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New role of ISPs combatting trade mark infringement
Fourteen years after the adoption of the Directive on Electronic Commerce of 8 June 2000, relating to the liability of the ISPs within the EU, the roles of ISPs have evolved significantly and they no longer work in a solely technical capacity.
In principle, ISPs do not have any say on the content matter, they are simply offering a technical service. This task has however become required across a much broader spectrum since the emergence of Web 2.0, as users now have more opportunity to post and retrieve content on an interactive level.
ISPs which are merely acting as hosts benefit from a special status on non-responsibility. However, the legal obligations of ISPs have increased and in addition to the normal rules of liability, International and European Law have imposed on ISPs obligations to act against trade mark infringement by cooperating with the trade mark owners and the authorities. (more…)
The vexed question of “use as a trade mark”
Today on IPcopy we have a guest post from Carmen Champion, an IP barrister in Sydney, on the subject of “use as a trade mark”.
In a couple of recent cases in Australia, dealing with businesses as disparate as home elevators and halal butcheries, the courts have considered (or in one case, ignored!) that question central to trade make disputes: was the mark in question “used as a trade mark”? (more…)
Cycling, le Tour Cycliste Féminin and a case of trade mark infringement
On the 21st July 2013, Chris Froome became the second British person ever to win the Tour de France. It was a great day for Britain and for British cycling. The Tour has always been considered as the pinnacle of any professional road cyclist, anyone who wins the tour will have their name etched in cycling history forever, look at Lance Armstrong, he made his mark in cycling did he not?
However, how many people have heard of Nicole Cooke, first Brit and two time winner of the Tour de France … Féminin! You would have thought that that the Tour de France Féminin, would also be the highlight of the year for all female cyclists. Sadly due to the lack of public interest in women cycling, sponsorship each year for the tour was very hard to come by. For many years, stages were held inside cities because they would contribute money towards the tour; this in turn led to long transfers from one stage to the next. (more…)
The Intellectual Property Bill – Criminal Provisions for Registered Design Infringement
Parliamentary copyright images are reproduced with the permission of Parliament
In an earlier post we looked at the patent related provisions in the Intellectual Property Bill. Today, it is the turn of the registered design related provisions, or more accurately, one specific part of the registered design related provisions: Clause 13 – “Offence of unauthorised copying etc. of design in course of business”.
Clause 13 introduces a criminal offence with respect to registered design infringement which is punishable by imprisonment of a term “not exceeding ten years” and an unlimited fine. As we see below this provision has generated some opposing views.
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