General Global Week in Review 29 November 2010 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

Highlights this week included:

China launches 10-year national patent development strategy (IP Dragon)

European Parliament passes Pro-ACTA resolution (Michael Geist) (Out-Law)

Europe burns with impatience, while heat is turned up on Pizza – EU patent without Italy? (IPKat)

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.


Global – General

WIPO works on its development agenda implementation this week (IP Watch) (IP Watch)

Friction arises over WIPO Development Agenda Coordination (IP Watch)

Frugal Innovation: Two titillating tales (IP finance)

KEI statement to Committee on Development and Intellectual Property on WIPO project on IP and Competition Policy (Knowledge Ecology International)

Global – Trade Marks / Brands

In Honour of the great Bruce Lee 李小龍: Fight for trademark protection in China and U.S. (IP Dragon)

Brand valuation ISO (IP finance)

Global – Patents

USPTO and EPO working towards joint patent classification system (inovia)

Business can’t hide from false patent marking lawsuits: Here’s how to predict if you might be sued (IP Asset Maximizer Blog)

Global – Copyright

Study of public domain, copyright at WIPO offers recommendations (IP Watch)

Music: Sounding out the future, International Copyright Forum (WIPO)


Interim relief in Argentina: a useful summary (PatLit)


Iowa Lottery – Business method patents before the Commissioner (ipwars)


WIPO Director General visits Beijing, addresses International Copyright Forum (WIPO)


CDIP6: Bolivia’s intervention on WIPO’s proposed project on ‘Open Collaborative Projects and IP-Based Models’ (Knowledge Ecology International)


Time for a coffee? The next Brazilian DO (IP tango)

England finds its way in Brazil: Closer ties – INPI UKIPO Collaborative Agreements Workshop (IP tango)


Katz submission to the Copyright Board on Access Copyright (Michael Geist)

Canada’s clean energy strategy (IPblog)

Access Copyright – Responding to Copyright Board by November 23, 2010 (Excess Copyright)


China launches 10-year national patent development strategy (IP Dragon)

Newly issued foreign-related civil relations application law clarifies IPR rules (China Law Blog)

Pirates beware! Gearing up for the China IP enforcement lecture comments (China Hearsay)

How to define the region where the protection is sought? (China Law Blog)

Copied gun manufacturer starts campaign against manufacturers of copied guns – MadBull launches ‘Operation Copycat’ (IP Dragon)

China Outsourcing 101: Five basics for reducing risk (China Law Blog)


Coffee branding in Ethiopia: PIIPA restates the position (Afro-IP)


Europe burns with impatience, while heat is turned up on Pizza – EU patent without Italy? (IPKat)

European Parliament passes Pro-ACTA resolution (Michael Geist) (Out-Law)

10 million Euro claim by Lambretta against Scooters India (Spicy IP)

Administration and budgets: there’s more to Alicante than just the beach! (Class 46)

Adoption of a draft EU-Switzerland bilateral agreement for the protection of their respective GIs for agricultural products and foodstuffs (Class 46)

Changes in requirements at the EPO (IPBiz)

Solvay cross-border injunction dispute heads for Court of Justice ruling – Solvay v Honeywell Fluorine Products Europe (PatLit)

CJEU offers more guidance on comparative advertising – C-159/09 Lidl SNC v Vierzon Distribution SA (Class 46)

Bottle shock: Artesa Napa Valley v. Arteso – General Court confirms likelihood of confusion (Class 46) (Class 46)

Gotha… no Gotcha! – General Court finds no likelihood of confusion: Vidieffe v OHMI – Ellis International Group (Class 46)


Ziehmaschinenzugeinheit II – stagnation of prior art and obviousness (EPLAW)

Protection of technical products after expiration of the patent – I ZR 145/08 (Kluwer Patent Blog)

DPMA: Annual Report 2009 – English Version (Class 46)


Estee Lauder loses trademark case against Gufic Biosciences in the Supreme Court (Spicy IP)

Parliamentary Standing Committee tables report on ‘Copyright Amendment Bill 2010’: Lyricists and composers win the battle! (Spicy IP)

Certifications galore: Super Casette Industries vs Board of Film Certification (Spicy IP)

To amend your copyright claim, better hurry lest you miss the game: Delhi High Court rejects Application for Amendment of Plaint (Spicy IP)

A ‘special’ copyright victory for the disabled (Spicy IP)

New draft Patent Agent Manual released (Generic Pharmaceuticals and IP)


The hunt for a new Israel Commissioner of Patents is on! (IP Factor)

Trademark request for ‘Quality Management’ rejected as being laudatory (IP Factor)

Fast Israel Patent Office search reports available for priority applications (IP Factor)


Preliminary technical assessment in Italian patent cases (Kluwer Patent Blog)

Trademark battle prevails over political debate? People of Freedom – known as PDL (Popolo della Libertà) – symbol (Class 46)


Kenya’s Anti-counterfeit Agency comes out with blazing guns (Afro-IP)


District Court of The Hague – Tédé v. Tetra – seizure of evidence (EPLAW)


Nice bottle, but no protection (Class 46)


Genuine use and formal protection for trademark KURIER Iławski TYGODNIK POWIATU IŁAWSKIEGO (Class 46)

PPO’s Annual Report 2009 – English Version (Class 46)

Saint Vincent and the Grenadines

St Vincent and the Grenadines deposits instrument of accession to WIPO Performances and Phonograms Treaty (1709 Blog)

South Africa

RSA’s SCA on cloning and counterfeiting – latest case – Puma v Rampar Trading (Afro-IP)

CIPRO’s Trade Mark Division – the inside track (Afro-IP)


Term for amendments during patent registration process (PatLit)

Mystery traffic device design case: can anyone help? (Class 99)


Taiwan makes priority claims in other countries possible in the Patent, Trademark and Plant Variety and Plant Seed Acts (IP Dragon)

United Kingdom

The pressure’s off: KCI v Smith & Nephew in the Court of Appeal (IPKat)

The PCC Page no.7: Cautious first steps – getting underway (PatLit)

Shall we cap damages in PCC litigation (SoloIP)

The Royal Wedding and IP: warm up that telly, brand owners told (IPKat) (IPKat)

The British Library releases 3 million bibliographic records into the public domain using CC0 (Plagiarism Today)

IPEC seminar: a report (IPKat)

Lord of the Flies buttons down ill-drafted statute provision – EWCA (Civ) rules in employee inventor case Shanks v Unilever (IPKat)

Joint ownership of a trade mark: The tribulations of termination (IPKat) (Property, intangible)

United States

US Patents

USPTO releases 2010 Performance and Accountability Report (Patent Docs)

Expansion of the USPTO’s Green Technology Pilot (Director’s Forum)

Pre-Appeal Brief Conferences (Inventive Step)

How long does patent and trademark prosecution take? (2010 update) (IP Spotlight)

Cross-border inventors (Patently-O) (

False marking cases in Marshall – Routine cases and wrinkles (

US Patents – Decisions

Federal Circuit rejects A123 bid to head back to Boston: A123 Systems Inc. (A123) v. Hydro-Quebec (Green Patent Blog) (Patent Prospector)

District Court Colombia: Stryker’s challenge of USPTO ruling in bone screw interference struck down: Stryker Spine v Biedermann Motech (Patent Docs)

District Court S D Florida: Intent to deceive element of false marking claim cannot be inferred from failure to pay maintenance fees and later revision of product packaging: Herengracht Group LLC v. Intelligent Products Inc. et al. (Docket Report)

District Court W D Pennsylvania: Intent to deceive element of false marking claim cannot be inferred from length of time since patent expired: United States of America, et. al. v. William Bounds, Ltd (Docket Report)

District Court N D Illinois: False patent marking plaintiff must meet rule 9(b) pleading for intent: Simonian v. Edgecraft Corp (Chicago IP Litigation Blog)

US Patents – Lawsuits and strategic steps

Chrysler Group – Commission declines to review ID terminating investigation based on consent order in Certain Automotive Vehicles and Designs Thereof (ITC 337 Update)

Farouk System – ALJ Charneski issues public version of initial determination in Certain Hair Irons (337-TA-637) (ITC Law Blog)

Interactive Life Forms – Complainant moves to terminate TEG and Spencer Gifts from investigation based on consent order in Certain Devices Having Elastomeric Gel and Components Thereof (ITC 337 Update)

Knowles Electronics – ALJ Rogers issues initial determination in Certain Silicon Microphone Packages (337-TA-695) (ITC Law Blog)

Mextec – ALJ Essex Issues Initial Determination Terminating MIPO America Based On Settlement Agreement In the Matter of Certain Inkjet Ink Supplies and Components Thereof (ITC 337 Update)

Ohio Willow Wood – Defendant’s settlement agreements in cases involving similar patents are not discoverable: ALPS South, LLC v. The Ohio Willow Wood Co. (Docket Report)

Trading Tech’s – Answer and counterclaims struck sua sponte: Trading Techs. Int’l., Inc. v. CQG, Inc (Chicago IP Litigation)

Wham-O – Defendant raises constitutional challenge to false marking statute before Federal Circuit: FLFMC v. Wham-O (Gray on Claims)

US Copyright – Lawsuits and strategic steps

Costco -: Parallel importation and its implications; copyright misuse –Costco v. Omega (Patent Baristas) (The IP Policy Blog)

Ray Charles’ Estate sues his son for publishing photo (Plagiarism Today)

US Trademarks

Erik Pelton’s summary of this week’s TPAC public meeting (TTABlog)

US Trade Marks – Decisions

Test your TTAB judge-ability: Why are ECSTA LX PLATINUM and PLATINUM not confusingly similar for tires? (TTABlog)

District Court C D California: Consumer lacks standing to assert false advertising claim against manufacturer: Peviani v. Hostess Brands, Inc. (Seattle Trademark Lawyer)

District Court E D Virginia: A routine trademark ownership dispute: US Gates Int’l, LLC v Light Star Travel Agency, Inc. (Property, intangible)

Applicant’s bad faith a factor in TTAB’s sustaining AFROS TO SHELLTOES 2(d) opposition: Carr v. Garnes (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Atlanta National League Baseball – Five MLB teams oppose the mark ‘B.’ for children’s books: Atlanta National League Baseball Club, et. al. v. Battat Incorporated (TTABlog)

Preferred Nutrition – Western District denies injunction against Canadian supplement seller: Preferred Nutrition, Inc. v. Vanderhaeghe (Seattle Trademark Lawyer)

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