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Intellectual Property Newsletter
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Articles for October 2005
The Kit Kat case
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01 October 2005
Société des Produits Nestlé SA v Mars UK Ltd (Case C-353/03) European Court of Justice, 7 July 2005
Community Design Regulations
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01 October 2005
The Community Design Regulations 2005 (SI 2005 No 2339) come into force on 1 October.
These Regulations make provision for the operation of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community design. They:
provide..
GM may sue over Chinese vehicle copy
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01 October 2005
General Motors (GM) is considering legal action against a Chinese partner of Ford after Jiangling Motors began exports to Europe of a vehicle which GM believes is a copy of one of its off road..
Acambis resists vaccine action
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01 October 2005
Acambis, the biotechnology company, has said that it would defend its legal position after it was accused by Bavarian Nordic, a rival smallpox vaccine developer, of patent infringement.
Bavarian Nordic, which is based in Denmark, said..
BTG settles website action
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01 October 2005
The British Technology Group (BTG), which is suing several US websites including Amazon.com, has settled out of court with Netflix, one of the defendants. BTG claims that various websites are infringing its patents on the..
Geometric shapes and original designs
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01 October 2005
Sales (Alan) v Stromberg (Jonathan) and others [2005] EWHC 1624
Sony protects PlayStation against piracy
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01 October 2005
Sony has moved to close a loophole in the software of its PlayStation®Portable (PSP) hand-held games console which has allowed hackers to make unauthorised games and programs able to run on the device. Sony has..
BT settles in ‘slamming’ case
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01 October 2005
BT has stopped legal action against Cauldwell Communications over the alleged mis-selling of fixed-line services. Cauldwell agreed to pay BT £150,000 to end the dispute and gave an undertaking not to infringe BT’s trade mark...
EU moves on online music
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01 October 2005
The European Commission is considering measures to boost the sales of online music providers in the EU. This is because of concern that the EU market for such services is falling behind that in the..
Qualcomm acts on patents
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01 October 2005
Qualcomm is claiming that its US rival Broadcom has infringed seven of its patents related to 3G mobile phones and wi-fi networks. In an action filed in San Diego, Qualcomm is seeking damages and an..
No to FOOK
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01 October 2005
There was an attempt to register FOOK as a brand name for clothing after it was ruled that the sound-alike F-word still has the power to offend. Judge Kitchen rejected claims by Kevin Scrange of..
AstraZeneca to fight level of fine
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01 October 2005
AstraZeneca has said that it will appeal against a fine of €60m imposed for violation of EU competition law by abusing the patent system and preventing rivals from entering the market.
The company said that the..
Technical contribution and patentability
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01 October 2005
In the matter of Patent Applications GB 0226884.3 and 0419317.3 by CFPH LLC [2005] EWHC 1589
Rock Me Gently plagiarism charges
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01 October 2005
The publisher Bloomsbury has decided to suspend indefinitely its plans to produce a paperback version of Rock Me Gently by Judith Kelly. The book, describing brutality at the hands of Catholic nuns, ran into trouble..
The Jesus trade mark
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01 October 2005
In re Basic Trade Mark SA’s Trade Mark Application, Lawtel 8 September 2005
The cost of IT fakes
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01 October 2005
A report from KPMG estimates that as many as 10% of IT products sold worldwide could be counterfeit, and that this costs technology companies as much as US$100bn each year.The report also says that counterfeiting..
Netease acts to stop piracy
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01 October 2005
Netease, one of China’s leading internet portals, has suspended its online music search service over concern as to copyright piracy. Music companies have said that MP3 search services offered by Chinese portals and search websites..
Moral rights for performers
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01 October 2005
The WIPO Performances and Phonograms Treaty requires Member States to provide performers with moral rights. Current UK law does not do so, and the Patent Office has now published guidance on the amending law which..
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