Saturday, April 30, 2011

A new Kat for the IPKat team

The IPKat's blogging team is delighted to announce the appointment of a seventh team member, this being none other than Catherine M. Lee.  Having qualified as a solicitor and trade mark attorney in Australia and as a solicitor and barrister in England and Wales, Catherine also holds a PhD from the University of Oxford. She currently works as a Night Lawyer for The Sun newspaper. Previous convictions include spells working for law firm Clayton Utz and the Australian Copyright Council.

A talented linguist (her familiarity with Japanese, German, French and Italian more than compensates for Jeremy's well-chronicled deficiencies in this regard), Catherine is also an expert wine-taster (she has held office as President of the Oxford University Wine Society).

Keen readers of this weblog will have noticed that Catherine has written two guest pieces for it recently, which you can sample here and here. We all look forward to more of the same, so let's give warm welcome to Cat the Kat!

Friday, April 29, 2011

Bening Cute Emo Girl Style

How Where Gan .. Do You Feel Today So tired ..
ok .. as healers feel tired you may be a way to look at pictures
This little girl can make sense of tired, tired, your weary reduced.





Breast worth 4 billion

Hollywood actress Heidi Montag reportedly offered worth 4 billion to the breast. But Heidi Montag playboy who refuses to itu.Majalah price membandrol 4 billion for breast Heidi Montag.




Nompang Narsiz Uey..

Fordham IP Conference 2011: part 6

 Victoria calls for "actual cooperation, not just
fluffy conversation at the top level"
The IPKat's final report on the Fordham IP Conference brings you news of the keynote address of Victoria Espinel, the White House Intellectual Property Enforcement Coordinator (IPEC). "What a difference a year makes", she said as she compared her somewhat sparse message at the conference a year ago with the cornucopia of exciting news that she conferred upon the corresponding audience this lunchtime.

Having compressed her one-year allocated for crafting a strategic plan into just six months, Victoria told us how much effort has gone into seeking consensus -- an effort which has borne fruit in uniting business and labour, Democrats and Republicans and all sorts of other warring factions in support of a vigorous pro-IP policy at home and abroad.  Dialogue, not consultation, is her aim, and she maintains it with the Department of Justice, the Department of Commerce, Immigration and Customs Enforcement and other concerned bodies (a total of 17,000 Federal employees are apparently involved in IP enforcement issues of one sort or another).

A rare sight at Fordham: Hugh Hansen unable
to interrupt a speaker. What might be be thinking ...?
Asserting that the US must lead by example, Victoria declared that the best place to start is at home, making sure that Federal procurement involves only lawful product and proper software licences, keeping all infringing goods out of the Federal supply chain.  She also emphasised the need to help US businesses overseas by deploying personnel on foreign soil, notably China -- where many US businesses require guidance and assistance in seeking to protect and enforce their IP rights.  Other activity she mentioned included the proposal for raising the penalty for trade secrets theft via a new industrial espionage bill, and the In Our Sites initiative which is said to be achieving highly positive results in its early stages, with four crackdowns on rogue websites resulting in the seizure of 100 or so domain names.

Victoria's message was a positive and impressive one, quite at odds with some of the downbeat assessments privately expressed by some of the conference participants about having to learn to live with a level of infringement that we can't bring down.  It is a message which the IPKat will be taking back to England with him and which he looks forward to drawing to the attention of the All Party Parliamentary Intellectual Property Group (here) next month.

Fordham IP Conference Report: Part 5

Today's programme opened with a sunrise seminar at 7.30am on the subject "Rule of Law on the Internet: Feasible or Fantasy?", chaired by renowned IP scholar and jay-walking analyst Hugh Hansen. The keynote address was delivered by Richard Cotton (NBCUniversal Media), who listed five axiomatic propositions:
  • There was a need to move forward in terms of internet rule of law, since we can't stay where we are;
  • Any solution to current problems of content control must be rooted in the technology of the internet itself;
  • Regard must be have for the ecosystem, particularly with regard to (i) the way law enforcement bodies work and (ii) the roles played by creators of the broadband internet infrastructure (here Richard drew an analogy with the role played by banks as conduits for money-laundering -- they had to be brought into the problem-solving process);
  • Due regard must be had for competing interests and values, such as privacy, access to information and freedom of expression;
  • It is unrealistic to talk of a 100% successful solution, and it is more important to identify a broadly workable one.
This sparked off a good deal of discussion from the large body of panellists, most notable of whom was Andrew P. Bridges (Winston & Strawn LLP).  Like Richard, Andrew also thinks in units of five.  He argued that the rule of law was based upon the pillars of consistency, universality, shared values, respect and fairness. Any solution to the problem of unrestricted copying of internet-accessed material which failed to meet those requirements was illegitimate and would be doomed to fail. 
Mr Justice Peter Charleton then reminded the session that, while much debate was centred on US law and practice, the European Union was also in existence -- with its own political and legal structures and its own debate.  He outlined the Advocate General's Opinion in the Court of Justice reference in Scarlet Extended (see note here), which appeared to favour the interests of anonymous internet users and internet service providers over copyright owners, and had some kind words for the approach at present adopted in the United Kingdom via the Digital Economy Act (on which see earlier IPKat post here).

IPKat team member Jeremy added a few words about Europe too. He mentioned the parallel existence of the European Court of Human Rights, which has recognised IP rights but has not asserted them ahead of rights of privacy or freedom of expression. He also explained how the Pirate Party now had two members of the European Parliament and that the debate over copyright on the internet was thus being engaged in a rather different manner from that of the United States. Finally he observed that, with the rise of the social media, many providers of user-generated internet content had something of a contradictory attitude towards copyright; they were happy to help themselves to the works of others, but expected their own photos, emails, tweets and other product to be safe from unauthorised use or distribution.

Ferrari Car Specipication


Option

    * Body Style: 2Dr Coupe
    * Engine: 8 Cyl - 4.3L
    * Transmission: Manual
    * Ext. Color: Bianco Avus
    * Int. Color: Black
    * Mileage: 5,600
    * MPG: 11 City / 16 Hwy
    * VIN #: ZFFKW66A890166758
    * Stock #: 166758

Installed Options

    * Rear Wheel Drive
    * Active Suspension System
    * 4-Wheel Disc Brakes
    * Power Steering
    * Aluminum Wheels
    * Tires - Front Performance
    * Tires - Rear Performance
    * Convertible Soft Top
    * Rear Spoiler
    * Hid Headlights
    * Heated Mirrors
    * Power Driver Mirror
    * Power Passenger Mirror
    * Heated Exterior Driver Mirror
    * Heated Exterior Passenger Mirror
    * Intermittent Wipers
    * Variable Speed Intermittent Wipers
    * Am/Fm Stereo
    * Cd Player
    * Mp3 Player
    * Auxiliary Audio Input
    * Premium Synthetic Seats
    * Adjustable Steering Wheel
    * Leather Wrapped Steering Wheel
    * Power Door Locks
    * Power Windows
    * Keyless Entry
    * Remote Trunk Release
    * Vehicle Anti-Theft System
    * Climate Control
    * A/C
    * Rear Defrost
    * Auxiliary Pwr Outlet
    * Passenger Vanity Mirror
    * Front Reading Lamps
    * 4-Wheel Abs
    * Locking Rear Differential
    * Traction Control
    * Electronic Stability Control
    * Passenger Air Bag On/Off Switch

Readmore

feature

Standard Equipment

    * Comfort
    * Luxury trim: alloy on shifter, suede on doors and suede on dashboard
    * Remote power locks
    * Electric soft convertible roof
    * Premium cloth upholstery
    * Racing driver seat and front passenger seat:
    * Suede-trimmed, steering wheel
    * Power steering
    * Ventilation system with micro filter
    * Fully-automatic climate control
    * Driver and passenger and passenger power, heated ,body-color door mirrors
    * Tinted glass on cabin
    * Power windows, express driver and passenger
    * Exterior
    * 7.5 alloy wheels 19, 10.0 alloy wheels 19
    * Body-color front and rear bumpers
    * Front summer 235 / 35 Z-rated tires, rear summer 285 / 35 Z-rated tires
    * Safety
    * ABS
    * Ventilated four-wheel disc brakes
    * Immobilizer
    * Rear mechanical limited-slip differential
    * Bi-Xenon headlights with projector beam lenses
    * Headlight control with dusk sensor
    * Anti-theft protection includes: interior monitoring and anti-lift
    * Two height-adjustable front head restraints
    * Front seat belts with pre-tensioners for driver and passenger
    * Intermittent windshield wipers
    * Headlight cleaners
    * Technical
    * Engine: 4.3L V-8 DOHC with variable valve timing and four valves per cylinder
    * Multi-point fuel injection
    * Premium unleaded fuel
    * Power(SAE): 510 hp @ 8,500 rpm; 347 ft lb of torque @ 5,250 rpm
    * Independent front and rear wishbone suspension with stabilizer bar and coil
       springs
    * Sport suspension
    * Driver selectable responsive suspensionfeatures: electronic-control
    * Transmission: manual sequential with automatic mode with column shifter
       includes gearchange paddles

Speck Technical Specifications

    * ENGINE
    * 4308 Cc 4.3 Liters V 8 Mid Engine With 92.0 Mm Bore, 81.0 Mm Stroke, 11.3 Compression Ratio, Double Overhead Cam, Variable Valve Timing/Camchaft, And 4 Valves Per Cylinder
    * ENGINE PERFORMANCE
    * Power: 380Kw, 510Hp Sae @ 8500 Rpm; 347 Ft Lb, 470Nm @ 5250 Rpm
      Fuel Economy Epa Highway (|/100Km): Na, Epa Highway (Mpg): Na, Epa City (|/100Km): Na, Epa City(Mpg): Na
    * TRANSMISSION
    * Rear-Wheel Drive
      Manual 6 Speed Transmission
    * SUSPENSION
    * Wishbone Front Suspension Independent With Stabilizer Bar And Coil Springs
    * WHEELS
    * Front And Rear Tires With 235 Mm Tire Width, 35% Tire Profile And Z Tire Rating
      Front And Rear Alloy Wheels With 12 Inch Rim Diameter And 7.5 Inch Rim Width
    * BRAKES
    * Front And Rear Tires With 4 Disc Brakes Including 4 Ventilated Discs
      4-Wheel Abs
    * STEERING
    * Steering Wheel Adjustment
      Power Steering
    * FUEL
    * Multi-Point Injection
      Premium Unleaded Fuel
      95 Liter 25.1 Gallon Auxiliary Fuel Tank
    * WEIGHTS
    * Weights: Curb Weight(Kg) 1440 And Curb Weight(Lbs) 3175
    * DIMENSIONS
    * External Dimensions: Overall Length (Mm/In): 4511/177.6, Overall Width (Mm/In): 1923/75.7, Overall Height (Mm/In): 1217/47.9, Wheelbase (Mm/In): 2601/102.4, Front Track (Mm/In): 1669/65.7, Rear Track (Mm/In): 1615/63.6, Curb To Curb Turning Circle (Mm/Ft): Na/Na

      Internal Dimensions: Front Headroom (Mm/In): Na/Na, Rear Headroom (Mm/In): Na/Na, Front Leg Room (Mm/In): Na/S, Rear Leg Room (Mm/In): Na/E, Front Shoulder Room (Mm/In): Na/Na, Rear Shoulder Room (Mm/In): Na/Na, Interior Volume (Liters/Cu Ft): Na/Na

      Cargo Capacity: All Seats In Place (Liters/Cu Ft): 249/8.8

Thursday, April 28, 2011

Over-intellectualisation of European trade mark law -- a fresh example

Tiddles wears the dunce's hat again after
forgetting how to spell "syntactically
" unusual juxtapositions" ...
At yesterday's plenary session of the Fordham Intellectual Property Conference, covering issues arising from European intellectual property law, this member of the IPKat team wailed long and loud about what he termed the "over-intellectualisation" of European trade mark law. The Kat has received numerous responses from those attending, ranging from warm support on the one side to a sniffy comment that no-one with academic credentials has any right to complain about something having intellectual content. In the later trade mark-related sessions which he attended in the afternoon, several speakers picked up the same theme: trade mark law in Europe had become almost unmanageably complex.

If readers want an example of the sort of thing the Kat finds unacceptable, here's a current one. He has just heard from the UK Intellectual Property Office that two new conjoined cases have been referred by the German Bundespatentgericht to the Court of Justice of the European Union (ECJ) for a preliminary ruling: Cases C-90/11 and C-91/11 Strigl and others. The question for the court is this:
"Is the ground for refusal under Article 3(1)(b) and/or (c) of the [trade mark harmonisation] directive [2008/95] also applicable to a word sign which consists of a descriptive word combination and a non-descriptive letter sequence, if the trade perceives the letter sequence as an abbreviation of the descriptive words because it reproduces their initial letters, and the trade mark as a whole can thus be construed as a combination of mutually explanatory descriptive indications or abbreviations?".
In case you are wondering, Articles 3(1)(b) and 3(1)(c) are not exactly rocket science. They provide that signs can't be registered as trade marks if they are devoid of distinctive character or consist exclusively of signs or indications "which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services". In other words, you can't have a trade mark for something that's not distinctive or if it is descriptive. In an ideal world, a court would be able to apply these provisions to the facts before it with the need to refer them to distant tribunal and add another two years to the length of the proceedings.

One can imagine situations in which the referred question will be answered "yes" and those in which it will be answered "no"; situations in which the "trade" is also a relevant consumer of goods and services for which registration is sought and those in which it isn't; situations in which the combination of the descriptive word combination and the non-descriptive letter sequence constitutes a syntactically unusual juxtaposition and is therefore registrable (as in Case C‑474/01 P Procter & Gamble v OHIM [2004] ECR I-5173, BABY-DRY) and those in which it is not. The court may also be asked to consider those cases in which the descriptive word combination precedes the non-descriptive letter sequence and vice versa, as well as those in which the descriptive word combination includes a numeral or a place name, and so on.

Any ruling from the court on the question referred in this case is not therefore the end of the question-and-answer process but a launchpad from which subsequent refining questions are fired at the court in the hope of rendering into a verbal format every conceivable combination of facts. This may be intellectually satisfying, but it is not easy for potential trade mark applicants to understand -- or for even well-trained and highly qualified trade mark practitioners to explain.

This particular reference addresses absolute bars to registrability, but the same phenomenon can be found, to a greater or lesser extent, across the whole range of trade mark law -- infringement, cancellation, revocation, comparison of marks, taking of unfair advantage without due cause, referential use, comparative advertising. According to one speaker yesterday (the Kat thinks it was OHIM's Paul Maier but is willing to be corrected) the ECJ has heard some 150 trade mark cases -- a remarkable number which represents around ten cases a year.

For the record, the UK Intellectual Property Office welcomes your opinion on this ECJ reference (if you have one). Just email policy@ipo.gsi.gov.uk before 6 May 2011.

How to be an intellectual here and here

Media Content: Senior Citizens Front and Centre?


It is always reassuring to know that the ravages of late middle age don't necessarily spell catastrophe. As an IP person, this is especially so when it comes to the ability of media companies to monetize their contents. Thus an article that appeared in The Economist in its April 9th issue caught my attention. Entitled "Peggy Sue got old: Viewers, listeners and readers are ageing fast. Oddly, media companies don't regard that as a catastrophe," I was reassured and read on.

The challenge for media companies is that the average age of consumers of traditional media -- newspapers, radio and television -- is rising even more quickly than the average of of the general population. In the U.S., the average age of viewers for all television networks except for Fox is over 50; in the UK over 40% of readers of the Daily Telegraph and Daily Express are over 65. Instead of waving the white flag in the face of looming octogenerianism of consumers of media, though, media companies have allegedly discovered the potential market of this population.

For example, the CD "Dreamboats and Petticoats", a collection of 1950s vintage UK and US artists, sold enough dics to rank as a double platinum (these are real CDs, since oldsters don't download music, it is claimed). And then there is Susan Boyle, the 50-year-old Scottish singer who recently burst on to the scene and whose album "The Gift" was the top-selling album of last year.

More generally, media companies have reoriented their view of the desired target audience from the traditional 18-49-year old cohort to include the over-50 crowd. For one thing, seniors are less fixed on brands than was once thought, so there is more potential return in targeting them. For another, to paraphrase the legendary U.S. bank robber Willie Sutton, seniors "are where the money is", especially given the ravages of the Great Recession on the employment of young adults.

The article also suggests that changing views of appropriate business models for the media business support increased interest in older consumers. In an advertsing-based model, eyeballs fitting a certain profile matter most. But with the increasing interest in subscription models, you need to hone in on consumers prepared to pay for content, especially of the online variety. While subscription-based distribution is not limited to older consumers (consider, e.g., the move by Hulu to sell subscriptions to viewers of all ages), it is presumed, I guess, that older consumers still remember paying for content and therefore are less likely to have become intractably wedded to free online sites. The name of the game is to get those older viewers to pay, before they too develop antipathy for subscription-fee contents.

All of these observations are interesting, but I have a lingering feeling that the recent discovery of the importance of older consumers is a bit overstated. As an anecdote, I recall the first time that I visited the Rock and Roll Hall of Fame in Cleveland (full disclosure--that is my ancestral home town). The two things that most struck me about the visit were the disproportionate number of visitors who were middle age or older, and the emphasis on rock and roll music from the 1950s and 1960s.

Perhaps the two factors go together, perhaps young adults are less likely to go to museums, perhaps the admission charge dissuaded some younger visitors. Whatever the reason, what is clear is that the Museum has been around since the 1990s and that it seems to me that it has catered to an older crowd from the beginning. What may be more true is not the fact that older consumers have suddenly been discovered but rather that media companies are doing a better job of tailoring their offerings to different age groups, from the younger to the older. As a consumer of media content, better targeting would seem to be a desirable result, whatever the age.

BONUS QUESTION: One final bonus point question: How many of you younger than 45-years of age knew the reference in the title of the article to "Peggy Sue got old" (without resort to Google)?

Fordham IP Conference 2011: part 4

After a panic-filled dash back to re-re-rewrite his paper tomorrow, IPKat team member Jeremy returned to the fray, coming in at the tail end of a fascinating session on initial interest confusion in trade mark law. The lively panel discussion, chaired by Professor Marshall Leaffer, turned on some of the most difficult areas: the nature and value of evidence of initial confusion, the extent -- if any -- to which proof of damage should be required, the degree of protection to which as-yet unused trade marks should be treated, the special position of initial interest confusion on the internet through the use of another's trade mark as a keyword. The IPKat looks very much forward to reading the earlier bits of this session when they're published.

With two brains working together,
Eric decided to tackle the deeper
meanings of EU TM law
This session led naturally to the final presentations of the day, by the Kat's old friend Trevor Cook (Bird & Bird) and Marshall Leaffer, when comparing the European and US approaches to protection of trade marks against dilution. Trevor expressed concern that, led by the Court of Justice of the European Union, Europe was making the law up as it went along. He echoed earlier anxieties concerning the over-intellectualisation of the formulation of trade mark concepts, as well as strong academic criticisms of the development of trade mark law, particularly where attempts have been made to claw back some of the arguably over-wide protection accorded to trade marks in some circumstances. The overlap of regular infringement and dilution is one such area of contention. Citing decisions such as L'Oréal v Bellure, Trevor observed that concepts like "unfair advantage" and "without due cause" -- which do exist in European statute law -- receive little attention, while terms that have no legal basis such as "parasitism and "riding on the coat-tails" do.

Marshall Leaffer then took the audience through some 9th Circuit dilution decisions, leading with Visa v JSL Corp 610 F3d 1088 (2010) which affirmed that dilution was a question of fact, not law, and that, where a strong mark such as VISA is at stake, summary judgment is highly appropriate.  Perhaps surprisingly the court accepted that establishing a likelihood of confusion didn't require a plaintiff to produce expert testimony or market surveys: the characteristics of the mark might be relied on by themselves. The parallel existence of the word "visa" as a regular noun with a dictionary meaning did not undermine the word's trade mark meaning: what was significant was the way it was used. Marshall also considered Levi Strauss v Abercrombie & Fitch and the degree of similarity which was needed in order to establish confusion.

Fordham IP Conference 2011: part 3

Following the two "meet the judges" sessions which concluded the morning programme, lunch was declared -- with David Kappos (US patent supremo and fellow blogger) as the guest speaker. David described patents as the premier currency of global trade; this currency must not be devalued by failure to keep it relevant. This meant cutting pendency times, reducing unnecessary duplication of office work and looking at the big picture rather than focusing on the minutiae [which, as Merpel sadly notes, is what many fine academics, practitioners, administrators and judges are paid to do].

David then reminded us of the need to take account of developing nations when considering substantive patent law. He gave Europe quite a pat on the back for its efforts in harmonising substantive patent law and confessed to a rapt audience that this really excited him. Refreshed by the gentle pitter-patter of raindrops to which many diners were treated in the Fordham atrium, but with the looming presence of Hugh Hansen making itself felt, David concluded with a message that we should all reach out, work together, rise to the challenge and generally feel good as we put the patent world to rights.

Following lunch, this Kat took himself off to the stream dealing with European trade marks and designs. First up was Annette Kur, an eminent scholar at the Max Planck Institute and a member of the team which authored the recent study on the European trade mark system for the European Commission. Annette explained the background to her study, which is now under consideration by the Commission (proposals, which may or not be based on the study, are expected this autumn or, more realistically, next spring). She also reminded us of the significance of the Community trade mark as a unitary right within the context of European borders and of the non-competitive relationship between OHIM and the national offices.Among the topics she fastened on was that of 'cluttering' of the register, something which many users of the system believe to exist but the existence of which is difficult to prove.

Annette was followed by Paul Maier (speaking for the second time today), who spoke on the problems raised by descriptive trade marks in a region which contains 23 official languages as well as many languages (Russian and Turkish among them) that are not official but are nonetheless spoken by many inhabitants of the region.  Paul reviewed the issue through the lens of the Matratzen litigation, concerning a word which was entirely descriptive of mattresses in German but was quite distinctive for mattresses in Spanish. The Court of Justice took a conservative line, affirming the distinction between the existence of a mark and its exercise: the mark should be registrable but purely descriptive uses would not infringe (Paul also mentioned the Omega 3 case). Paul felt that national offices should check descriptiveness in languages other than their own, to avoid the appearance that people are deliberately registering foreign descriptive words as trade marks.

Gordon Humphreys (OHIM Board of Appeal member) then spoke on registered Community designs. He reviewed four recent decisions: T-09/07 Metal Rappers, T-148/08 Instruments for Writing, T-153/08 Communications equipment and T-513/08 Ornamentation. These cases, the first and fourth of which are on appeal to the Court of Justice, were pretty depressing news for the audience.

The panel discussion focused first on the Max Planck study, which was by general assent well received and much appreciated. Enforcement within Europe, greater consistency as between and within offices and proof of acquired distinctiveness of non-traditional trade marks.

Fordham IP Conference 2011: part 2

The next segment of the Fordham programme was devoted to IP in Europe, staring with a presentation from Paul Maier (OHIM), who gave an up-to-the-minute account of the progress of trade mark grant and administration operations in his Office, magisterially dismissing Hugh Hansen's attempts to draw him into saying there was any competition between OHIM and trade mark-granting offices at national level.  Paul also vigorously asserted the need for trade mark examiners and Board of Appeal members to act within the framework of recognised legal guidelines when determining issues such as similarity of marks and likelihood of confusion, notwithstanding the opinion of certain fictional felines that those guidelines were hopelessly overintellectualised and were impossible to explain clearly to businessmen and law students.

Also speaking in this session -- and also taking advantage of the absence of European Commission heavyweights on the panel -- was Silke von Lewinski (Max Planck Institute for IP).  Mentioning the complexity of copyright as a subject, she articulated something which many of us had wondered, which was the observation that the Commission was perhaps less well-endowed with seasoned scholars of copyright law than it may have been in earlier times, and that could be argued that a measure of deep knowledge of the working of the subject might be viewed as an obstacle to progress rather than as a means of achieving it.

There being no patent people speaking, the task of reviewing patent law developments in the European Union was split between David Rosenberg (Glaxo SmithKline) and Tom Vinje (Clifford Chance). There was a consensus that the current failure to achieve a unitary patent litigation system was frustrating but that it was better to take longer and get a technically workable solution than jump ahead to a system which didn't work to optimum effect even if had the supreme advantage of being politically acceptable.

Following an unscheduled mid-session break, the speakers and panel covering IP issues in the US took the platform. The Kat, having been on the previous panel and then being serially detained by friends and questioners on his way to and from the coffee table, was delayed getting back to his coveted front-row seat. He did however have the joy of watching a thoroughly effective mini-movie, shown by John Morton (Director, Immigration and Customs Enforcement), on the all-too-rarely-perceived link in the minds of the US public between illegal copying and the loss of jobs among those working in the legitimate copyright-driven sectors.

This session led to a discussion of Google Book, the legitimacy of the project, whether it was good or bad, whether it was even capable of being stopped and whether anyone else was capable of competing against it. The question was also asked whether legislation, not settlement-plus-litigation, was the better way of sorting out conflicting claims of stakeholders. Panellist Paul Michel observed that there was a Congressional bottleneck here, while Professor Arti K. Rai characterised the ailment as Congressional incompetence.

Fordham IP Conference 2011: part 1

This is the first of a number of posts on this year's Fordham IP conference, which was opened as ever by Professor Hugh C. Hansen.

Antony Taubman (head of Global IP Issues, WTO) spoke first, asking what the trade-related aspects of TRIPS actually are. Tony reassured us all that TRIPS, post-Doha, was alive and well. Topics under the TRIPS microscope include the iPod economy and the iTunes economy, as well as the dispersion of chains of product creation, manufacture and distribution -- and even a spot of dispute resolution.

Tony was followed, almost as soon as he had started, by James Pooley (WIPO Deputy DG for patents), who affirmed that IP was just one of a number of trade issues, which meant that we have to speak to non-IP people too in order to identify and resolve modern trade issues. James explained some of the dynamics of multilateral and plurilateral discussions, and the problem of "lost voices" among players who have no opportunity to be heard. James contrasted the way negotiations on ACTA were conducted with the highly open operations of the IP Five, who now have their own website.

Stanford McCoy (Assistant US Trade Represenative for IP and Innovation) then reviewed regional, pluri-, multi- and bilateral IP talks from a national government's point of view. These options are not exclusive, he observed, and are all responses to questions raised.  Stanford praised ACTA for the very open manner in which it produced so many texts in such a short time, though this Kat can't recall hearing him make mention of the word "leaks" -- the means by which he, Merpel and their many friends discovered what was actually happening. In a beautiful metaphor, Stanford also described ACTA as a tree on which IP owners could hang their anxieties.

These speakers then gave way to the panellists, starting  with Mihaly Ficsor. Hugh Hansen asked if individuals can ever make a difference to IP policy any more. Mihaly said "yes", he had made an individual contribution, and so did Francis Gurry -- as his speech on the Future of Copyright showed (see here for the Gurry/WIPO position on copyright).

Amidst much talk of the need for flexibility, leaving doors open, the need for watchfulness and similarly grand propositions, the session came to a close.

Similar Anwar Ibrahim Sex Video on Youtube

Sex Video Similar Anwar Ibrahim II on Youtube Post People Suspected In Indonesia


Kuala Lumpur - Malaysian police to investigate slow sex video by a number of people mentioned 'played' by Anwar Ibrahim. Continued cuts sex video posted on YouTube on Wednesday (27 / 4) yesterday.

Malaysian daily, The Star, Thursday edition (4/28/2011) reported, the clip titled "Papa Nurul Izzah Part II" posted around 17.30 hours by someone with the name 'wakparjosudorno'. The clip shows a naked woman who walked into the bathroom and a naked man who was wearing clothes.

Based on the profile details of people who post the clip, it seems people penggunggah Indonesia, but not known from where it is posted.

Believed that the clip is the end of the 22 minute sex video on display at the journalists on 21 March.

On 4 April 2011, the first clip piece has appeared on Youtube and show the same man wearing a towel, which embraced a woman who was also wearing a towel.

Sex video clip has been removed from YouTube because it contains pornographic content. However, the clip can be found in a number of blogs. Until now, the Malaysian police have not arrested anyone related to the spread of video discrediting opposition leader Anwar Ibrahim, including a trio Datuk T apparently claimed responsibility.

See Her Videos Here

Tuesday, April 26, 2011

On blogs and blogging

Merpel just loves this idea!
IPKat team member Jeremy will be a bit scarce for another week or so, there being the serious matter of this year's trip to New York and back for the Fordham Intellectual Property Conference. Accordingly, he thought the time might be ripe to report on some of the blogs to which members of the IPKat team contribute in one way or another.  In no particular order there are
Art & Artifice, a weblog that focuses on not just intellectual property but all areas in which art meets the law. This is a newish blog, born in January of this year (http://aandalawblog.blogspot.com
The 1709 Blog caters for the copyright enthusiast. Its team of six, drawn from a variety of backgrounds and interests, seeks to address all aspects of copyright law and practice (http://the1709blog.blogspot.com
The SPC Blog is a handy information source for anyone who is involved in the tiny but invaluable world of supplementary protection certificates for pharmaceutical and agrichemical patents. This blog holds an annual seminar, which is free, for anyone who wants to attend (http://thespcblog.blogspot.com
PatLit tackles a wide range of patent dispute resolution topics, not just from the UK but from wherever interesting news and comments emerge. It hosts the PCC Pages series of posts on how the Patents County Court, England and Wales, can deliver cheaper patent litigation (http://patlit.blogspot.com
IP Finance touches that delicate interface between intellectual property and the world of finance, addressing securitisation, valuation, royalty rates, assessment of damages, the death of old business plans and the evolution of new ones (http://ipfinance.blogspot.com
Class 46, founded by friends of MARQUES and driven by a 15-strong team, this blog delivers trade mark and brand-related news and developments from across Europe. Class 46 is now hosted by MARQUES (http://www.marques.org/class46/
Class 99 is dedicated to design law and practice in the UK, in Europe and beyond. It is written by a team of acknowledged experts in the field (http://class-99.blogspot.com/
Two regional weblogs also cover IP activity. Afro-IP (http://afro-ip.blogspot.com) deals with the IP scene in Africa, while IP Tango (http://iptango.blogspot.com) does the same for Latin America. 
The Journal of Intellectual Property Law and Practice, published by Oxford University Press and edited by IPKat team member Jeremy, has both an official website and its own blog, jiplp (http://jiplp.blogspot.com), which posts some of the journal's content along with related news and features.
The IPKat is of course always interested to hear about other IP weblogs and to spread the word to other readers, via his regular Monday, Wednesday and Friday round-up features. If you know of a newly-launched IP blog, or if an existing blog has just undergone a major change, do please email the IPKat here and let him know.

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Tuesday tiddleywinks

The IPKat's creative and imaginative friends at Anti Copying in Design (ACID) are full of surprises.  One such surprise -- designed to brighten up today's World Intellectual Property Day celebrations -- is the launch of IP Tracker, which the organisation describes as "a simple, cost effective digital method of tracking delivery of IP led and confidential information".  ACID explains further:
"It is a natural electronic addition to the already successful ACID Design Data Bank which holds over 350,000 copies of unregistered designs. All too often, design ideas and new product designs are stolen at the vulnerable stage of sending them to third parties. The IP Tracker, reinforced by the powerful ACID brand, will be an additional tool of self help ensuring a further layer of IP awareness. ing receipted evidence of sending reverses the burden of proof and makes it easier to take action.”

The Copyright Clearance Center has been busy again. Its latest production number is a fresh “Beyond the Book” podcast in which CCC’s Chris Kenneally interviews Christoph Brem (Attributor), Devereux Chatillon and Brian O’Leary (Megellan Media Partners) about protecting copyright in the digital age at the Publishing Business Conference & Expo. Brem discusses the ecosystem of copyright infringers and how to track and understand how the pirated information is being used. O’Leary finds that piracy can be a great marketing mechanism, with books that were pirated showing greater sales. Chatillon then ties in aspects of both Brem and O’Leary’s conversation in relation to the production of Harry Potter’s 7th book. The discussion ends with discussing how the lack of knowledge and understanding of the changes made in copyright have made it harder to solve problems. Podcast here; transcript here


Turkish IP Delight.  The Boğaziçi University, in cooperation with the Turkish Patent Institute,  recently held an international conference on Managing Intellectual Property in Universities.  From this link to the conference's website it should be possible to access the presentations of the panelists.  Thank you, Mehmet Artemel, for providing this information.


Following his recent pensées ("Two Riffs on Sublicensing", here), our transaction-oriented Kat Neil thanks readers for all their interest in his work-in-progress PowerPoint on sublicensing. He adds:
"In truth, these materials have laid fallow for the last year or so. All of your comments are most welcome with the hope that we can collectively improve the awareness among our colleagues of this neglected topic".

Pop the champagne: today is World IP Day

In case you wonder why the masses are dancing in the street: today is World Intellectual Property day! This being the age of social media, there is of course also a World IP day Facebook page.

The moto of this year's celebrations is "designing the future", hoping to raise awareness that besides patents, trademark and copyright, there is that other intellectual property right, the registered design. The UK IPO celebrates the day with a special website.

The Nigerian IPO, on the other hand, submitted a poster to WIPO (depicted), but still does not have a website. Other examples of publicity material from various countries can be found on WIPO's website and provide an interesting glimpse into different cultures. Contrast Kenya's entry from 2002 with Korea 2006, and you get an impression of what I mean. Kenya's Intellectual Property Office, btw, officially has a website, but it seems unavailable. No points for guessing that the website of South Korea's IPO is not only up and running, but looking very professional and automatically redirecting users with English set as default browser language to the English language version of the page.