By Anne Croft
, Graham Rowlands-Hempel
Do you know what RTI is? It stands for Real Time Information. If you are none the wiser, you are probably not alone. Many companies are only just beginning to realise what a huge change it will be.
By Graham Rowlands-Hempel
, Gillian Chapman
The Office of Tax Simplification today published a review of HMRC approved plans together with its recommendations. The purpose of the review was to identify and make recommendations to remove complexity.
A recent decision of the Patents Court highlights what appears to be an important gap between European Patent Office (EPO) jurisprudence on second medical use and the approach of the English courts.
By Steven Turnbull
, Lucy Fergusson
The Final Report by Professor Paul Davies QC on "Issuer liability for misstatements to the market", following up the March 2007 Discussion Paper, was published on Monday 4 June 2007.
On 14 September, Advocate General Léger opined that a transparent bin, as used in a Dyson vacuum cleaner, is not a trade mark. He said Dyson was trying to protect a concept and a concept cannot be a trade mark.
In EUROPOLIS (Case C-108/05) the European Court of Justice gave a preliminary ruling (7 September) on the territory in which it is proper to assess the three absolute grounds for refusal or for invalidity of a trade mark registration which can be overcome by the acquisition of distinctive character through use (Article 3(1) and 3(3) Trade Marks Directive 89/104/EEC).
On 13 July, the English High Court referred to the European Court of Justice questions on the mutual recognition procedure on marketing authorisation for medicinal products (designed to facilitate a single European market in medicinal products).
After months of discussions, the French Copyright Act was finally enacted on 1 August. The so-called DADVSI Act is 52 sections long and divided into 5 parts. Its main purpose is to implement the Directive on Copyright and Related Rights in the Information Society (2001/29).
A German publisher has failed in its first attempt to stop Google scanning its books and publishing excerpts from them on the internet.
On 26 September, the Patent Office launched a consultation on the introduction of representative actions for the enforcement of intellectual property rights.
New Registered Design Rules will come into force on 1 October. The Registered Designs Rules 2006 (SI 2006/1975) revoke the 1995 Rules and the instruments amending them.
In February, the Trade Marks Registry published a consultation paper on how it should deal with relative grounds for refusal under s.5 of the Trade Marks Act 1994. Members of the profession and the public were given an opportunity to respond to the consultation in May. The Registry has now published its response to the comments it received.
A recent case has shown the way for copyright owners who find their works being infringed on the internet. In Helen Grant v Google UK (17 May), the High Court ordered the internet search engine Google to assist a potential copyright infringement case by disclosing the identity of one of its advertisers.
The Federal Patent Court decided in a recently published decision that the designation “Der kleine Eisbär” (“The little Polar Bear”) is registrable as a word mark for “recorded data carriers, exposed films and printed matters”. Der kleine Eisbär is a cartoon character which is very popular, especially among children, in Germany.
On 30 August, the 1996 WIPO Copyright Treaty (WCT) and the 1996 WIPO Performances and Phonograms Treaty (WPPT) came into force in Belgium.