European IP Bulletin; Issue 75 - November 2010


In This Issue:

INTELLECTUAL PROPERTY (GENERAL) IPO Consultation: Setting The Limit on The Value of Claims Heard in The UK Patents County Court

PATENTS Persons Skilled in the Art: Obviousness and Sufficiency;

Tate & Lyle Technology Ltd v Roquette Freres: Claim Construction Destroys Novelty; and, Grimme Maschinenfabrik GmbH & Co KG v Derek Scott (t/a Scotts Potato Machinery): Contributory Infringement and “Means Essential."

COPYRIGHT: Harry Potter v Willy the Wizard

TRADEMARKS: Socks World International Ltd and Beko Plc: Intention and Unfair Advantage; DHL Express (France) v Chronopost SA (Opinion of Advocate General Pedro Cruz Villalón): Injunction Effective Throughout the European Union.

DESIGNS: Dyson Ltd v Vax Ltd: Overall Impression, Design

Corpus and Design Freedom

DATABASES: Beechwood House Publishing Ltd v Guardian Products Ltd: Sui Generis Right and Extraction of Substantial Part

COMMERCIAL: European Parliament’s Committee on the Internal Market and Consumer Protection Briefing Paper on the Proposed Consumer Rights Directive: Disharmony Over Full Harmonisation; Gary Fearns (trading as Autopaint International) v Anglo-Dutch Paint & Chemical Ltd: Operative Date for Set-Off of Damages in Different Currencies; and, Oceanbulk Shipping & Trading SA v TMT Asia Ltd – without prejudice negotiations and the interpretation exception.

DATA PROTECTION: Information Commissioner’s Office Data Sharing Code of Practice Consultation: Draft Code on Lawful and Effective Data Sharing

SPORT: Giedo Van der Garde BV v Force India Formula One Team Ltd: Breach of Service Agreement, Restitution and “Wrotham Park” Damages; Olympics, Paralympics and London Olympics Association Rights: Remedies for Infringement

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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