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Summer Summary
A Bank holiday plus a torrential downpour must mean that summer’s just about over. Just in case you missed us over the last few weeks, here’s our summer round-up from mid-July through to the end of August. (more…)
Unitary Patent Package – The Ratification Game (Portugal completes its ratification formalities)
Update (1 September 2015)
According to the website of the Council of the European Union, Portugal has now deposited its instrument of ratification (on 28 August 2015) to become the eighth country to complete its ratification formalities. Portugal joins Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eight countries who have completed their ratification processes.
Regular readers will recall that we noted last month that Portugal had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels. Now that Portugal has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).
Keltie: Charity Events
This September Keltie teams will be raising money for a range of charities by taking part in the Run the River and Tough Mudder events. Full details including links to their team profiles and charity pages are below. (more…)
US caselaw – countering an obvious combination objection
We’ve all been there. The Office Action for your client’s latest US patent application contains an inventive step objection based on the combination of two documents. The documents together appear to be relevant to your main claim but the client swears blind that the documents would never be combined to arrive at the invention. What do you do? How can you argue against such a combination of prior art. Well, here is a brief compilation of relevant US cases bearing on the obviousness of combinations*. (more…)
Rihanna, Topshop and a Narrow Opening to Image Rights in the English Legal System?
The English legal system does not acknowledge image rights. Celebrities cannot claim a monopoly on their image, nor a right to control the use of their name, likeness and other attributes that the public associates with them. Historically, they have resorted, as a compromise, to other forms of protection, such as registered trade marks and passing off (see explanation of passing off below), in particular.
However, a recent appeal judgement by the English Courts indicates that in certain circumstances, and depending entirely on the facts of the case, the Common Law tort of passing off can be “stretched” to prohibit the commercial use of celebrities’ images. This precedent is, in the view of the author, likely to be applied tightly, but presents an opening that celebrities will look to rely on to control the use of their image by unauthorised third parties.
The appeal judgement relates to the entertainment industry and follows a case successfully brought by pop-star Rihanna against the high street retailer Topshop. However, the implications for sports personalities, for whom a large proportion of the earnings originates from product endorsements, are self- evident and possibly greater that those for the entertainment industry. (more…)
A Question of Data Protection
One trend in sport that is becoming increasingly prominent is the capture (and subsequent processing) of athlete data via wearable devices. While this is usually done for medical, training or performance purposes, the desire on the part of sports bodies to identify new revenue streams is strong and there is no doubt that the demand for this kind of data is growing. Alongside the technological difficulties, one of the most significant obstacles to the successful commercialisation of that data is data protection. Nick White, Partner at Couchmans LLP, examines the treatment of athlete personal data gathered via wearable technology and does so through the lens of the recent general approach adopted by the Council of the European Union (‘the Council’) on 15 June 2015 concerning the proposed draft General Data Protection Regulation (‘GDPR’). (more…)
Meisterkreis: German Luxury Brands United Against Counterfeiting
Following on from IPCopy’s 3 July post reporting from the Marques Luxury Brands Symposium that took place in Zurich at the end of June 2015, we are now bringing you a summary of the presentation given at the Symposium by Clemens Pflanz, founder and CEO of Meisterkreis. (more…)
Book Review: ‘Inside Intellectual Property – Best Practice in Intellectual Property Law, Management and Strategy’
‘Inside Intellectual Property’ is written by a true ‘insider’ . Mike Jewess is the quintessential IP insider, his impressive career in IP having spanned private practice at a major London IP firm, senior in-house roles across a range of industries (including telecoms, packaging, aerospace and defence), and heading departments. He is a sought-after speaker, commentator and mentor in the IP community. If that isn’t enough, his comprehensive book is also informed by an in-depth survey of 25 UK IP practices. The result is a text that should become a seminal reference work. (more…)
Relocation of the Museum of Brands
From the Museum of Brands comes this press release about their relocation:
The UK’s only museum dedicated entirely to brands is relocating on 6 October 2015 to larger premises on London’s Lancaster Road. Since it opened in Notting Hill’s Colville Mews in 2005, visitors to the Museum of Brands have increased fourfold, to a staggering forty thousand in 2014. Continued growth and success have led the Museum to find a new, larger home at the London Lighthouse building, on Lancaster Road. As well as providing unrivalled insight into the history of British consumer society from the late 1800s, the move will enable the Museum to offer two unique venue spaces for hire during the day and the evening, perfect for conferences, drinks receptions and much more. (more…)
Portugal ratifies the UPC Agreement
From IPcopy reader Gonçalo Paiva e Sousa comes news that the Portuguese president has apparently ratified the UPC Agreement.
Gonçalo’s comment in full reads:
“The Portuguese president has ratified the UPC Agreement, after the parliament approval. It is now official that Portugal has ratified the Unitary Patent Court Agreement – Presidential Decree n.º 90/2015 dated August 6, 2015.”
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