Tuesday twiglets

It's not often that an intellectual property blog finds itself in the thick of litigation, but that's just what has happened to the quiet, inoffensive Afro-IP weblog. SAMRO (the Southern African Music Rights Organisation) is bringing proceedings for defamation against the respected South African copyright expert Graeme Gilfillan in what has now become known as the Brenda Fassie affair (you can read all the details of the dispute if you read this item on Afro-IP and follow the various links). The allegedly defamatory words were circulated through Afro-IP's increasingly popular Google Group. Afro-IP will of course keep readers informed of subsequent developments.


The ever-vigilant Hugo Cox has spotted that the European Court of Human Rights is launching a new website to commemorate its 50th anniversary. The ECHR, better known for the endless stream of cases brought against East European governments by suffering humans, is also the tribunal that determined that the human rights of Anheuser-Busch Inc were not trampled on by Portugal when it magicked away one of that company's trade mark applications (see earlier post here). Merpel hopes the new website proves more user-friendly than the old one.

Also via Hugo Cox comes this helpful link to both the original Swedish text of The Pirate Bay judgment (it's 108 pages long) together with a surprisingly intelligible translation into English via Google. The same link takes readers to a piece by Carl Howe, "Pirate Bay versus the media business: both lost today", which is worth a second glance. NOTE: the original link is correct, but doesn't seem to work for a lot of people. If you have problems with it, go to Yankee Groups and scroll through the April 2oo9 posts to access it.

With the World Intellectual Property Organization's World Intellectual Property Day almost upon us, the IPKat has been well and truly chided (chidden? chid? chod?) by Mary Wyburn for neglecting to mention that Thursday 23 April happens to be World Book and Copyright Day, under the auspices of WIPO's troublesome wayward sister UNESCO. Mary assures us that she is not personally responsible for this event: she just happened to spot it [but where, Mary, have you been surfing, Merpel demands to know ..?].

If you like answering questions anonymously and don't have an iPod, this is for you. IP Review magazine is conducting a "state of the industry" survey. Says editor Emma Jones: "A growing awareness of the importance of intellectual property rights to business success has led to unprecedented growth and transformation in the IP sector in the past two decades, but where does the industry go now? In the current financial climate, IP professionals are coming under increasing pressure to reduce their management spend, while generating increased profits from their existing assets, but how are they meeting this challenge? IP Review’s anonymous state of the industry survey would like to track your views on the sector and its future, and your own management approach to IP and associated IP Rights. To take part, visit this site by 8 May 2009 and you will also be entered into our free prize draw to win an iPod Touch 8B and music surround system". Results will be released at this year’s INTA conference in Seattle and available here from 16 May.

Tuesday twiglets

World Intellectual Property Day approaches (see earlier IPKat post here), but there is still a paucity of organised activity in many respectable jurisdictions -- including the UK. The WIPO website lists the events taking place in just 29 countries, which suggests either that the global recession is really depressing the IP community or that we're all suffering from a rampant attack of apathy.  Come on, roar the Kats, there's still time to organise a party!

Thanks, Hugo Cox, for drawing the IPKat's attention to this action before the little-known EFTA Court in Case E-1/09 EFTA Surveillance Authority v Principality of Liechtenstein, brought on 3 February 2009. The Surveillance Authority seeks a declaration that

"By requiring a residence, wherefrom he is able to fulfil his tasks effectively and on a regular basis, for lawyers, patent lawyers, auditors and trustees the Principality of Liechtenstein has failed to fulfil its obligations under the EEA Agreement, in particular Article 31 thereof".

The Kats will be watching this one carefully, though they doubt that the outcome will determine whether it triggers a continental drift of itinerant patent lawyers.

Right: in the light of global warming and the recession, the planned new building for the EFTA Court has been scaled down a little

Here's a reminder to entrants to the MARQUES trade mark essay competition for 2009: the deadline for submissions is 15 June, which is only a couple of months away.  There's a decent prize, the chance of a little fame/notoriety and even a day at the seaside awaiting the winner.  So get writing!

The controversial decision for a Directive to extend to 95 years the copyright term in certain works in Europe is a matter of great interest to the IPKat, who has heard from a reliable source that  (i) The plenary (first reading) vote in the European Parliament, scheduled for 23 March, was postponed and no new date has been fixed: it may still be the week beginning 21 April, or in the last plenary session in May, or not at all; (ii) In the Council of Ministers, a blocking minority of countries led by the Scandinavians prevented agreement on a compromise text (70 years) proposed by the Czech presidency (Committee of permanent representatives (COREPER), March 27).  As things stand, there appears to be no 'qualifying majority' of EU countries in favour of term extension even if the UK is counted as a "For"; (iii) Sweden has been tasked with finding a position that can be agreed during the next presidency; (iv) behind the scenes, enormous pressure is being exercised by the Commission to 'turn' some of the blocking countries. The IPKat hears that "the copyright unit of the Commission will not come out of this unscathed".

A reader asks the Kats: "Are you aware of any good studies or articles on Art 6ter Paris Convention protection (hallmarks, flags, emblems etc) ? The reason I ask is that one of my roles is attending the WIPO SCT every 6 months and it looks as though 6ter may become a focus. Some countries think it is being abused and others think the scope of protection isn't broad enough".  The reader would appreciate analyses that discuss the original aims and intentions of Art 6ter.  If you've any recommendations, can you please post them as Comments below?

Left: this sign is registered with WIPO under Art 6 ter. Do you recognise it?


The IPKat's antipodean informant Elena Szentivanyi (Henry Hughes) tells him that New Zealand's Trade Marks Act 2002 is being amended to 

• join the Nice Agreement, the Singapore Treaty, and the Madrid Protocol;
• bolster the enforcement of the criminal offence provisions in respect of counterfeit goods;
• clarify the law relating to trade mark infringement by parallel imported goods;
• remove the ability to register voluntarily licensees against trade marks (see summary here). 

Right: New Zealand Cat Fancy

The Trade Marks (International Treaties and Enforcement) Amendment Bill received its first reading in Parliament on 7 April 2009 and was referred to the Foreign Affairs, Defence and Trade Select Committee - see here and here. No date for submissions has yet been set but there is likely to be a 4-6 week period for any public submissions. Elena has promised to keep the Kat updated.