QMJIP

Queen Mary Journal of Intellectual Property

April 2017 #IPEvents

by Giancarlo Moretti

Here is the list of Intellectual Property events occurring in April 2017. If you have knowledge of or are organising any IP event not shown on the list, we would be grateful if you would let us know. Simply leave us a comment or tweet us @QMJIP and we can add it to the list.

We also invite you to consult the IPKat’s list of forthcoming events, available here.

UNITED KINGDOM & IRELAND

  • 6-7 April – London – QMUL – CCLS – More than just a Game – Link.
  • 3-7 April – London – UCL IBIL – IP Transactions – Link.
  • 5 April – London – Osborne Clarke – Digital disruptors: the latest developments in digital media – Link.
  • 6 April – Bournemouth – CIPPM – Carlos Correa: The TRIPS Agreement: what impact after 20 years of adoption? Link.
  • 6 April – London – Competition Law Association – How should “geo-blocking” practices be assessed from a Competition law and IP perspective in light of the European Commission’s e-commerce sector inquiry and Paramount Studios commitments decision, and what are the proposals for reform? Link.
  • 6 April – York – CIPA – York Meeting Link.
  • 6 April – London – LES Britain & Ireland – IP Strategy & Management in Healthcare – Link.
  • 6 April – Birningham – CITMA – Recent developments in design law and the impact Brexit may have on design protection and enforcement Link.
  • 7 April – London – CILIP – CILIP Copyright Conference – Link.
  • 11 April – London – MBL – Intellectual Property Rights in Software – Link.
  • 12 April – London – QMUL CCLS – UPC Event Link.
  • 20 April – London – MBL – A to Z of Intellectual Property Rights – Link.
  • 21 April – London – MBL – Taking Security over Intellectual Property – Link.
  • 24 April – Southampton – iCLIC – Copyright, linking and the CJEU decision in GS Media, C-160/15 Link.
  • 24 April – London – SCL – Software Patent Disputes: what can be protected and what are the challenges in enforcement Link.
  • 25 April – London – Bird&Bird – The Unified Patent Court Breakfast Seminar Series – Link.
  • 25 April – London – Competition Law Association – Trade marks and Designs – where next when the UK leaves the EU Link.
  • 25 April – Rotherham – IPO – Everyone Owns IP….What do you own? Link.
  • 25 April – London – CITMA –Parallel Imports – now and in a Post Brexit World – Link.
  • 25 April – London – KCL – Art and Law Seminar with David Tovey – Link.
  • 25-27 April – London – IPO – IP Masterclass – Link.
  • 26 April – London – MIP – MIP IP Strategy Forum 2017 Link.
  • 26-27 April – Manchester – MBL – A to Z of Negotiating & Drafting IT ContractsLink.
  • 27 April – London – MBL – IP Licensing & Competition Law – A Workshop – Link.
  • 27 April – London – Osborne Clarke – IP key issues and practical tips for protection and exploitation – Link.
  • 27 April – London – SCL – Big Data and IoT Link.
  • 27 April – Manchester – MBL – Intellectual Property Law Update – Link.
  • 27 April – Oxford – University of Oxford – The Judicial Expansion of Trade Mark Tarnishment in IndiaLink.
  • 28 April – London – Fashion Law & Business – Fashion Law Masterclass – Link.

 

CONTINENTAL EUROPE

  • 4-5 April – Budapest, Hungary – WIPO – Subregional on Copyright in the Digital Age Link.
  • 4-5 April – Amsterdam, the Netherlands – FORUM – IP Agreements – Link.
  • 5 April – Alicante, Spain – ICALI – Aspectos Prácticos de la entrada en vigor de la nueva Ley de Patentes Link.
  • 5 April – Alicante, Spain – EUIPO – IP in eduction – Link.
  • 5 April – Madrid – LES Espana & Portugal – Preparación de un litigio por infracción de patente: las diligencias de comprobación de hechos Link.
  • 6 April – Paris, France – QMUL – CCLS – Brexit and the UPC – Link.
  • 6 April – Alicante, Spain – Magister Lucentinus- Alicante – New Patent Law 24/2015 Seminar – Link.
  • 6-7 April – Vienna, Austria – EPO – East meets West 2017 Link.
  • 7 April – Eindhoven, the Netherlands – The Netherlands Institute of Patent Attorneys – The Netherlands Institute of Patent Attorneys Annual Conference – Link.
  • 7 April – Milano, Italy – Ordine Consulenti Proprietá Industriale – Domini: Diritto e pratica – Link.
  • 11-12 April – Copenaghen, Denmark – IQTC – Nordic IPR Conference Link.
  • 11-13 April – Jurmala, Latvia – AIPPI – 12th AIPPI Baltic Conference – Link.
  • 18 April – Milan, Italy – INTA – Five Years of Opposition Proceedings in Italy: Developments, Differences, and Alignment to EU Practice and Case Law Link.
  • 20 April – Madrid, Spain – FIDE – La objetividad y veracidad de la publicidad comparativa Link.
  • 20 April – Helsinki, Finland – IPR University Centre – Exclusive rights and liability of internet platforms. Dead end or key to a fair balance? – Link.
  • 23-25 April – Paris, France – LES International – LESI International Annual Conference 2017 Link.
  • 25 April – Munich, Germany – MARQUES – Mastering the Hague Agreement: From Asia to the USA, through the EU Link.
  • 24-26 April – Alicante, Spain – EUIPO – IP Course for Paralegal – Link.
  • 25-26 April – Alicante, Spain – EUIPO – 17 LM Trade Marks – Link.
  • 26-28 April – Nice, France – Management Forum – Biotechnology for the Non-BiotechnologistLink.
  • 27 – 28 April – Prague, Czech Republic – NCP – NCP Academy Training on Intellectual Property Rights Academy – Link.
  • 28-29 April – Firenze, Italy – European University Institute – European Copyright – Quo Vadis Link.
  • 28 April – Geneva, Switzerland – WIPO – International Conference on Artist’s Resale Right Link.

 

USA & CANADA

  • 3 April – New York, NY, USA – Columbia Law School – Toward a Global Copyright Law? Link.
  • 4-6 April – Arlington, VA, USA – ABA – 32nd Annual Intellectual Property Law Conference Link.
  • 5 April – Chicago, IL, USA – DePaul University – 2017 Edward D. Manzo Scholars in Patent Law Series IV: Erik Hovenkamp – Link.
  • 6 April – Chicago, IL, USA – DePaul University – IP Theory and Practice – Session 6 Patent II Link.
  • 6 April – Berkeley, CA, USA – CLA – Legal Issues for the Sale and Use of Photography Link.
  • 6 April – New York, NY, USA – MIP – MIP Luxury Brand and Retail Forum 2017 Link.
  • 6 April – Seattle, WA, USA – Copyright Society USA – The Entrenched Irrationality of Statutory Damages in Copyright Law – Link.
  • 7 April – Toronto, ON, Canada – LES USA & Canada – IP & Licensing Basics – Link.
  • 7 April – San Jose, CA, USA – USPTO – Trademark Basics: What Every Small Business Should Know Now, Not Later – Link.
  • 8-9 April – Boston, MA, USA – Boston College Law School – PATCON Link.
  • 10-12 April – St Louis, MO, USA – NTCA – IP Vision – Link.
  • 12 April – Dallas, TX, USA – Dentons – Best Practices in Battling the New IPR Trolls Link.
  • 13 April – Boston, MA, USA – Copyright Society USA – Mind The Gap: IP Protection for Software After Alice Corp. v. CLS Bank InternationalLink.
  • 13 April – Washington DC, USA – George Washington University School of Law – IP Speaker series: Patent Clutter Link.
  • 18 April – Alexandria, VA, USA – USPTO – Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works Link.
  • 18 April – Los Angeles, CA, USA – LAIPLA – LAIPLA Annual Meeting and Patent Litigation Dinner & Young Lawyers Event – Link.
  • 19 April – Sacramento, CA, USA – CLA – Getting Out There: Promote, develop, and market your art and your brand Link.
  • 19 April – Toronto, ON, Canada – LES USA & Canada – Navigating your IP in the United StatesLink.
  • 20 April – Alexandra, VA, USA – AIPLA – AIPLA Law Students Committee Program – Link.
  • 20-21 April – New York, NY, USA – Fordham University – 25th Annual Fordham IP Conference Link.
  • 20-21 April – Berkeley, CA, USA – University of Berkeley – The 21st Annual BCLT/BTLJ Symposium – Link.
  • 20-21 April – St Paul, MN, USA – Mitchell Hamline School of Law – The New Era of Trade Secret Law: The DTSA and other Developments Link.
  • 21 April – Los Angeles, CA, USA – LAIPLA – LAIPLA Digital Piracy LuncheonLink.
  • 24 April – New York, NY, USA – Copyright Society USA – Copyright, Dance & Choreography – Link.
  • 25 April – Palo Alto, CA, USA – MIP – MIP Global Patent Roadshow 2017 – Link.
  • 26 April – Palo Alto, CA, USA – LES USA & Canada – Do Patents still matter? Link.
  • 27 April – New York, NY, USA – Centerforce – IP Defence Summit – Link.
  • 27 April – Chicago, IL, USA – MIP – MIP Global Patent Roadshow 2017 – Link.
  • 27 April – San Jose, CA, USA – USPTO – Hands-of Patent Search Workshop – Link.
  • 29 April – Venice, CA, USA – CLA – Entertainment & The Law: The Stairway Into a Blurry 2017Link.

 

AFRICA, ASIA & OCEANIA

  • 4 April – Melbourne, VIC, Australia – IP Australia – Trade marks 101 for start-ups – Melbourne CBD – Link.
  • 6 April – Sydney, NSW, Australia – IP Australia – Trade marks 101 for start-ups – Melbourne CBD – Link.
  • 12 April – Melbourne, VIC, Australia – University of Melbourne – Website blocking injunctions: lessons from the UK and EU – Link.
  • 12-20 April – Tokyo, Japan – WIPO – Training Course on the Enforcement of Intellectual Property RightsLink
  • 21-23 April – Manila, Philippine – Asean IP Association – 21st ASEAN Intellectual Property Association Annual Meeting & ConferenceLink.
  • 24-25 April –Manila, Philippine – WIPO – Workshop on Collective Management of Related RightsLink.
  • 24-26 April – Matsapha, Swaziland – SATA – Annual Conference Link.
  • 25 April – Beijing, China – IAM – IPBC – Maximising IP Value in China – Link.
  • 25 April – Brisbane, QLD, Australia – IP Australia – Patents 101 for start-ups – Melbourne CBD – Link.
  • 25-28 April – Jakarta, Indonesia – WIPO – Workshop on Access to Technology for Innovation and Establishing a Technology and Innovation Support Center (TISC)Link.
  • 26-28 April – Bengaluru, India – World Intellectual Property Forum – World Intellectual Property Forum 2017 Link.
  • 27 April – Melbourne, VIC, Australia – ACC Australia – IT contracting trends and challenges in the age of disruption – Link.
  • 27 April – Kuala Lumpur, Malaysia – INTA – Trademark Administrators Mini-Seminar in Malaysia Link.
  • 28 April – Seoul, South Korea – IPBC Korea – Corporate IP Best Practice – Link.
  • 29 April – Perth, WA, Australia – IPTA – IPTA 2017 Annual conference – Link.
  • 29 April – 1 May – Tel Aviv, Israel – AIPPI – 3rd International Convention on the Economy of Innovation – Link.

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GCarloMoretti

 

Latest news from WTO: amendment on TRIPS patent compulsory licensing finally entered into force

by Giancarlo Moretti

On Monday 23 January, after more than a 11-year waiting, the amendment on the current regime on patent compulsory licensing eventually entered into force. The protocol amending the Agreement has required the acceptance of two third of WTO member countries before taking effect. As remarked by the official statement, this process has been boosted during the last two years, with the deposit of instruments of acceptance by 37% of the members. The contracting parties that have not accepted the amendment yet are still bound to the waiver decided in 2003.

As for the substance, new Article 31bis allows now compulsory licenses for pharmaceutical products to be exported to countries with insufficient or no manufacturing capacity. This provision derogates the requirement of Article 31(f) of the TRIPS Agreement[1], according to which the issuing of a compulsory licensing ‘shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use’.

The discussion about Article 31 (f) and the connected limitation for developing and least-developed countries emerged during the Doha Round. The ‘Declaration on the TRIPS agreement and public health’ recognised the difficulties related to the exploitation of this TRIPS flexibility. In order to tackle this issue, before the amendment signature in 2005, a waiver allowing compulsory licensing for exportation of drugs was adopted in 2003. So far, it has been applied just in one case, with Canada issuing a compulsory licensing in favour of Rwanda for the exportation of anti-retroviral drugs for AIDS.[2]

Despite the discussions occurred last year at UN[3] and WTO,[4] the new amendment could be considered a major step ahead in assuring access to essential medicines to countries with no manufacturing capacity. Indeed, setting up and developing infrastructures that could be able to produce generic drugs may require a long period of time. The new instrument waive Article 31(f) as for the requirement of production for domestic market, but at the same time it provides for adequate remuneration to be be paid to patent holders in accordance with Article 31(h). Except paragraph (f), all the other parts of Article 31 are applicable, in order to try to struck a balance between the interests of the different actors involved.

Eventually, given the partial failure of 2003 waiver, it cannot be predicted if this amendment will be able to provide an efficient tool for addressing the issue of access to medicine. The results will be clearer in the upcoming years. In any case, it can be considered a partial victory for developing and least-developed countries, that could rely on a further flexibility in order to grant effective access to essential life-saving drugs.


 

[1] WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.

[2] For a comment see J. Gibson, Intellectual Property, Medicine and Health Current Debates (Ashgate 2009) 154-156.

[3]See  http://www.unsgaccessmeds.org/#homepage-1.

[4] See https://www.wto.org/english/news_e/news16_e/trip_08nov16_e.htm.

 

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GCarloMoretti

February 2017 #IPEvents

by Giancarlo Moretti

Here is the list of Intellectual Property events occurring in February 2017. If you have knowledge of or are organising any IP event not shown on the list, we would be grateful if you would let us know. Simply leave us a comment or tweet us @QMJIP and we can add it to the list.

We also invite you to consult the IPKat’s list of forthcoming events, available here.

UNITED KINGDOM & IRELAND

  • 2 February – London – CIPA – The future for the UK’s Patent Framework Link.
  • 2 February – Leeds – SCL – Annual IT Contracts Update – Link.
  • 2 February – London – PLS – Introduction to Collective Licensing – Link.
  • 3 February – London – City University of London – The Rise of Web Blocking Orders in the UK: Empirical Evidence Perspectives Link.
  • 6 February – London – University of Westminster – Current issues in entertainment law: an intellectual property perspectiveLink.
  • 6 February – London – MIB ­– Taxation of Intellectual Property – Link.
  • 6 February – Sheffield – CIPA/CITMA – CITMA/CIPA Best practices for filing design applications – Link.
  • 7 February – London – ALPSP – The General Data Protection Regulation (GDPR): What you need to know – and do – about it Link.
  • 7 February – London – INTA – Is Alternative Dispute Resolution a realistic option in IP disputes? Link.
  • 7-8 February – London – Management Forum – Patentability and State of the Art Searching Link.
  • 8 February – Leeds – SCL – Annual IT Contracts Update – Link.
  • 8 February – London – City University of London – Analysing the Impact of Brexit on Patent Law and UK-EU relations – what future for the Unified Patent Court?Link.
  • 8 February – London – UCL – Copyright and Freedom of Speech Link.
  • 8 February – London – MIB – All you need to know about the UK Patent Box – Link.
  • 9 February – London – Lewis Silkin – Brand Academy 2017 Link.
  • 9 February – London – Management Forum – Freedom to operate searching Link.
  • 9 February – London – Managing IP – MIP International Women’s Leadership Forum 2017 Link.
  • 9 February – Bournemouth – CIPPM – Damages for Intellectual Property Infringement under EU Law Link.
  • 9 February – London – MIB – Trade Marks- Advanced Law Link.
  • 14 February – London – UCL – Drafting and Negotiating IP Terms in Research Contracts – Link.
  • 14 February – Newport – IPO – Intellectual Property Clinics Link.
  • 14 February – Glasgow – CREATe – Public Lecture Series 2017 (Prof. Dr. Thomas Höppner) Link.
  • 15 February – London – CITMA – BSB Workshop: CPD 2017 – Understanding the new regime – Link.
  • 16 February – London – CCLS-QMUL – From TRIPS to FTAs and back: the role of a multilateral IP Framework in a TRIPS-plus world – Link.
  • 16 February – London – Osborne Clarke – Annual IP Law Update – Link.
  • 16 February – Oxford – OIPRC – “One contract to rule them all”? – The hidden battle between contract and copyright law in the Digital Single Market Strategy Link.
  • 16 February – Sutton Scotney – CIPA – The South of England Seminar Link.
  • 20 February – London – Assimilate IP – Building, Managing and Monetizing Your IP PortfolioLink.
  • 20 February – London – SCL – Content licensing: recent trends and virtual worlds Link.
  • 21 February – London – CITMA – Trade marks in the digital domain’s workLink.
  • 21 February – Oxford – OIPRC – Brexit and the Unified Patent Court – Link.
  • 21 February – London – UCL – IP Licensing: an Advanced Legal Drafting CourseLink.
  • 21 February – Manchester – MIB- Taking Security over Intellectual Property –
  • 22 February – Bournemouth – CIPPM – Beyond IP – The Cost of Free Link.
  • 22 February – London – CIPA – Intellectual Property Enterprise Court – Use your rights! And learn skills for the UPCLink.
  • 22 February – London – MIB –The Law of Passing Off – Link.
  • 23 February – London – JA Kemp – Intellectual Property, Funding and Commercial Legal Issues for Startups Link.
  • 27 February – London – Assimilate IP – IP for the Life Science and Pharmaceutical IndustriesLink.
  • 27-28 February – London – UCL – Post Mortem Auctoris: Copyright and Estate PlanningLink.
  • 28 February – Birmingham – MIB – IP for Commercial Lawyers – A practical guide – Link.

CONTINENTAL EUROPE

  • 1 February – Sofia, Bulgaria –Marques – Co-existence Agreements Workshop – Link.
  • 2 February – Berlin, Germany – Dentons – Technology Meets Law – Link.
  • 2 February – Geneva, Switzerland – WIPO – In-House Counsel Seminar:
    Contracts and Disputes in MedTech and BioTech 
    – Problems and Solutions Link.
  • 7 February – Brussels, Belgium – Bird&Bird – R&D Seminar: The new Belgian “innovation box deduction” Link.
  • 9 February – Amsterdam, the Netherlands – Bird&Bird – Fourth Annual Unitary Patent Package Conference – Link.
  • 9 February – Stockholm, Sweden – FICPI – FICPI Sweden Open Seminar February 2017 Link.
  • 9 February – Amsterdam, the Netherlands – Tracking Walls, Take-It-Or-Leave-It Choices, and EU Data Privacy Law – Link.
  • 9-10 February – Paris, France – FORUM – Licensing Link.
  • 10 February – Amsterdam, the Netherlands – VvA – Extended Collective Licensing Under the Proposed DSM Directive Link.
  • 13 February – Helsinki, Finland – IPR – IPR-päivä Link.
  • 14 February – Paris, France – FORUM – Evaluation financière de la
    Propriété Intellectuelle –
    Link.
  • 15 February – Coimbra, Portugal – WIPO – Roving Seminar on WIPO Services and Initiatives – Link.
  • 16 February – Amsterdam, the Netherlands – FORUM – Patent Valuation Link.
  • 16 February – Amsterdam, the Netherlands – iVIR – Wat heeft waarheid in de publieke discussie nog te betekenen? – Link.
  • 16 February – Koln, Germany – Wolters Kluwer – Kölner Symposium 2017 Link.
  • 16-17 February – Barcelona, Spain – OEPM – XXXII Jornadas de Estudio sobre Propiedad Industrial e Intelectual – Link.
  • 17 February – Lisbon, Portugal – WIPO – Roving Seminar on WIPO Services and Initiatives – Link.
  • 21 February – Geneva, Switzerland – WIPO – IPC Workshop – Link.
  • 21 February – The Hague, The Netherlands – New Online Filing (CMS) workshop in The -HagueLink.
  • 23-24 February – Brussels, Belgium – Annual Conference on EU Law in the Pharmaceutical Sector 2017Link.
  • 24 February – Munich, Germany – UNION-IP – UNION-IP Round Table – Link.
  • 28 February – La Valletta, Malta – EUIPO – Public Sector Meeting Link.

USA & CANADA

  • 29 January – 1 February – Orlando, FL, USA – ACFC – 2017 ACFC Winter MeetingLink.
  • 1-3 February – Santa Monica, CA, USA – LAIPLA – 3rd IBA Silicon Beach Conference Link.
  • 1 -4 February – Fort Lauderdale, FL, USA – AIPLA – AIPLA Mid-Winter Institute Link.
  • 1-7 February – Miami, FL, USA – ABA – ABA Midyear Meeting Link.
  • 2 February – Chicago, IL, USA – Center for Intellectual Property Law & Information Technology – IP Theory and Practice – Session 1 – Trademarks – Link.
  • 2 February – Detroit, MI, USA – USPTO – Introduction to Intellectual Property and Midwest USPTO – Link.
  • 3 February – San Jose, CA, USA – USPTO – Silicon Valley USPTO Public Tour – Link.
  • 7 February – Seattle, WA, USA – WIPLA – Discover IP Japan Conference 2017 Link.
  • 7 February – New York, NY, USA – Columbia Law School – Recent development in Fair Use Link.
  • 9 February – Chicago, IL, USA – Center for Intellectual Property Law & Information Technology – IP Theory and Practice – Session 2 – Trademarks II – Link.
  • 9 February – San Pedro, CA, USA – CLA – Protecting Creativity: Collaboration Agreements Link.
  • 9-11 February – Napa Valley, CA, USA –Copyright Society of USA- Mid-Winter Meeting 2017 – Link.
  • 10 February – Portland, OR – Lewis & Clark Law School – Trademark as a property right – Link.
  • 13 -14 February – New York, NY, USA – BIO – BIO CEO Investor Conference – Link.
  • 14 February – New York, NY, USA – Columbia Law School – Cambridge University Press v. Patton: Fair Use and Course Websites Link.
  • 14 February – Ann Arbor, MI – USPTO – Seminar for Startups: Understanding Intellectual Property Link.
  • 15 February – Los Angeles, CA, USA – LAIPLA – TTAB comes to Los Angeles –
  • 16 February – Berkeley, CA, USA- BCLT – BCLT Tech Spring Tech Fair – Link.
  • 16 February – Washington DC, USA – George Washington University Law School – IP Networking Fair – Link.
  • 16 February – Washington DC, USA – Copyright Society of USA – Copyright and Fair Use – Link.
  • 20-21 February – San Diego, CA, USA – Devops – Industry of Things World USA – Link.
  • 21 February – San Diego, CA, USA – CLA – Legal Issues in Photography – Link.
  • 22 February – Los Angeles, CA, USA – CLA – What’s New in Copyright & Entertainment: A Review of Recent Case LawLink.
  • 22 February – Detroit, MI, USA – LES USA & Canada – Intellectual Property and Licensing Symposium Link.
  • 23 February – Orange County, CA, USA – Centerforce – The IP Strategy Summit Link.
  • 23 February – San Francisco, CA, USA – Legal & IP Confex – IP’s Emerging Role in Corporate Deal-MakingLink.
  • 23 February – Washington DC, USA – LES USA & Canada – Patent Damages Symposium Link.
  • 24 February – Houston, TX, USA – AIPLA – 2017 Chemical Practice Road ShowLink.
  • 27-28 February – Boston, MA, USA – PIUG – PIUG 2017 Technology Conference – Link.
  • 28 February – New York, NY, USA – Columbia Law School – Are the ASCAP and BMI Consent Decrees Effective in the Digital Environment? Link.
  • 28 February – Munich, Germany – Max Planck – Dual Trademark system in Europe – Link.

LATIN, CENTRAL & SOUTH AMERICA

  • 14 February – Sao Paulo, Brazil – Os Reflexos Jurídicos dos Sinais não Tradicionais Visualmente PerceptíveisLink.

AFRICA, ASIA & OCEANIA

  • 6-7 February – Hong Kong, China Anticounterfeiting Conference: Staying Ahead of the Curve – Link.
  • 8 February – Hong kong, China – Free Trade Zones: Commerce v Counterfeiting Link.
  • 8 February – Singapore, Singapore – Alternative Dispute Resolution for IP and Technology Disputes Recent DevelopmentsLink.
  • 9 February – Sydney, NSW, Australia – 2016’s Licensing Lesson – Link.
  • 16 February – Singapore, Singapore – Legal & IP Confex – Dispute Resolution Strategies for an Increasingly Litigious World; IP Risk, Security & Compliance – Are You In for the New Game?Link.
  • 16 February – Singapore, Singapore – IP Academy – IP Management Course & Toolkit for MOE Link.
  • 20 February – 2 March – Ho Chi Min City, Vietnam ICANN – Asia Pacific Internet Conference on Operational Technologies (APRICOT 2017) – Link.
  • 21-23 February – Dakar, Senegal – WIPO – Projet de l’OMPI sur l’établissement des Centres d’appui à la technologie et à l’innovation (CATI): Atelier sur le renforcement des capacités en matière de recherches d’informations techniques et scientifiques Link.
  • 23 February – Adelaide, SA, Australia – The new unfair contract provisions – how will your license (& other) agreements be affected? – Link.
  • 23 February – Melbourne, VIC, Australia – Access Barriers to Big Data Link.
  • 24 February – Beijinh, China – INTA – The Function and Use of Mediation in Intellectual Property Protection Link.
  • 24 February – Singapore, Singapore – IP Academy – IPM Course & Toolkit for Procurement Officers – Link.
  • 28 February – Mumbai, India – IPBC India – Corporate IP Best Practice – Link.

 

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GCarloMoretti

December 2016 #IPEvents

by Giancarlo Moretti

Here is the list of Intellectual Property events occurring in December 2016. If you have knowledge of or are organising any IP event not shown on the list, we would be grateful if you would let us know. Simply leave us a comment or tweet us @QMJIP and we can add it to the list.

We also invite you to consult the IPKat’s list of forthcoming events, available here.

 

UNITED KINGDOM & IRELAND

  • 1 December – London – Queen Mary, CCLS – The Future of the European Concept of Trade Mark Functionality  Link.
  • 1 December – London – IBC – Internet & Media Law 2016Link.
  • 1 December – London – MBL – ‘Brexit’ – The Implications for European Trade Marks & Community Designs Link.
  • 1 December – Cambridge – CIPIL – Hyperlinking and website blocking injunctions: recent copyright case law from the European and English courts – Link.
  • 1-2 December – London – Premier Circle – IP Summit – Link.
  • 5 December – London – Assimilate IP – Building, Managing and Monetizing Your IP Portfolio Link.
  • 5 December – London – LES – Interesting IP Developments in the Past Year Link.
  • 5 December – London – MBL – Registered Designs & Design Right Litigation ExplainedLink.
  • 5 December – London – MBL – All You Need to Know About the UK Patent BoxLink.
  • 5-6 December – London – IBC – The 10th Annual Standards, Patents & Competition: Law & Litigation Link.
  • 5-6 December – London – Management Forum – US Patent Practice – Link.
  • 6 December – London – IP Union – British Group Dinner Meeting Link.
  • 6 December – Bristol – SCL – Key legal issues for tech-centric business in 2016: Office banter – the changing face of harassment and discrimination, reputation management, advertising and social media Link.
  • 7 December – London – Bond Dickson – Why were Trunki sent packing again? (and other recent developments in IP law) Link.
  • 7 December – London – iVIR – From Research to Market: Protect, Innovate and Prosper – Link.
  • 7 December – London – QMUL – qLegal – Be Forearmed – A Cyber Crime 101 for Startups – Link.
  • 8 December – Newcastle – Bond Dickson – Why were Trunki sent packing again? (and other recent developments in IP law) Link.
  • 8 December – London – Osborne Clarke – Interactive Entertainment Summit – Link.
  • 12 December – Edinburgh – MBL – Taxation of Intellectual Property – Link.
  • 12 December – London – MBL – Copyright Law & Practice in Just One Day Link.
  • 12-13 December – London – MBL – A to Z of Negotiating & Drafting IT Contracts – In 2 Days Link.
  • 13 December – Southampton – iCLIC – iCLIC Seminar: Guest Speaker Simon Morrison from Google Link.
  • 13 December – London – QMUL – qLegal – Getting Your Head Around Software PatentsLink.
  • 15 December – Queen Mary, CCLS – Intellectual Property in Business – Link.
  • 15 December – London – IALS – The Competence of the European Union in Copyright Lawmaking Link.
  • 16 December – London – Taylor & Wessing – IBA European Start Up Conference – Link.
  • 16 December – Birmingham – CITMA – TM protection for product attributes beyond brand names and logos – an update Link.

CONTINENTAL EUROPE

  • 1 December – Amsterdam, The Netherlands – FORUM – FTO in Practice: Life Sciences &
    Pharmaceuticals –
    Link.
  • 1 December – Munich, Germany – FORUM – 3D Printing & IP Rights – Link.
  • 1 December – Helsinki, Finland – IPR University Centre – Digital Rights, Markets and Innovation Link.
  • 1-2 December – Brussels, Belgium – INTA – Digital World Conference Link.
  • 1-2 December – Munich, Germany – FORUM – Licensing – Link.
  • 2 December – Grenoble, France – CUERPI – La Propriété intellectuelle en dehors de ses frontières – Link.
  • 2 December – Munich, Germany – FORUM – US Design Patents – Link.
  • 5 December – Milan, Italy – Milan Bar Association (Ordine Avvocati Milano) – Processo Simulato in Materia di Proprietà Industriale – Link.
  • 6 December – Munich, Germany – EPO – Guidelines2day and Article 84 EPC Link.
  • 8 December – Riga, Latvia – ECTA – The Implementation of Trade Mark Directive – Link.
  • 8 December – Paris, France – LES – Actualités du licensing 2016Link.
  • 9 December – Strasbourg, France – CEIPI – Quels défis internationaux pour la propriété intellectuelle Link.
  • 9 December – Munich, Germany – EPO – Industry 4.0 and its impact on the patent system Link.
  • 12 December – Madrid, Spain – FIDE – Balance de la actividad a nivel europeo en materia de propiedad intelectual durante el año 2016. La Propuesta de Directiva sobre los Derecho de autor en el mercado único digital y la jurisprudencia del TJUELink.

USA & CANADA

  • 1 December – Santa Monica, CA, USA – CLA – Copyright Basics – Link.
  • 1 December – Washington DC, USA – ALPSP – All things disruptive: surviving innovation – Link.
  • 2 December – New York, NY, USA – MIP – European Patent Reform Forum – Link.
  • 2 December – Los Angeles, CA, USA – LAIPLA – Effective Oral Advocacy in IP Cases – Link.
  • 5 December – Chicago, IL, USA – LES – What does fruit have to do with licensing? Link.
  • 5 December – Denver, CO, USA – USPTO – Intellectual Property Protection and Enforcement Abroad Link.
  • 6-7 December – Santa Monica, CA, USA – IPQC – Global IP Exchange US – Link.
  • 7 December – Chicago, IL, USA – IPLAC – The new TTAB Rules of Practice Link.
  • 7 December – Santa Monica, CA, USA – Internet and Social Media Legal Issues for Artists and Business OwnersLink.
  • 7-8 December – Palo Alto, CA, USA – Berkeley & Stanford Universities – 17th Stanford/Berkeley Advanced Patent Law Institute: Silicon Valley Link.
  • 9 December – Alexandria, VA, USA – USPTO – Public Meeting on Developing the Digital Marketplace for Copyrighted Works – Link.
  • 12 December – San Francisco, CA, USA – SIFPLA – How to Win a Trade Dress Case After Apple v. Samsung Link.
  • 16 December – New York, NY, USA – Copyright Society of the USA – The Copyrightability of Constructed Languages Link.

LATIN, CENTRAL & SOUTH AMERICA

AFRICA, ASIA & OCEANIA

  • 1 December – Sydney, NSW, Australia – ACC – Doing business in a digital era: where is the law up to? – Link.
  • 1 December – Melbourne, VIC, Australia – IP Australia – IP Management on a Lean Budget – Link.
  • 4-6 December – Shanghai, China – IPBC – Maximizing Corporate IP Value – Link.
  • 5 December – Tokyo, Japan – FICPI – FICPI Japan Seminar – Link.
  • 5-9 December – Seoul, South Korea – WIPO – Interregional Workshop on Copyright Enforcement – Link.
  • 6 December – Melbourne, VIC, Australia – LES – Agile IP Management – Link.
  • 13-14 December – Dushanbe, Tajikistan – WIPO – National Workshop on IP Valuation – Link.

 

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GCarloMoretti

 

November 2016 #IPEvents

by Giancarlo Moretti

Here is the list of Intellectual Property events occurring in November 2016. If you have knowledge of or are organising any IP event not shown on the list, we would be grateful if you would let us know. Simply leave us a comment or tweet us @QMJIP and we can add it to the list.

We also invite you to consult the IPKat’s list of forthcoming events, available here.

UNITED KINGDOM & IRELAND

  • 1 November – Oxford – Oxford Intellectual Property Research Centre – Protecting Authors’ Rights through Human Rights Rationales: A Latin American comparative perspective Link.
  • 2 November – Glasgow – CREATe – CREATe Public LectureLink.
  • 2 November – London – CIPA – The 818th Ordinary General Meeting of the Chartered Institute – Link.
  • 2 November – London – ITMA – Women in IP – Launch eventLink.
  • 3 November – Bournemouth – CIPPM – Is there a European future for UK Intellectual Property Law- Link.
  • 3 November – London – ITMA – 2016 ITMA Seminar for Litigators Link.
  • 3 November – London – CCLS – Systemic Implications of the Enhanced Patent Cooperation Link.
  • 3 November – Oxford – Oxford Intellectual Property Research Centre – The Propertisation of Trade Mark Law – Link.
  • 7 November – London – QMUL-CCLS & IPKey – EU-China Intellectual Property Forum: Preparing for Opportunities, Responding to Challenges Link.
  • 7 November – London – UCL – Drafting Clearer Contracts – Link.
  • 7 November – Southampton – iCLIC – It’s too complicated: How the Internet upends Katz, Smith, and electronic surveillance law – Link.
  • 8 November – Glasgow – CREATe – Copyright and Creation Link.
  • 8 November – London – MBL – A to Z of Intellectual Property Law – Link.
  • 8 November – London – Music tank – Rock ‘n’ Roll Disasters & What They Taught Me
    Read –
    Link.
  • 9 November – London – Osborne & Clarke – Commercialising your IP assets in the Life Sciences sector – Link.
  • 8 November – Manchester – ITMA – CJEU and General Court decisions 2016Link.
  • 9 November – Bournemouth – CIPPM – Opening PANDORA’S BOX: bridging the gap between film preservation and IP Link.
  • 9 November – Leeds – MBL – ‘Brexit’ – The Implications for European Trade Marks & Community Designs Link.
  • 9 November – London – FBLIP – Food And Beverage Law and IP – Link.
  • 10 November – Glasgow – CREATe – Open Innovation Design Jam – Link.
  • 10 November – Cambridge – BLACA & CIPIL – News and Copyright – Link.
  • 10 November – London – SCL – Advising in a time of technological change – Link.
  • 10 November – London – Taylor & Wessing – The British Fashion Council Fashion Trust & Taylor Wessing Seminar – Link.
  • 11 November – London – LES Britain and Ireland – The New Lambert Agreement Seminar Link.
  • 14-15 November – London- CIPA – The 2016 Life Sciences Conference – Link.
  • 15 November – London – Bird&Bird – Annual TechLaw Day 2016Link.
  • 15 November – London – UCL – IP Licensing: An Advanced Level Drafting WorkshopLink.
  • 15 November – Edinburgh- UK IPO – Intellectual Property: the Value within – Link.
  • 16 November – London – CIPA & UCL – Do Patents have a ‘Chilling Effect’ on the Incentives for Research and Development?Link.
  • 16 November – London – UCL & IBIL – Annual Innovation Panel – Link.
  • 18 November – London – MBL – Patent Court Litigation – Link.
  • 21 November – London – CIPA – Patent Case Law – Link.
  • 22 November – London – CCLS – Introduction to US Intellectual Property Law Research – Link.
  • 23 November – London – UK IPO – Enforcing IP on a Budget Link.
  • 23 November – London – Management Forum – Advanced Drafting Techniques for Successful EPO Patent Applications – Link.
  • 24 November – London – Bond Dickinson – Why were Trunki sent packing again? (and other recent developments in IP Law)Link.
  • 24 November – London – Bird& Bird – 2016 Annual IP SeminarLink.
  • 24 November – Manchester – ITMA – Recent developments on online blocking Injunctions and colour TMsLink.
  • 24 November – Oxford – OIPRC – Copyright and Course Packs: A Collision of Competing Values? – Link.
  • 28 November – London – Assimilate IP – Freedom to Operate for the Engineering Industries – Link.
  • 28 November – London – CIPA –CIPA/ITMA New Student Induction Day – Link.
  • 28 November – Bristol – CIPA – Patent Case Law – Link.
  • 29 November – London – UCL – Drafting and Negotiating Contracts with Universities Link.
  • 28-29 November – London – IBC Legal – International Copyright Law 2016Link.

CONTINENTAL EUROPE

  • 1 November – Helsinki, Finland – IPR – The Logistic of Ideas – Link.
  • 3 November – Strasbourg, France – CCI Alsace – Brexit – Consequences pour la PI Link.
  • 3 November – Munich, Germany – IAM – Pharma and Biotech IP Summit – Link.
  • 3 November – Madrid, Spain –EPO – PCT at EPO – Link.
  • 5 November – Amsterdam, the Netherlands – Vrije University – Selected Problems of the EU Trademark Law Reform Link.
  • 7-8 November – Paris, France –Dennemayer – Dennemayer Annual Meeting – Link.
  • 7-9 November – Cologne, Germany – BIO Europe – 22nd Annual International Partnering Conference – Link.
  • 8-10 November – Madrid, Spain – EPO – Patent Information Conference 2016 – Link.
  • 9 November – Amsterdam, the Netherlands – FORUM – Patent Due DiligenceLink.
  • 10 November – Paris, France – ASPI – Droit des Brevets – Link.
  • 10 November – Basel, Switzerland – University of Basel – IP Protection of Biological Inventions – Link.
  • 10 November – Geneva, Switzerland – WIPO – Conference on IP Dispute Resolution in Life Sciences – Link.
  • 10-11 November – Amsterdam, the Netherlands – FORUM – Supplementary Patent Certificates – Link.
  • 10-11 November – Stockholm, Sweden – IRI – The XXXI Nordic Conference on Law & IT Link.
  • 14 November – Berlin, Germany – GRUR & OUP – (Non-)Regulation of online platforms and internet intermediaries: state of play, visions, and next steps in Germany, UK, the Netherlands and at EU level – Link.
  • 14-15 November – Berlin, Germany – IQPC – Brand Protection & Anti-Counterfeiting – Link.
  • 15-16 November – Brussels, Belgium – CREATe – EU Hackathon – Link.
  • 15-16 November – Munich, Germany – IQPC – IP Life Sciences Exchange – Link.
  • 16 November – Zagreb, Croatia – Zagrebački Velesajam – INOVA – Link.
  • 17 November – Brussels, Belgium – Bird&Bird – Sample Management, Biobanking and Clinical Trials Link.
  • 17 November – Paris, France – FNDE – Droit du Numérique – Link.
  • 17-18 November – Trier, Germany – ERA – Annual Conference on European Copyright Law 2016 – Link.
  • 17-18 November – Vienna, Austria – Fleming – 4th Annual Open Innovation – Life Science, Pharma & BiotechLink.
  • 17-18 November – Amsterdam, the Netherlands – Marcus Evans – 10th Pan-European Conference in the P2P Series – Link.
  • 22 November – Anwtwerp, Belgium – Bird&Bird – Pharmaceutical Law Seminar – Link.
  • 22 November – Amsterdam, the Netherlands – FORUM – EU Design Law – Link.
  • 22 November – Basel, Switzerland – FORUM – Pharma IP Management – Link.
  • 22-23 November – Sofia, Bulgaria – WIPO – National Seminar on Copyright in the Digital Age – Link.
  • 23-24 November – Munich, Germany – EPO – Boards of Appeal and Key Decisions – Link.
  • 23 November – Amsterdam, the Netherlands – FORUM – Design Protection in China – Link.
  • 24 November – Amsterdam, the Netherlands – FORUM – International R&D – Link.
  • 24-25 November – Amsterdam, the Netherlands – FORUM – The Patent Roadmap – Link.
  • 24-25 November – Geneva, Switzerland – WIPO – Seminar on Intellectual Property and Traditional Knowledge – Link.
  • 24-25 November – Geneva, Switzerland – WIPO – Seminar on the Practical Aspects of the Madrid System for the International Registration of Marks – Link.
  • 24-25 November – Helsinki, Finland – IPR – Unfair Competition within (and beyond) IP ­– Link.
  • 24 November – Lyon, France – ASPI – Droit des Brevets – Link.
  • 24 November – Madrid, Spain – FIDE – Análisis de las Reclamaciones internacionales de inversión presentadas por Philip Morris contra Uruguay y Australia Link.
  • 26 November – Bologna, Italy – EPO – PCT at the EPO – Link.
  • 29 November – 1 December – Basel, Switzerland – FORUM – IP Strategy! – Link.
  • 29-30 November – Frankfurt, Germany – IICE – Information Management & Information Compliance – Link.
  • 30 November – Brussels, Belgium – INTA – Internet and the Rights HolderLink.
  • 30 November – Milano, Italy – EUIPO – DesignEuropa Awards – Link.

USA & CANADA

  • 1 November – Baton Rouge, LA, USA – USPTO – Patent and Trademark SeminarLink.
  • 2 November – San Diego, CA, USA – AIPF – Protecting your IP overseas Link.
  • 2 November – Washington DC, USA – George Washington Law School – IP Speaker Series: Stephen YeldermanLink.
  • 2 November – Whitewater, WI, USA – LES US&Canada – IP Business Basics 101 – Link.
  • 3 November – Bloomington, IN, USA – Maurer School of Law – IP Colloquium: Lisa P. Ramsey – Link.
  • 3 November – Los Angeles, CA, USA – CLA – Navigating the Legal Side of the Entertainment Business, the Right Way: Immigration & Contract DealsLink.
  • 3 November – Boston, MA, USA – CenterForce – The IP Strategy Summit: DefenseLink.
  • 3 November – Toronto, ON, Canada – LES US&Canada – IP Valuation: Options for Determining Value in Today’s Global Innovation Economy Link. ottom of Form

 

  • 3-4-November – Washington DC, USA – BIO – BIO Patient and Health Advocacy Summit Link.
  • 4 November – Los Angeles, CA, USA – LAILPA and Loyola Law School – TechTainment 2.0: Technology + Entertainment Link.
  • 4 November – Salt Lake City, UT, USA – AIPF – Protecting your IP overseas Link.
  • 4 November – Washington DC, USA – LES USA&Canada – IP Update: developments in Europe – Link.
  • 8 November – Chicago, IL, USA – CenterForce – The IP Landscape Has Changed: But Has Your Strategy?Link.
  • 8 November – Palo Alto, CA, USA – USPTO – Trademark Tuesday – Link.
  • 9 November – Cleveland, OH, USA – INTA – Young Practitioners and Trademark Administrators Reception and Roundtable – Link.
  • 9 November – Philadelphia, PE, USA – The Copyright Society of the USA – Star Athletica v. Varsity Brands: Separating the Useful and the Aesthetic for Copyright Protection Link.
  • 9 November – Santa Monica, CA, USA – CLA – Understanding Music Royalties and Copyright for Attorneys – Link.
  • 10 November – Boston, MA, USA – The Copyright Society of the USA – Public Art, Activism and Intellectual Property Link.
  • 10-11 November – Santa Monica, CA, USA – The State Bar of California – IP Section – IP On the American Riviera – Link.
  • 11 November – Québec City, QC, Canada – LES USA&Canada – Assurance en propriété intellectuelle: utile et rentable Link.
  • 15 November – Washington DC, USA – IAM – Patent Law & Policy 2016 – Link.
  • 15 November – Palo Alto, CA, USA – CenterForce – The IP Landscape Has Changed: But Has Your Strategy?Link.
  • 15-18 November – Hollywood, FL, USA – INTA – Leadership meeting – Link.
  • 16 November – Berkeley, CA, USA – CLA – Publishing Law 101: What Every Author MUST Know Before Getting Published – Link.
  • 17 November – New York, NY, USA – The Copyright Society of the USA – Donald C. Brace Memorial LectureLink.
  • 18 November – Dallas, TX, USA – USPTO – Spanish IP SeminarLink.
  • 24 November – Portland, OR, USA – Lewis&Clark Law SchoolHitting Refresh: Intellectual Property Rights and the Internet – Link.
  • 30 November – Palo Alto, CA, USA – Managing IP – European Patent Reform Forum – Link.
  • 30 November – 2 December – Philadelphia, PE, USA – IPQC – Pharmaceutical Packaging and Labeling Forum – Link.

LATIN, CENTRAL & SOUTH AMERICA

  • 13 September – Sao Paulo, Brazil – ASPI – Contratos e Parcerias sob a Lei Brasileira de Inovação – Oportunidades e Riscos – Link.

AFRICA, ASIA & OCEANIA

  • 1 November – Seoul, South Korea – CREATe – 2016 Seoul Copyright Forum – Link.
  • 3 November – Perth, WA, Australia – ACC Australia – IP Litigation – the real costs to your business and how best to manage itLink.
  • 8 November – Sydney, NSW, Australia – ACC Australia – Cyber Resilience Session Link.
  • 10 November – Melbourne, VIC, Australia – IAM – IPBC Australasia – Link.
  • 9-11 November – Tokyo, Japan – Japan Institute for Promoting Invention and Innovation, Japan Patent Information – Patent Information Fair & Conference – Link.
  • 11 November – Singapore, Singapore – IP Academy – Recent trends of IP Laws in Japan & Singapore – Link.
  • 14-15 November – Shenzen, China – Berkeley Centre for Law & Technology – The 5th Annual US-China IP Conference: Intellectual Property and Economic TransformationLink.
  • 15-16 November – Sydney, NSW, Australia – Australian Government & OECD – IP Statistics for Decision Makers – Link.
  • 17-18 November – Shangai, China – YIP – China Pharma Intellectual Property Summit 2016Link.
  • 20-22 November – Hong Kong – APCA – APCA Conference 2016 – Link.
  • 22 November – Sydney, NSW, Australia – University of Melbourne – What does a good IP system look like Link.
  • 24 November – Perth, WA, Australia – University of Melbourne – What does a good IP system look like – Link.

 

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GiancaMoretti

June 2016 #IPEvents

by Giancarlo Moretti

Here is the list of Intellectual Property events occurring in June 2016. If you have knowledge of or are organising any IP event not shown on the list, we would be grateful if you would let us know. Simply leave us a comment or tweet us @QMJIP and we can add it to the list.

We also invite you to consult the IPKat’s list of forthcoming events, available here.

UNITED KINGDOM & IRELAND

  • 3 June – London – CCLS QMUL – Queen Mary Postgraduate Legal Research Conference 2016 – Link.
  • 6-7 June – London – IIPLA – Iipla 2Nd Global Ip Summit 2016 Link.
  • 7 June – London – The British Library – Intermediate guide to copyright – Link.
  • 8-9 June – Glasgow – CREATe – CREATe Academic Symposium & Exhibition on Copyright and Cultural MemoryLink.
  • 9 June – London – Osborne Clarke – PSD2 – Scope – Changes to the exemptions and its impact- Link.
  • 9 June – London – Taylor Wessing – Annual Life Sciences In-house Counsel ForumLink.
  • 9-10 June – London – IFCLA – IFLCA Conference 2016 – Link.
  • 10 June – London – CIPA – EPO Oral Proceedings – Link.
  • 10 June – Leeds – MBL – Intellectual Property Rights in Software – Link.
  • 10 June – London – QMUL & UAM – Intellectual Property Event – Contemporary Developments in IP Law : CCLS and UAM Conference June 10 2016.
  • 13 June – London – CIPA & AIPLA – Diversity in IP – Link.
  • 13 June – London – FICP, CIPA & ITMA – US IP Law and Practice – Link.
  • 13 June – London – ITMA – Breakfast Meeting with ITMA – Link.
  • 13 June – London – ITMA – US IP Law & Practice – Link.
  • 14 June – Bristol – IPO&ITMA – IPO&ITMA Roadshow – Link.
  • 13 June – London – MBL – Advanced Trade Marks: Adwords & More Link.
  • 14-15 June – Ireland – IQPC – Pat-Tech Exchange – Link.
  • 15 June – London – ITMA – ITMA Administration Session #1 – Link.
  • 16 June – London – MBL – All you need to know about the IP Patent Box – Link.
  • 16-17 June – London – Management Forum – Advanced PCT Formalities – Link.
  • 19-23 June – Newport – FICPI – FICPI American-Canadian-British ConferenceLink.
  • 20 June – London – Osborne Clarke – ADTech in 2016 Link.
  • 22 June – London – ALPSP – Understanding Copyright – Link.
  • 22 June – London – Bristows – Understanding blockchain: hype or game-changing technology?
  • 22 June – London – Bristows – Robotics: Future Technologies today – Link.
  • 22 June – London – UCL IBIL – Annual Sir Hugh Laddie Lecture
  • 22 June – London – ACID & Boult Wade Tennant – ACID & Boult Wade Tennant IP Seminar and Drinks Link.
  • 22 June – London – London Technology Week – London Technology Week – growing pains: from startup to scale-up – Link.
  • 23 June – London – Managing IP – IP in Asia Forum 2016 Link.
  • 23 June – Leeds – Bristow – IP Licensing & EU Competition Law – Link.
  • 23 June – London – CIPA – Patent Litigation in the United States – Link.
  • 23 June – London – LES Britain & Ireland – LES Annual Conference & AGM – Link.
  • 23 June – London – Practical Law – Life Science Law Forum Link.
  • 24 June – London – CREATe – CREATe FestivalLink.
  • 24 June – London – MBL – Copyright in new mediaLink.
  • 24 June – Southampton – MBL – Intellectual Property Rights in Software – Link
  • 27 June – London – Assimilate IP – Freedom to Operate for the Life Sciences and Pharmaceutical Industries Link.
  • 27 June – Leeds – MBL – All you need to know about the IP Patent Box – Link
  • 28 June – London – ITMA – London Evening Meeting – Link.
  • 28 June – London – Osborne Clarke – PSD2: Where are we now? – Link.
  • 29 June – London – Union IP – Union IP Summer Event – Link.
  • 29 June – London- Osborne Clarke – Copyright, online content and the Commission’s Digital Single Market initiative – Link.
  • 29 June – 1 July – London – ND – New Designers – Part I – Link.
  • 30 June – London – QMUL SIA & WIPO – SEP/FRAND Mediation and arbitration – Link.

CONTINENTAL EUROPE

  • 2 June – Barcelona, Spain – OEPM – Conferencia inaugural BDW 2016 – Link.
  • 5-7 June – Barcelona, Spain – IPBC – 2016 IPBS GlobalLink.
  • 6 June – Madrid, Spain – LES Spain&Portugal – El dictamen pericial sobre infracción y validez de patente: consejos formales, metodológicos y prácticos Link.
  • 7 June – Paris, France – WIPO – WIPO Roving Seminar – Link.
  • 7-8 June – Eindhoven, The Netherlands – Bird&Bird – Internet of Things – Link.
  • 8-9 June – Tirana, Albania – WIPO – WIPO National Workshop for Law Enforcement Officials on Building Respect for Intellectual PropertyLink.
  • 8 -10 June – Ilmenau, Germany – PATON – Kolloquium der Technischen Universität Ilmenau über Patentinformation Link.
  • 8-10 June – Dubrovnik, Croatia – EGA – Joint 22nd Medicines for Europe and19th IGBA Annual Conference Link.
  • 8-10 June – The Hague, The Netherlands – EPO –Search Matters 2016 Link.
  • 9 June – Munchen, Germany – FORUM – Post-grant procedures at USPTOLink.
  • 9 June – Sabadell, Spain – OEPM- Jornada sobre la Protección de la CreatividadLink.
  • 9 June – Lille, France – WIPO – WIPO Roving Seminar – Link.
  • 9 June – Madrid, Spain – OEPM – Conferencia: Arbitraje y mediación en el sector de las TIC, Estándares de Patentes y licencias FRANDLink.
  • 9-10 June – Brussels, Belgium – WIPO – Training Seminar – Mediation in Disputes on R&D and Related Commercial AgreementsLink.
  • 10 June – Stockholm, Sweden – INTA – Young Practitioners & Trademark Administrators Reception: Challenges of a Digital WorldLink.
  • 12 June – Boston, Massachusetts, USA – Copyright Society USA – Annual meeting – Link.
  • 12 June – Boston, Massachusetts, USA – Copyright Society USA – International Chapter Lunch | Beyond Notice & Takedown: Liability Regimes to Address Online Piracy – Link.
  • 13 June – Barcelona, Spain – Marcus Evans – Industrial Design & Innovation Summit 2016 Link.
  • 13-14 June – Montreaux, Paris – Marcus Evans – IP Law Europe Summit 2016 – Link.
  • 14 June – Paris, France – ASPI – PI et MédicamentsLink.
  • 14 June – Paris, France – ASPI – Licenses Frand Link.
  • 14-15 June – The Hague, The Netherlands – EPO – Examination MattersLink.
  • 15 June – Brussels, Belgium – GRUR – 7th GRUR meets Brussels Workshop – link.
  • 16 June – Madrid, Spain – ABG – IP Perspective II – Link.
  • 16 June – Brussels, Belgium – ERA – The adoption of the EU Directive on Trade Secrets – Link.
  • 16 June – Madrid, Spain – FIDE – Cuestiones actuales en materia de diseño industrial: reflexiones para una reforma legalLink.
  • 16 June – Amsterdam, the Netherlands – FORUM – Patent Intelligence – Link.
  • 16-17 June – Munich, Germany – Managing IP – MIP Euro Law Conference 2016 – Link.
  • 16-17 June – Amsterdam, the Netherlands – FORUM – Licensing Link.
  • 20 June – Bonn, Germany – UCLA – UCLA School of Law Information Session: Bonn, Germany – Link.
  • 21 June – Paris, France – Managing IP – IP in Asia Forum 2016 Link.
  • 21 June – Lisbon, Portugal – IPR Helpdesk – UE- América Latina: Desafios na Área da Inovação e da TecnologiaLink.
  • 21-24 June – Valladolid, Spain – 19th International Conference on Cultural Economics – Link.
  • 22-25 June – Dubrovnik, Croatia – ECTA – 35th ECTA Conference – Link.
  • 23 June – Munich, Germany – IBC – Biotech & Pharmaceutical Patenting Conference Link
  • 23 June – Geneva, Switzerland – WIPO – WIPO on the Hague System for the International Registration of Industrial DesignsLink.
  • 23-24 June – Munich, Germany – IBC – Biotech & Pharma Patenting Conference 2016Link.
  • 24 June – Munich, Germany – TUM – Munich International Patent Law ConferenceLink.
  • 24 June – Paris, France – LIDC – Robotics and the Law – Link.
  • 27 June – 8 July – Strasbourg, France – CEIPI – Summer School on IP in Europe – Link.
  • 27 June-1 July – Trier, Germany – ERA – Summer Course on European Intellectual Property LawLink.
  • 30 June – Frankfurt, Germany – Dentons – IT Business Breakfast – Link.

USA & CANADA

  • 6 June – Stanford, CA, USA – Stanford Law School – 13th Annual Stanford E-Commerce Best Practices ConferenceLink.
  • 6-9 June – San Francisco, CA, USA – BIO – 2016 BIO International Convention – Link.
  • 7 June – Washington, DC, USA – CenterForce – IP Summit Strategy – Link.
  • 7 June – Chicago, IL, USA – IPLAC – Cuozzo Speed Technologies—Broadest Reasonable Interpretation
  • 7 June – Durham, NC, USA – LES USA&Canada – Duke Angel Network and other University Affiliated Angel Groups Link.
  • 8 June – Alexandria, VA, USA – USPTO – The economic contribution of technology licensing – Link.
  • 9 June – Chicago, IL, USA – John Marshall Law School – IP CLE Lunch & Learn SeriesLink.
  • 9-10 June – Arlington, VA, USA– AIPLA – 8th Annual Trademark Boot CampLink.
  • 10-12 June – San Coronado Bay, CA, USA – LAIPLA – Spring Conference 2016 – Link.
  • 10 June – Ottawa, Ontario, CA – LES USA&Canada – 2nd Pan-American LESI YMC Event Link.
  • 13 – 14 June – Berkeley, CA, USA – Berkeley Centre for Law and Technology – The 15th Annual Workshop on the Economics of Information SecurityLink.
  • 14 June – Portland, OR, USA – AIPLA – AIPLA 2016 Electronic & Computer Patent Law SummitLink.
  • 14 June – Santa Monica, CA, USA – CLA – Art World 2016: Bankruptcy, Art Consignment, and Resale Royalty 1.5 credits MCLE Link.
  • 15 June – Alexandria, VA, USA – AIPLA & USPTO – Bench and Bar Conference – Link.
  • 15 June – Toronto, Ontario, Canada – LES USA&Canada – Uneven Bargaining Power in Licensing Negotiations (aka How to Talk to Big Pharma or Big Tech) – Link.
  • 15 June – Washington, DC, USA – LES USA&Canada – IP Business Basics 101 – Link.
  • 15 June – Los Angeles, CA, USA – LAIPLA – Women in IP Presents: An Evening Oceanside Chat by the Strand ­– Link.
  • 15 June – San Jose, CA, USA – USPTO – Patent Cooperation Treaty Seminar – Link.
  • 19-22 June – Charleston, SC, USA – Association of Corporate Patent Counsel – 2016 ACPC Summer Meeting – Link.
  • 20 June – San Francisco, CA, USA – CLA – Copyright 101 for Songwriters and MusiciansLink.
  • 20-30 June – Various Cities, USA – INTA – Navigating the IR waters so you won’t drown – Link.
  • 22 June – Dolce Basking Ridge, NJ, USA – LES USA&Canada – Bringing Ideas and Discoveries from Conceptualization to the Marketplace Link.
  • 22 June – Santa Clara, CA, USA – LES USA&Canada – Hot Topics in Patent Licensing – Link.
  • 22 June – San Jose, CA, USA – USPTO – Trademark Madrid Protocol: Update and Tips for UsersLink.
  • 22-23 June – Miami, FL, USA – IACC & UL – Latin America Regional Brand Protection Summit Link.
  • 22-24 June – Atlanta, GA, USA – IQPC – Information Governance Exchange – Link.
  • 23 June – Houston, TX, USA – HIPLA – Monthly HIPLA Luncheon Meeting Link.
  • 23 June – Chicago, IL, USA – IPLAC – 26th Annual Trade Secrets Seminar – Link.
  • 27 June – Venice, CA, USA – CLA – Trademarks for Artists & Creative EntrepreneursLink.
  • 27-29 June – Los Angeles, CA, USA – IQPC – 7th Anti-Piracy and Content Summit . Link.
  • 28 June – Alexandria, VA, USA – USPTO – USPTO IP and 3D Printing Conference – Link.
  • 30 June – Chicago, IL, USA – IPLAC – Ethics in Intellectual Property – Link.

LATIN, CENTRAL & SOUTH AMERICA

  • 8 June – Sao Paulo – ASPI Brasil – Provas Periciais no novo CPC e a Propriedade Intelectual Link.
  • 9 June – Lima, Peru – IPR Helpdesk – Training en Lima: Aprende a proteger tus creaciones en Perú y en Europa – Link.
  • 13-15 June – Bogotá, Colombia – WIPO – Taller de la OMPI sobre servicios de apoyo a la innovación de valor añadido con base a la vigilancia tecnológica y a la inteligencia competitiva para el personal de los Centros de apoyo a la tecnología y la innovaciónLink.
  • 23 June – Sao Paulo – ASPI Brasil – Impactos da Impressão 3D na Propriedade Intelectual Link.

AFRICA, ASIA & OCEANIA

  • 15 June – Melbourne, VIC, Australia – ACLA – 3D printing and copyright: yet another threat for copyright owners Link.
  • 15 June – Colombo, Sri Lanka – WIPO – National Workshop on Increasing the Capacity and Pace for Technology Scouting, Absorption, Adaptation and Commercialization through a ‘Hub and Spoke’ StructureLink.
  • 23 June – Melbourne, VIC, Australia – ACLA – 15 June – Melbourne, VIC, Australia – ACC – VIC: 3D printing and copyright: yet another threat for copyright owners – Link.

 

Giancarlo Moretti LL.M. (QMUL), Ph.D. Candidate (QMUL) @GiancaMoretti

US Supreme Court finds no copyright violation in Google Books Library project

by Sahana Pal

In a landmark decision that brought an end to the decade-long legal battle between Authors Guild and Google, the US Supreme Court dismissed[1] the former’s writ of certiorari on 18 April 2016, effectively agreeing to the Second Circuit Court of Appeals decision[2] that Google has not violated any copyright law in creating their electronically searchable mammoth book library of more than 20 million books.

The Google Books Library Project, a service that started in December 2004, makes and retains digital copies of books and magazines submitted to it by authors and publishers through the Google Books Partner Program, allows the libraries that submitted a book to download and retain a digital copy, and allows the public to search the texts of the digitally copied books and see displays of snippets of text.

Authors Guild, America’s oldest and largest professional organization for writers then brought a suit against Google in 2005, along with Association of American Publishers, alleging “massive copyright infringement”. Their main issue was that Google’s inclusion of book “snippets” was too substantial in nature, thus challenging the definition of “fair use” under section 107 of the US Copyright Code.

The suits were consolidated and a settlement reached, where Google decided to pay $125 million to copyright holders in return for the right to continue using the scanned results. But then a district court ruling rejected the settlement on grounds of Google’s unfair competition advantage. An amended suit was filed in 2011, which got dismissed in 2013, as the district court found the project abiding by the rules of fair use. Authors Guild appealed.

The Court of Appeals for the Second Circuit concluded that Google’s copying was transformative within the meaning of Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 578-585 (1994), did not offer the public a meaningful substitute for matter protected by the plaintiffs’ copyrights, and satisfied § 107’s test for fair use. Specifically, the Court noted that:

[T]he purpose of Google’s copying of the original copyrighted books is to make available significant information about those books, permitting a searcher to identify those that contain a word or term of interest, as well as those that do not include reference to it.

Snippet view adds important value to the basic transformative search function, which tells only whether and how often the searched term appears in the book. Merely knowing that a term of interest appears in a book does not necessarily tell the searcher whether she needs to obtain the book, because it does not reveal whether the term is discussed in a manner or context falling within the scope of the searcher’s interest. For example, a searcher seeking books that explore Einstein’s theories, who finds that a particular book includes 39 usages of “Einstein,” will nonetheless conclude she can skip that book if the snippets reveal that the book speaks of “Einstein” because that is the name of the author’s cat. In contrast, the snippet will tell the searcher that this is a book she needs to obtain if the snippet shows that the author is engaging with Einstein’s theories.

Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests). Snippet view thus adds importantly to the highly transformative purpose of identifying books of interest to the searcher.

Authors Guild expressed disappointment on Supreme Court’s affirmation of the decision, saying the Court was “blinded by the public benefit arguments” resulting in a “colossal loss” for the authors, as effectively the ruling has held “Google, not authors, deserves to profit from the digitization of their books.”[3] Criticizing the Second Circuit’s lack of empathy towards the emerging online book market, Mary Rasenberger, executive director of the Authors Guild commented that “Authors are already among the most poorly paid workers in America; if tomorrow’s authors cannot make a living from their work, only the independently wealthy or the subsidized will be able to pursue a career in writing, and America’s intellectual and artistic soul will be impoverished.”

Google however, was all praises for the judgment, as it believed the decision was in the best interest of the authors as well as the public.

Nevertheless, what can be said for sure without taking sides, is that the decision has certainly stretched the boundaries of “fair use exception” under copyright laws, and opened up a whole new dimension of archival digitization. Especially for non-profits and libraries with limited financial resources, this decision comes as a ray of new hope, as Google Books finally become “legal” after a decade.

Sahana Pal

Assistant Editor, QMJIP

 

[1] Full decision available at http://www.supremecourt.gov/orders/courtorders/041816zor_2co3.pdf

[2] Full decision available at http://www.ca2.uscourts.gov/decisions/isysquery/b3f81bc4-3798-476e-81c0-23db25f3b301/1/doc/13-4829_opn.pdf

[3] See https://www.authorsguild.org/industry-advocacy/supreme-court-declines-review-fair-use-finding-decade-long-book-copying-case-google/

Cadbury’s appeal falls flat as Registrar of Trade Marks refuses to delete part of their purple trade mark

by Sahana Pal

Cadbury’s appeal for deleting an alleged purple series mark from UK Trade Mark Register was recently dismissed by the High Court on 18 April 2016.[1]

The original application was registered on 19 May 1995 (the 876 mark) for a swatch of Cadbury purple and the description of which was given as “The mark consists of the colour purple”. There was an initial objection based on lack of distinctiveness which was eventually overcome. Then the Registrar was concerned with the description of the mark and, following a formal request by Cadbury to clarify that description by a proposed form of words, on 9 September 1997 the Registry responded with a suggestion that the mark be amended to “The mark consists of the colour purple, as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods.”.

But following the 2014 Court of Appeal decision in Societe Des Produits Nestle SA v Cadbury UK Ltd , [where it was held that Cadbury’s attempt of registration of the colour purple (different from the 876 mark) as “applied to the whole visible surface” or being “the predominant colour applied to the whole visible surface” of packaging of chocolate goods lacked the required clarity, precision, self-containment, durability and objectivity to qualify for registration and did not satisfy the requirement of “a sign” that was “represented graphically” for the purposes of EU Directive 2008/95 Article 2] Cadbury apprehended an invalidity attack on its 876 mark as well, and proposed to strike off the section “or being the predominant colour applied to the whole visible surface” from their description – pursuant to the Trade Mark Rules 2008 r.28(5) – thereby limiting the mark to a sign consisting of the colour purple applied to the whole visible surface of the packaging of its goods.

However, the hearing officer dismissed Cadbury’s application, stating that the Court of Appeal’s judgment could not be read to the effect that the verbal description of the mark was actually a description of two marks, and accordingly there was no mark to be deleted at all, making any further proceedings contrary to Trade Marks Act 1994, s 44. Cadbury appealed, contending that the officer had made a material error of principle in not recognising that the 876 mark was a series mark consisting of two marks that differed only as to matters of a non-distinctive character not substantially affecting the identity of the mark, and that, once his error was acknowledged, the appeal had to be allowed.

Mr Baldwin QC, sitting as a Deputy Judge of the High Court, took note of the arguments and held that Cadbury’s proposal was “fundamentally flawed” as

the 876 mark is not a series mark, the description is not of two marks or of a series of marks, there are no identifiable members of any series which might be the subject of a request for deletion, accordingly any request for such a deletion cannot be entertained and the appeal must be dismissed.

He further noted that the Court of Appeal’s reasoning clearly did not apply here, since there the Court had referred to the description of the mark as a whole and did not distinguish between them as two separate marks. In the current case, the mark in suit’s ‘alternative’ description encompassed a large but unknown number of signs with only one characteristic in common – purple being the predominant colour applied to the whole visible surface of the packaging. That single common characteristic was insufficient to satisfy the section 41 criteria for series trade marks, because in a hypothetical sign, although purple might be the predominant colour in terms of area, there could be yellow or green spots as well, which contributed to the sign’s overall distinctive character. The disputed 876 mark thus covered a number of marks which were not part of any series, and consequently, no deletion of the requested wordings was possible.

[1] Cadbury UK Ltd v The Comptroller General of Patents Designs and Trade Marks [2016] EWHC 796 (Ch)

Sahana Pal

Assistant Editor, QMJIP

 

‘The New Trade Mark Defenses System’

by Maria Tsouvali

In 2008 EU Commission decided that it was time for a groundbreaking reform in the European Trade mark system. Eight years later, notable changes have been brought into effect by the new (EU) 2015/2436 Directive and (EU) 2015/2424 Regulation. In the light of this, from 23 March 2016, the name of OHIM became European Union Intellectual Property Office (EUIPO) and the name of CTM changed as to European Union trade mark (EUTM). In this article I will follow the changes relating to trade mark defences.

According to Article 12 of the Regulation[1] and Article 14 of the Directive[2], a Trade mark proprietor is not be entitle to prohibit third parties from using a Trade mark in course of trade where it is the name of a natural person.  As with all of the defences this is subject to the proviso that the use is ‘in accordance with honest practices regarding industrial or commercial matters’[3].

The ‘own name defence’ has been narrowed down to ‘natural persons’, excluding corporations, business entitles and partnerships when relying on that kind of defence[4]. In that case it is crucial for enterprises to consider appropriate searches before adapting tradenames .That would ensure that there are no relevant third-party rights that could potentially be infringed. It is therefore important to declare that this defence has been successful in the past regarding company names. In Stichting BDO and others v BDO Unibank, Inc and others[5] the English High Court held that the defendants’ use of the marks BDO and BDO REMIT did not infringe Stichting BDO’s Community trade mark. Although this case was a rare example of the ‘own name’ defence it succeeding in the UK courts something which was altered under then new legal regime. [6] The previous provision (Article 6 (1) (a) of the TM Directive) has been interpreted broadly by the ECJ as well. In AnheuserBusch v.Budejovicky Budvar the ECJ extended the use to trade names[7].Through those changes Commission seemed to be interested in imposing its original intention rather than letting courts broadening the interpretation of such defence which may cause damage to Trade Mark holders[8].

Due to the current reforms, another significant change has been made. The descriptiveness defence has been extended to cover the use of non-distinctive signs as well. More specifically, signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering service or other characteristics of goods or services can be applied by a defendant in order to avoid trade mark infringement. [9] This will enable Trade mark proprietors of using non-distinctive components of earlier registered marks as decorations or as indications of their own marks. Thus, we assume that the new defence will apply only to those components of registered marks which remain non distinctive and not to the non-distinctive elements which have acquired distinctiveness through use. In that respect its application would be slightly different from the descriptive use exception. [10]Moreover, applications are rejected only when they consist exclusively of non-distinctive elements, so it is possible to register marks that include of non-distinctive components as well. Consequently one may imply that the justification behind the new adaptations is Commissions intention to endow some freedom to Trade mark proprietors.

The reform package brought another fundamental change regarding the extension of the ‘intended purpose’ defence as to a more general referential use. The new amendment of the EU law applies where the use of a third party sign is ‘necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts’.[11]The scope of law is extended to all circumstances where the TM is being used for the purpose of identifying or referring to goods or services as those of the proprietor of the EUTM, offering greater protection for suppliers of accessories or spare parts. [12] Without a doubt, that change offers remarkable freedom to European traders giving them the opportunity to refer to Trade mark owner’s goods or services by using another trader’s mark. This provides equivalent freedom as in the United States where a body of case law has emerged, in which traders are permitted to such acts. [13]Even though this change brought a ‘notional broadening of the exception we should underscore that in terms of reform it did not extend the defence too much[14].  Max Planck Institute had suggested the broadening of the exception as to parodic references as well which was not finally included to the new reform package[15].

Regarding the ‘own name defence’ narrowing the scope of the limitation does not seem appropriate. It creates unequal conditions for trade names in case of conflicts regarding company names. Regarding that issue, there have been disputes within the member states which were resolved by the ECJ to the contrary of what was finally adopted by the new law.[16] Using the rule of proportionality the EU Commission should have tried to balance the rights to property (Art. 1 of Protocol No 1 ECHR) and the rights to freedom of expression (Article 10 ECHR) in favor of the broadening of that exception. Enterprises would be limited in using certain company names which may be well established in course of trade. While every rule is tested by fair use[17] this would not cause any unfair judgements against Trade mark proprietors if the Article kept its broad definition.

On the other hand, regardless the proposals of the Max Planck Institute[18], the EU Commission denied the adaptation of a parody exception in contrast with Copyright Law, where parody exists as a defence (Article 5(3)(k) of the InfoSoc Directive)[19]. In a case where a trader offers goods that have expressive qualities this could lead to trade mark infringement and consequently to restriction of freedom of speech.[20] An example drawn by US case law would be helpful here. In Louis Vuitton Malletier S.A. v. Haute Diggity Dog the plaintiff was selling dog toys under the name ‘Chewy Vuitton’[21] using the name of the famous warehouse. This would have been a case defence under the parody exception if it was finally adopted. In general an exception for communication purposes to protect trade marks in artistic works was denied as well, making us wonder that in vast harmonization processes fundamental rights –like freedom of speech- sometimes are being compressed .

Maria Tsouvali

Assistant Editor  QMJIP

[1] Regulation (EU) 2015/2424.

[2] Directive(EU) 2015/2436.

[3]   L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1062.

[4] Steven James, ’Significant changes to the EU trade mark system ahead’, E- commerce law & policy journal, p 2.

[5] Stichting BDO et al. v. BDO Unibank, Inc et al., [2013] EWHC 418 (Ch).

[6] http://www.inta.org/INTABulletin/Pages/UNITEDKINGDOMOwnNameDefenseSuccessful.aspx

[7] Case C-245/02 – AnheuserBusch v. Budejovicky Budvar.

[8] L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1064.

[9] Art.14(1)(b) of (EU) Directive 2015/2436 and Art 12(1)(b) of (EU) Regulation 2015/2424.

[10] L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1069.

[11] Art 14(1)(c) of (EU) Directive 2015/2436 and Art 12(1)(c) of (EU) Regulation 2015/2424.

[12] Steven James, ’Significant changes to the EU trade mark system ahead’, E- commerce law & policy journal, p 2.

[13] L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1071.

[14] L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1071.

[15] Max Planck Institute,’Study on the Overall Functioning of the Community Trade Mar System’(2010), [2.258]-[2.262].

[16] Case C-245/02 – AnheuserBusch v. Budejovicky Budvar.

[17] Art 14(2) of (EU) Directive 2015/2436 and Art 12(2) of (EU) Regulation 2015/2424.

[18] Max Planck Institute,’Study on the Overall Functioning of the Community Trade Mar System’(2010),[2.262].

[19] http://europeanlawblog.eu/?p=2539

[20]L.Bently and B.Sherman ‘Intellectual Property Law’,(2014),Oxford, p. 1093.

[21] Louis Vuitton Malletier S.A. v. Haute Diggity Dog, (4th Cir. 2007).

#canitrademarkmyhashtag?

by cristinaberra

Hashtags, which first appeared on Twitter with the function of linking users’ posts, have become so popular that they are now widespread on every social media, providing brands with new ways to engage with consumers. Hashtags appear in fact to be a powerful marketing tool, that allows business to drive online conversations about their brands, study consumers’ reactions and ultimately strengthen the connection they have with the public, thus enhancing their brands’ fan base. In such a context, it is not uncommon to see competitors trying to divert the content stream tied to a hashtag with their own products and marketing messages. That is why companies are more and more seeking protection for the hashtags they use, especially through trade mark law. But can a hashtag be registered as a trade mark?

The US Patent and Trademark Office defines hashtags as forms of metadata comprised of a word or phrase prefixed with the symbol ‘#’ and consider them registrable, but only if they function as identifiers of the source of the applicant’s goods or services. It seems then that the registration of hashtags follows the same rules that are applied to any other trade mark’s registration: essentially, the sign has to be capable of distinguishing the goods or services of one undertaking from those of another. This requirement however appears not so easy to meet, as hashtags often tend to be descriptive terms or slogans, which lack inherent distinctiveness. In such situations, the only way to secure registration is to prove secondary meaning, which seems anyway challenging, because slogans are often treated merely as a form of advertisement rather than source identifiers.

Moreover, it is questioned if the registration of hashtags may raise freedom of speech issues, especially given the innate nature of their use: such tools are in fact intended to be disseminated online, by social media users, to group entries into topics and to create links among posts having the same content, and not to be subject to some forms of private property. One of the biggest opponents of the registrability of hashtags is their creator Chris Messina, who believes the effort to trade mark hashtags to be misguided. In his view, “trademarks don’t belong on hashtags. Hashtags are a kind of conversational commons, and should be owned by no one but the crowd.” Companies however assure that they have no intention to prevent customers and fans from using the hashtags as a trade mark, as their only target is to stop competitors from using them for their sole commercial gain, trying to divert the online traffic and use it as an advertising channel.

Turning to trade mark infringement, according to the relevant provisions, if the use of a hashtag creates a likelihood of confusion on the public or makes it appear that there is a connection or link with the trade mark owner, an infringement might then be found. The grounds of an infringement action have of course to be assessed on a case-by-case basis and while considering the facts, the question that the Courts should try to answer is whether the use of the hashtag really has the power to create a likelihood of confusion or association, or simply promotes an intended social media message. In fact, the possibility of posts “going viral” can happen very quickly and in such circumstances a delicate balance should be drawn between the occurrence of infringement and the will of capturing the public’s attention at a given moment.

Ultimately, it will be on the Courts to have the final say on establishing the “legal status” of hashtags and their enforceability as trade marks. Until then, as brands surely will not stop to seek trade mark protection, they should at least #registerwithcaution.

Cristina Berra

Assistant Editor, QMJIP