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Intellectual Property eBulletin | September 2007

Intellectual Property

Intellectual Property eBulletin | September 2007

Welcome

to our new IP Newsletter, which we plan to circulate monthly. We will also be mailing a quarterly hard copy publication with more news and articles. In this eBulletin, our aim is to produce something which is short, easy to scan, and is a helpful guide to recent developments in the IP world. Our clients and colleagues have interests spanning the whole of the IP spectrum, from content to brands to delivery, and across many industries including media and entertainment, communications, technology and products. Not everything in this issue will be relevant to everyone. But we hope that over time there will be something here for everyone. And we would very much welcome your thoughts and feedback if there are things that you would like to see here, and which will make it more useful for you.


Bonus Games not patentable

Four related patent applications by IGT, the supplier of gaming machines and systems, were found unpatentable by both the UK Intellectual Property Office and the High Court. The games in question, which gave the player a free bonus game, were denied patent protection as they were concerned with the method of the game rather than the apparatus for playing it. This is the latest in a series of cases dealing with subject matter which is inherently unpatentable in England, including methods of doing business and software "as such".

Write it Down and Beware the Freelancer

Another reminder that the first owner of commissioned software (and other types of copyright works) is the developer and not the commissioner, unless he's an employee, or there is an express agreement which says that the copyright will be owned by the commissioner.

The wheels have come off for esure

Direct Line has successfully opposed esure's application to register its mouse-on-wheels device as a trade mark on the grounds that it would dilute the reputation that Direct Line has in its well known telephone-on-wheels trade mark.

Cheap Cigars?

There's finally a chink in the armour of brand owners who rely on trade mark registrations to prevent genuine product being sourced and supplied (usually cheaper) from abroad and outside their "authorised" distribution channels.

UK Trade Mark Registration Practice

In an important change to the Trade Marks Registry practice, it will become easier from 1 October to secure UK trade mark registrations. However, anyone who already has a registered trade mark will in the future need to be more proactive in order to stop others from registering conflicting marks.

Intellectual Property Contacts
Mark Owen
Direct Dial: 020 7667 5142
Andy Millmore
Direct Dial: 020 7667 5153
Lucy Sladojevic
Direct Dial: 020 7667 5079
Lee Gage
Direct Dial: 020 7667 5113
Adam Mitton
Direct Dial: 0207 667 5082

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