IP Glossary: A

Revised 25 Jan and 15 May 2017

Account of Profits
A remedy for infringement of an IPR. Assessment of the profits that a wrongdoer has gained from his or her wrongdoing.
Anticipation
One of the grounds upon which a patent can be revoked. Essentially that the invention is not new. In Synthon BV v. Smithkline Beecham plc (20 Oct 2005) [2006] 1 All ER 685, [2005] UKHL 59, [2006] RPC 10, the House of Lords said that anticipation requires an enabling disclosure of subject-matter which, when performed, must necessarily infringe the patented invention.
Appointed Person
Appeal tribunal from hearing officers’ decisions.
Artistic Work
S.4 (1) of the CDPA defines an artistic work as a graphic work, photograph, sculpture or collage, irrespective of artistic quality, a work of architecture being a building or a model for a building, or a work of artistic craftsmanship. “Graphic work” includes any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work.
Artist’s Resale Right
The right of an artist to claim a portion of subsequent sales of certain types of artistic works.
Assignment
The transfer of the intellectual property rights of one party known as the assignor to the other party known as the assignee.
Author
The person who creates a copyright work.

Popular posts from this blog

The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important

Image
Jane Lambert

Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge)  Eli Lilly v Actavis UK Ltd and others[2017] UKSC 48 (12 July 2017)

What the Appeal was about
The pharmaceutical company Eli Lilly and Co ("Lilly") has developed a drug called pemetrexed which it markets under the brand name Alimta for the treatment of various types of cancer. Used on its own, pemetrexed has unpleasant side effects that can sometimes be fatal but these can be avoided when it is administered as a compound called pemetrexed disodium in combination with vitamin B12.

The use of pemetrexed disodium in the manufacture of a medicament for use in combination with vitamin B12 (and, optionally, folic acid) for the treatment of cancer is monopolized in the United Kingdom, France, Italy, Spain and a number of other European countries by European patent number No 1 313 508. There are also corresponding patents for the same invention in many other countries around the world.

This medicine is no…
Read more

When it comes to the Crunch: CRUNCH MORTGAGES and bad faith

Image
Jane Lambert

An exception to the rule that a trade mark registration cannot be challenged for non-use in the first 5 years after registration is where the application to register the trade mark was made in "bad faith". The legislative mechanism is provided by s.47 (1) of the Trade Marks Act 1994:

"The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 3 or any of the provisions referred to in that section (absolute grounds for refusal of registration)."

Subsection (6) of s.3 provides:

"A trade mark shall not be registered if or to the extent that the application is made in bad faith."

But what does "bad faith" mean exactly? In Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and others[2009] Bus LR D81, [2008] EWHC 3032 (Ch), [2009] RPC 9, Mr Justice Arnold reviewed the Engish and European cases and concluded that it connoted not only dishonesty but also "…
Read more

Cakes and Copyright

Image
Jane Lambert

According to the BBC, the US food blogger Elizabeth  LaBau has brought proceedings against the publishers of The Food Network for copyright infringement (see "US food blogger sues Food Network over snow globe cakes"  3 June 2017). Copyright infringement falls within the jurisdiction of the federal courts in the USA so I looked up recent filings in the US District Court and found that proceedings had been filed on 1 June 2017 by William Bowen on behalf of Ms LaBau against Television Food Network GP in the US District Court for the Central District of California.

 Ms LaBau blogs about cakes and desserts in her SugarHero! blog. One of her confections is "Snow Globe Cupcakes with Gelatin Bubbles". The BBC reports that Ms LaBau does not complain that copying her recipe infringed her copyright as "it is almost impossible to claim copyright over a list of ingredients" but she does object to the copying of a video explaining how to make the cupcakes,…
Read more