LEGS8007 Class 13.2

We had a Q& A session. There weren't many questions.  Mostly it was questions about questions.

LEGS8007 Class 13.1

We had a revision Q&A session

We will have another on Wednesday

LEGS8007 Classes 12.2 & 12.3

Monday 01 May was a holiday

Part 28 & 29

We looked at Patents. It was a bit rushed but we covered the key points and issues.  The classroom projector let us down but playing presentations from Apple's iCloud actually works.  My voice failed about 80 mins in.

I spoke a bit about the essays and the exam.

We will have a revision sessions on Monday and Wednesday of next week. However students will be expected to bring specific questions. Don't just up with nothing an expect me to do a party piece. Questions e-mailed in advance will get especially thorough answers.

LEGS8007 Class 11.2 & 11.3

Part 26

We looked at the Uniform Domain-Name Dispute-Resolution Policy (UDRP)


Part 27

Each students got a UDRP case to analyse and present to the class.

LEGS8007 Class 11.1

Part 25

We looked at Relative Ground for trademark refusal (EUTMR Article 8)

Cases:
SuperMacs v McDonalds Case R0484/2016-1

LEGS8007 Is your chocolate bunny distinctive?

I hope you are enjoying the Easter break.  While you are munching on your chocolates today take some time to consider the Lindt Chocolate Bunny.

Do you consider the shape of the bunny to be distinctive? What about the gold wrapper? Or the red ribbon with the bell? Are they distinctive elements that can serve as indicators of origin?  Or are they all just things commonly used in the trade.  What about the combined effects of all three elements?

When you see a bunny with this shape, gold foil, and a red ribbon with a bell do you recognise it as one manufactured by Lindt?  The Court of Justice of the European Union doesn't think so. You can read the full 2012 decision in Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

LEGS8007 Class 10.2 & 3

Part 24 & 25

[contains strong language]

We continued our look at marks that are refused under Article 7(1)(f).

We discussed the essays and the exam. I encouraged students to get drafts os the essays to me soon, so I can give feedback.

I had hoped to finish with trade marks today so that we could move onto Patents. But we still have a bit to go.

I might put some classes online.

LEGS8007 Class 10.1 Immoral Trade Marks

Part 22

[contains strong language]

We looked at marks "contrary to public policy or to accepted principles of morality".  That took longer than I thought so we will continue with this topic in the next class.

LEGS8007 EUIPO Video

Chapter II: There are only 5 steps to filing

Chapter III: What happens after the application

LEGS8007 Class 09.2 & 09.3

Parts 20 & 21

We looked at the Absolute Ground for Refusal

Before class I distributed copies of

• EUTMR Article 7 & Article 8
• Connemara Mussels Application 009558933 Case R 1904/2011-2
• FCUK Trade Mark [2007] R.P.C. 1 Decision O/137/06

LEGS8007 Class 09.1

Part 19

We looked at colours, sounds, shapes, and 3-d shapes as marks

LEGS8007 Class 08.2 & 08.3

Part 17

We looked at the trademark registration process. We examined the Nice classification for products and services.  We looked at some well know Irish marks and the classes for which they were registered.  Students completed an exercise with random pages from a catalog and we learned that electrical and non-electrical doorbells, for example,  are in different classes.  Sometimes it's necessary to consult the detailed listings.

Part 18

What can be a trademark? We looked at the Sieckmann Criteria and considered smells and single colours.  I explained the concept of acquired distinctiveness through use.

LEGS8007 Class 08.1

Part 16

We watched some videos from the WIPO about how the Madrid System works.

We looked at the harmonisation and internationalisation of trade mark law, with a particular emphasis on Europe.

LEGS8007 Clases 07.2 & 07.3

Part 14

We began out look at Trade Marks.  We looked at the evolution of trade marks from makers' marks that functioned as a liability to the assets that were valuable.

We looked at passing off.


Part 15

UK Trade Mark No. 1

We looked at the development of a trade mark register in the UK and in particular how it was a prerequisite for reciprocal protection of marks abroad. This led to the Paris Convention.

LEGS8007 Week 07 Tutorial

Nobody turned up

LEGS8007 Copyright Extra

It's time to move on from Copyright.

There are three areas we didn't get to address in class

• Creative Commons
• Orphan Works and
• Proposals for Reform

LEGS8007 Class 07.1

Part 13

We looked "communication to the public" and the law surrounding hyperlinks to content.

I gave out printed copies of McCambridge Limited v Joseph Brennan Bakeries [2012] IESC 46 in anticipation of us moving on to trade marks in the next class

LEGS8007 Classes 06.2 & 06.3

Part 11

I gave out a copies of Kelly v Morris reproduced from The Law Times and a press release from the ECJ on SABAM v Netlog.  I was keen for students to see an example of a law report, and in particular to see the kind of language lawyers sometimes have to deal with.  The contrast with the ECJ press release is startling.

We discussed at the challenges new technologies have posed for copyright enforcement and the approaches that rights holder have taken in recent years.  In particular we looked at Digital Rights Management (DRM) schemes.




Part 12

We explored the roles of services provides (such as YouTube) and ISPs (such as Eircom and UPC) is assisting rights holders in their efforts to discourage copyright infringement, and the extent to which they can be compelled to provide assistance.


Exam Questions:

Assess the effectiveness of technological Digital Rights Management (DRM) schemes in balancing the rights of copyright holders and consumers.

How can online services providers avoid liability for copyright infringements by their customers. 

That concludes our look at copyright.

In the next class I hope to talk about the assessment regime for the module.

Next up we will look a the copyright implications of hyperlinks

LEGS8007 IP Law Podcasts

I have compiled a selection of radio stories about IP Law. You can subscribe using this RSS feed:
https://huffduffer.com/colinmanning/tags/cit-legs8007/rss

The easiest way listen is using a podcasting application such as iTunes on a desktop, or Podcasts on your iPhone.

Alternatively you can browse through the stories at
https://huffduffer.com/colinmanning/tags/cit-legs8007

LEGS8007 Class 06.1

Part 10

We looked at copyright protection for compilations of factual information  and the EU's Database Right.

Cases:
Kelly v Morris (1865-66) L.R. 1 Eq. 697
Cramp (GA) & Sons Ltd v Frank Smythson Ltd [1944] AC 329
Kenrick v Lawrence (1890) 25 Q.B.D. 99

Feist Publications v Rural Telephone Service 499 US 340 (1991)

Bell South v Donnelly Information Publishing 999 F 2d 1436 (11th Cir, 1993)

British Horseracing Board v William Hill [2001] RPC 31