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Intellectual Property Newsletter
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Articles for April 2001
CONFIDENTIALITY, COPYRIGHT AND RIGHTS TO FREEDOM OF EXPRESSION
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01 April 2001
The Human Rights Act, 1998, continues to have a widespread impact on the law in the United Kingdom. In
Imutran Ltd v Uncaged Campaigns Ltd
(Chancery Division, 11 January 2001), the claimant sought an interlocutory..
WTO INVESTIGATES BRAZIL PATENT LAWS
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01 April 2001
The US has secured the appointment of a World Trade Organisation panel to look into complaints against Brazil’s patent protection laws. The complaints focus on Brazilian requirements that products will only get patent protection if..
PATENT DECISION ON HIV TREATMENT
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01 April 2001
BioChem Pharma, the Canadian group being acquired by Shire Pharmaceuticals of the UK, has secured a victory in the USA in its long-running dispute over patent rights to the world’s best-selling HIV treatment.
The US patent..
NOMINET AND DISPUTE RESOLUTION
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01 April 2001
Nominet UK, national registry for all domain names ending .uk, has begun a public consultation as part of its review of procedures for dealing with domain name disputes. It is expected that the consultation will..
PROGRESS ON EU COPYRIGHT PROPOSALS
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01 April 2001
The European Parliament’s legal affairs committee has agreed to compromise in amendments proposed to the proposed directive on copyright. The committee adopted changes to the copyright rules which would tighten up restrictions on the private..
OPINION GIVEN IN REMINGTON DISPUTE
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01 April 2001
In an action before the European Court of Justice, Philips is claiming that the shape of its new shaver is registered as a trade mark and has been infringed by Remington. The latter argue that..
IT PATENT BOUGHT
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01 April 2001
CI Solutions, a privately owned UK software company, has acquired the global patent to the standard technology which is used to send information and complete transactions securely on line. It bought the patent covering the..
LABOUR PARTY EXCITEMENT
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01 April 2001
The Labour Party is said to be facing a possible challenge from Excite over its new election logo. Excite is saying that Labour’s stick man figure under a heart bears a strong resemblance to Excite’s..
RULING ON DATABASE RIGHTS
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01 April 2001
The British Horseracing Board has won a landmark judgment against William Hill in the High Court. It ruled that the bookmaker was breaking the law by using information from the Board’s database – lists of..
JURISDICTION ISSUES IN CYBERSPACE
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01 April 2001
The World Intellectual Property Organisation is meeting to consider whose intellectual property law should apply in disputes over the use of trade marks in cyberspace, and how judgments can be enforced: ‘Intellectual property rights are..
WIPO RULES AGAINST SPRINGSTEEN
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01 April 2001
WIPO has ruled that Bruce Springsteen’s Canadian fan club has better rights than he has to brucespringsteen.com
..
LARGEST VIDEO PIRACY DISCOVERY
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01 April 2001
Police officers investigating copyright theft have discovered what is thought to be the country’s biggest pirate video operation. Norfolk police have discovered a ‘massive’ counterfeiting business, able to produce thousands of pirate videos daily, in..
A RUM DISPUTE
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01 April 2001
It is being predicted that the legal dispute over the ownership of the Captain Morgan rum brand could last for another 18 months. Officials at Diageo and Allied Domecq say that the final outcome may..
ALTA VISTA IN PATENT ACTION
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01 April 2001
Alta Vista, the Internet search engine, is threatening to take legal action to force companies using search techniques for which it claims to have patents to cease doing so. Alta Vista says that it owns..
ROYAL JEWELLER SUES OVER USE OF OWN NAME
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01 April 2001
The royal jeweller, Asprey & Garrard, is suing William Asprey, the son of a former chairman, to stop him trading under this own name. Mr Asprey worked for the family firm until 1999 and opened..
ROYALTY ACTION AGAINST MUSICIANS’ UNION
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01 April 2001
Freddie Staff, a trumpeter, is taking the Musicians’ Union to court to discover whether he and many others are owed royalties. Musicians who were paid less than £10 for sessions in the 60s and 70s,..
CINE COMEDY AND QUESTIONS OF DISTINCTIVE CHARACTER
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01 April 2001
Taurus-Film filed an application for a Community trade mark in respect of the term CINE COMEDY with the German Patent Office. This was then transmitted to the Office for Harmonisation in the Internal Market (Trade..
NAPSTER ACTION
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01 April 2001
An appeal court in Los Angeles has ruled that Napster, the online music-swapping service, has been told that it need not close its operations immediately. It said that no action would be taken until a..
SOFTWARE TO PREVENT COPYRIGHT BREACHES
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01 April 2001
IBM says that it has developed software to prevent the making of pirate copies of music files downloaded from the Internet. Electronic Media Management System will, in theory, enable record companies to set download licence..
PATENTS, OBVIOUSNESS, NOVELTY AND DISCLOSURE OF DOCUMENTS
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01 April 2001
The claimants had alleged infringement by the defendants of a patent with a 1989 priority date. The patent related to the second medical use of the fungal antibiotic rapamycin to inhibit transplant rejection. The first..
ERRATUM
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01 April 2001
Some of you have pointed out that we reproduced in the March issue copy which had appeared the month before. This was carelessness on the editor’s part who offers his apologies. It will not happen..
CONFERENCE
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01 April 2001
The 8th Annual Trade Marks Conference; London, 21 and 22 May. Contact EF Legal, 45 Beech St, London EC2Y 8AD: 0800 358 0358; www.ef.legal.co.uk/tm201
..
LITERATURE
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01 April 2001
EC Competition Law and Intellectual Property Rights
; Anderman; OUP (0 19 829924 9); £22.50.
User’s Guide to Copyright
(5th ed); Flint; Butterworths Law (0 406 91498 2); £55.00.
Kerly’s Law of Trade Marks and Trade Names
(13th..
Lloyd's and the Lloyd's Crest are trademarks of the Society incorporated by the Lloyd's Act 1871
by the name of Lloyd's
