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The list of Forthcoming IP Events is just one short click away, so make sure you check it!
Talking of forthcoming events, the IPKat's London seminar on 23 November on "IP Enforcement in the UK: appraising the new American model" (draft programme and registration details here) has already attracted 43 participants; it looks like there will be a full house, so if you are thinking of coming don't leave it too late! One more detail of the programme the Kat can report is that Ruth Orchard (Anti-Counterfeiting Group) has agreed to join the panel, a sure way to keep discussion lively. Meanwhile the annual IP Publishers and Editors lunch on 7 December, also in London (click here and scroll down for details) has gone one better, with 44 participants signed up from as far afield as the United States and Germany.
SPC Blog readers celebrate their 900th email subscriber |
Top 20 European trade mark decisions. The MARQUES Class 46 weblog is compiling a snapshot of readers' opinions as to which are the most important trade mark law rulings of the Court of Justice of the European Union. This will lead to a readers' Top Twenty Cases, which Class 46 will publish for the general edification of all. Further details can be seen here. While the list will close at midnight on 31 October, the IPKat can tell you that the five front-runners, in descending order, are Sabel v Puma, Canon, Baby-Dry, Lloyd and Silhouette. Many big cases are trailing badly; some landmarks have not got a single vote (classics such as Hoffmann-La Roche v Centrafarm and Bristol-Meyers Squibb are devoid of supporters, it seems). Anyway, if you have strong feelings as to which are the most important ECJ cases and/or enjoy making your opinions count, do get in touch.
"Baa"ing software patents: will this deter investors from flocking to NZ? |
Following the merger, the battle for the desk nearest the coffee machine was intense |
“A robust competition regime is vital for driving innovation and growth. We welcome the announcement on the proposed merger of the OFT and Competition Commission, and it is something we had been calling for. The planned merger would improve the efficiency of the competition regime by cutting duplication. It would also benefit businesses by speeding up merger reviews and market investigations, reducing the time firms are left in limbo.”The IPKat thinks this is fine, but Merpel is worried: won't the merger mean that there is an uncompetitive monopoly in the market for the review and investigation of monopolies and their abuse ...?
The AmeriKat has asked the IPKat to express her thanks to the kind reader who was responsible for the rather lovely bouquet of flowers which she received today. I'm sure she feels, as we all do, that it is a pleasant surprise and a welcome change to receive anything that does not arrive as an email attachment.
"Pitch battle over Liverpool ownership moves to court 16" was the Guardian headline, but the thing that caught the observant eye of Tom St Quintin (Hogarth) was the following confection of journalistic twaddle:
"Mr Justice Floyd has presided over a number of high-profile court cases in his time. But it is unlikely that a patent dispute over the copyright to Henry Hoover, a royalties decision in favour of the session violinist who played on the Bluebells hit Young at Heart or a spat over the name of a Stella McCartney perfume will generate nearly as much heat as that seventh on the cause list for court 16 tomorrow".
Re: "Software patents are not the flavour of the month in New Zealand".
ReplyDeleteOf course a computer program is not a patentable invention. A printed patent specification is also not a patentable invention. Both are merely ways of describing and defining an invention. There are many inventions, and some are patentable. The computer program may be the most concise way of expressing the subject matter.
It is so hard for everybody to understand the simple fact that we distinguish between those inventions that are patentable and those that are not. An invention may be patentable even without a filed application, but we cannot be certain until after application and prosecution. An invention that has been disclosed publicly before an application has been filed will in most cases by definition not be patentable any more. It can no longer be protected.
When patent people encountered plant breeder's rights the expression used for the protected subject is "variety". However that term denotes the cultivar that has already passed the stage of examination. Confusingly (to patent people) there are no unprotected varietes, and that had derailed many a discussion.