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European Intellectual Property Review



Volume 29, Issue 2, February 2007



Published: Wed, 14 Feb 2007 10:09:37 EST

 



Opinion

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007



Are GIs IP?

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.39
With their inclusion in the TRIPS Agreement, the concept of geographical indications, that had previously received little consideration outside Europe, became the focus of significant attention in the IP world, as a "new" form of IP. This article questions whether geographical indications are indeed a form of intellectual property.



Articles

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007



The Case against Patenting Methods of Medical Treatment

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.43
TRIPS allows Member States to determine the patentability of methods of medical treatment. The traditional position, still adhered to in the United Kingdom and New Zealand, is that such methods are not patentable. Australian courts, in contrast, have decided such methods are patentable. There remain, however, good policy reasons for continuing to deny patent protection for methods of medical treatment.



Protecting Television Show Formats under Copyright Law: New Developments in Common Law and Civil Law Countries

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.52
This article highlights the copyright protection afforded to formats of game shows and other forms of reality television in key markets of common law and civil law countries. It argues that the courts in the USA and Australia are more readily prepared to regard formats as copyrightable per se although an imitator of such a format will avoid copyright infringement with minor changes to his own version. However, with the growing acceptance of the idea of protecting the "total concept and feel" of programmes the courts will also be more readily prepared to find infringement. In contrast, recent developments in the United Kingdom, New Zealand and Germany indicate that the courts here will maintain a restrictive approach and deny copyrightability of formats. It will further be suggested that the discussions for a need of a recognised television format right is misleading and that the format market has become self regulating as to render such right nugatory.



Technical Measures of Protection versus Copy for Private Use: Is the French Legal Saga Over?

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.61
This article comments on the confrontation between technical measures of protection and the exception for private copying in the light of the recent legislative developments regarding this topic in France.



Canada's Robertson Ruling: Any Practical Significance for Copyright Treatment of Freelance Authors?

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.66
Canada's Supreme Court ruled that publishers need permission from freelance authors before reproducing their works in online databases. Still, the court defers to private ordering to clarify ambiguities in new use clauses that will continue to persist as technologies evolve to the authors' detriment. Thus this decision will have little, if any, impact in practice.



Comments

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007






The Meaning of Spam

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.73



Book Reviews

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007



Terrell on the Law of Patents

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.76



The TRIPS Regime of Trademarks and Designs

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.76



National Reports

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007



An international review of recent cases and legislation

Wed, 14 Feb 2007 10:09:37 EST

Volume 29, Issue 2, February 2007 p.N-21