you want to reuse the IPKat content? Please refer to our
Policies section.
If you have any queries or requests for permission, please get in touch with the IPKat team.
Comments
Post a Comment
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: http://ipkitten.blogspot.com/p/want-to-complain.html