08 October 2005

IPR Helpdesk: New Offerings

I have previously mentioned the IPR Helpdesk in the context of their European patent briefing paper. They have now produced two other useful guides, one on geographical indications and the other on licences.

Their paper on geographical indications covers Council Regulation 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs and Council Regulation 1493/1999 on wine. It does not explore alternative means of protection such as trade marks and passing off. We have an article on those issues on our IP/it-Update website entitled "Geographical Indications" with links to the relevant EC and national legislation and other materials.

The briefing note on licensing entitled "Core Content of Licensing Agreements" is workmanlike enough save that I am not sure that a non-competition clause is permissible. While we are at it, can anyone explain a "Salvatorian clause" to me. My college at St Andrews was called St Salvator's but I doubt that it has anything to do with that. Is it perhaps what we would call a severance provision or even a no waiver clause?

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