General Global Week in Review 18 July 2011 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:

WIPO ventures into global debate on climate change (IP Watch) (WIPO)

Does introduction of a utility model protection regime make sense in India? (IP Watch)

Unitary patents: how Spain takes on the rest of Europe: Kingdom of Spain v Council of the European Union (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

The difference between a strategy, a plan, and a process (IP Think Tank)

Those scams again: latest news (IPKat) (Class 46)

WIPO ventures into global debate on climate change (IP Watch) (WIPO)


Global – Trade Marks / Brands

Reputation – the most important intangible asset there is (IAM)

The CFO: Your trade mark window to the company (IPKat)


Global – Copyright

Disagreement persists as WIPO negotiations for an accessibility treaty move forward (IP Osgoode)



Osgoode to collaborate in Africa’s new Open African Innovation Research and Training project (Open AIR) (IP Osgoode)



IP Australia Director General ‘talks up’ economic recovery (Patentology)

Philip Morris lawsuit alleges Australian anti-tobacco legislation violates trade-mark rights (IP Osgoode)

Tobacco Plain Packaging Bill 2011 (ipwars)

Still a wrap! Kimberly-Clark fails to show infringement on appeal: Kimberly-Clark Australia Pty Ltd v Multigate Medical Products Pty Ltd (Patentology)

Australia and New Zealand to cooperate to deliver simplified patent filing and examination process (IPKat)



The great number 10 – Jalapão will become the 10th GI granted to a national product in Brazil (IPtango)

Yee-haa! 4th Chamber of Superior Court of Justice decides on royalties collection for public performance of music in rodeo (IP tango)



What is ‘use’ of a mark? TSA Stores Inc. v. Registrar of Trade-marks (IPblog)

$45 per student in Canada v. $3.75 per student in the USA? Why? (Excess Copyright)

The ABC Copyright Conference – Access Copyright, fair dealing, the interim tariff, and beyond (Excess Copyright)

Queen’s, Calgary latest to drop Access Copyright licence (Michael Geist)

University of Waterloo latest to drop Access Copyright (Michael Geist)



Recognising IP in the countryside (IP tango)

Chile accedes to Budapest Treaty (Inovia)



Chinese IP news – SIPO releases 5 year plan for patent examination, and more (inovia)

How strategically important is IP for China? (IP finance)



Cognac comes of best in spirited attack on Finns: Joined cases C-4/10 and C-27/10 Bureau national interprofessionel du Cognac v Gust. Ranin Oy (IPKat)

The trigonometry of trade mark law: Sign, Kosan and Tangent: C-46/10 Viking Gas A/S v Kosan Gas A/S (IPKat)

General Court finds no likelihood of confusion between figurative marks TOP CRAFT and KRAFFT for partially similar goods (Class 46)

European Commission’s proposal for a Council decision on ACTA (IPR Helpdesk)

EU Commission reports on IPR-infringing goods detained by Customs (IP Watch)

European Commission seeks views on pan-EU licensing system (Out-Law)

GI implementation rules amended (Class 46)

TRUE WHITE: Cree’s action blown in General Court (Class 46)



Enabling disclosure – A new rule of reason for patentability? (Kluwer Patent Blog)


Hong Kong

When you give this horse wings it’s still brand dilution (IP Dragon)



Does introduction of a utility model protection regime make sense in India? (IP Watch)

Forum blasting at the IPO: Kurian’s parting blast? (Spicy IP)

Does Section 62 of the Copyright Act, 1957 apply to foreign copyright owners? (Spicy IP)

Supreme Court refuses to stay the judgment restraining Hilton from threatening Hilltone (Spicy IP)

SpicyIP in Managing Intellectual Property’s Top 50 shaping the future of IP (Spicy IP)



Monkey see, monkey do, monkey get copyright, too? (1709 Blog)



Counterfeit Tommy Hilfiger clothing seized by Israel police (IP Factor)



Oppositions in Italy: new system now in place (Class 46)



Japanese practice changes – July 2011(Class 99)



IP tax at 2.5% (IP finance)



Mexican Senate rejects ACTA (IP tango)

Mexican trade mark amendment speeds applications with Paris priority (IP tango)



District Court of The Hague: EP not a unitary right but a group of essentially independent patents: Toll Collect v. Papst Licensing (EPLAW)



Sometimes it’s all about the signature (Class 46)

There are no precedents but suggestions are advisable (Class 46)



Support for Creative Commons grows in Russia (Creative Commons)



Unitary patents: how Spain takes on the rest of Europe: Kingdom of Spain v Council of the European Union (IPKat)


South Africa

Misuse of personality rights in an advert: Kumalo v Cycle Lab (Afro-IP)


South Korea

Korea adopts ‘European-style’ background art disclosure rules (Patentology)



Nespresso vs. Denner coffee capsule fight still brewing (Class 46)


United Kingdom

House of Commons debate on intellectual property and the Hargreaves Review (IPKat)

‘Do we come to bury copyright – or to praise it?’ Debate report (1709 Blog) (IPKat)

Unwarranted threats to sue for copyright infringement (1709 Copyright Blog)

PCC Page 33: Octopus dress and address: Cautious Co v. IPOff Ltd (PatLit)

UK investment in IP-protected assets reached £65bn by 2008, research finds (


United States

US Patent Reform

USPTO prepares for Patent Reform (Patents Post Grant Blog)

Patent reform awaits Senate compromise on debt ceiling (Patents Post Grant Blog)

America Invents Act: Qui tam provision and virtual patent marking (Maier & Maier)

Interview with Chief Judge Paul R. Michel on US patent reform (IP Watch)

Judge Michel on patent reform (Inventive Step)

Patent reform news briefs (Patent Docs)

The patent reform we really need (IP Directions)


US Patents

PTO numbers after 3rd quarter of FY2011 (Inventive Step)

Nordic Patent Office and USPTO: the latest pilot project under Patent Prosecution Highway (IPR Helpdesk)

First Office Action backlog dips below 700,000 (Director’s Forum)

The future of expectancy interests in patent rights (Patently-O)

Pendency of inter partes patent reexamination (Patents Post Grant Blog)

Design patents – overview of the application process in the United States (IP Spotlight)

USPTO and non-profit introduce pro bono inventor assistance (Maier & Maier)

KEI, MSF, Oxfam and PC provide continued comments on USPTO humanitarian priority review voucher proposal (KEI)

US reissue procedure can fix failure to include dependent patent claims – In re Tanaka (jiplp)


US Patents – Decisions

CAFC continues to struggle with claim construction: Retractable Technologies v. Becton, Dickinson and Company (Patently-O)

Patent malpractice litigation: State versus federal jurisdiction: Magnetek, Inc. v. Kirkland & Ellis, LLP (Patently-O)

District Court N D Illinois: Request for sales and customer information for accused product creates actual controversy sufficient to support declaratory relief claim: Triteq Lock & Security, LLC v. HMC Holdings, LLC (Docket Report)


US Patents – Lawsuits and strategic steps

Remy – ALJ Rogers grants motion to terminate investigation as to respondent Linhai Yongei in Certain Starter Motors and Alternators (337-TA-755) (ITC Law Blog)


US Copyright

Copyright, education and the cost of compliance (IP finance)


US Copyright – Lawsuits and strategic steps

Baio, Andy – Art, copyright and transformation – Baio settles over pixelated version of Miles Davis album cover (IP Whiteboard)


US Trademarks

PTO proposes new rules allowing examining attorneys to request additional specimens of use (TTABlog)


US Trade Marks – Decisions

Finding household linens and furniture related, TTAB cancels LEXINGTON registration under Section 2(d) (TTABlog)

Test your TTAB judge-ability: Which one of these three section 2(d) refusals did the TTAB reverse?: In re Iris Music Group, In re Bioenergy, Inc., In re Mike Tonche (TTABlog)

Test your TTAB judge-ability: Are TEKSTONE and STONTEC confusingly similar for vinyl flooring? (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Homax Products – Forum selection clause did not affect defendants’ 30-day removal window: Homax Products, Inc. v. USA Homemax, Inc. (Seattle Trademark Lawyer)

Station Casinos – A lot of Love in Las Vegas lately (Vegas Trademark Attorney)

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