IPKAT @ Fordham

The IPKat is currently attending the Fordham Intellectual Property Conference. As ever, there are more IP ideas knocking about than one can shake a very large stick at, but here are some of the highlights:

• Graeme Dinwoodie pointing out that trade mark owners are now increasingly seeking to leverage their trade marks into downstream markets, e.g. for servicing, but the law is reluctant to let them do so;


• Paul Maier pointing out that there have been over 8,000 OHIM Board of Appeal decisions - he claims that they are used as precedent, together with CFI decisions, but how this is possible with so many decisions being potentially relevant the IPKat has no idea;


• Hugh Laddie pointing out the risks of trade mark 'trolls' as it gets easier to register trade marks;


• Judge Rader pointing out that, while it's possible to teach the rules on patentability in 5 minutes, it takes 15 years of coalface experience to get a feeling for obviousness (the IPKat has felt this for a while, and is glad to be vindicated, but he doesn't understand why obvious proves more difficult than distinctiveness in trade mark law or originality in copyright);


• Martin Adelman arguing that the exceptions to patentability should be abolished (the IPKat strongly disagrees with this one, but it was a good rabble-rouser).

The fun continues tomorrow...