|Tefnut, rain goddess|
CLA) are offering a prize of £1000 to be awarded for an essay submitted by a student, trainee solicitor, pupil barrister, devil barrister (from Scotland) or trainee patent and trade mark attorney on the following topic:
Is there a role for Euro-defences following Sun v M-Tech?
Should there be a role for Euro-defences to intellectual property infringement and, if so, when? A trade mark gives the proprietor the exclusive right to control the first marketing of goods bearing the mark in the EEA. In the recent case of Oracle v M-Tech Data Limited  UKSC 27 [noted by IPKat guest blogger Eleonora here], the Supreme Court was asked to consider the relationship between that right and the treaty provisions relating to the free movement of goods (Arts 34-6 TFEU) and competition law (Art 101 TFEU). It is settled law that there are circumstances in which anti-competitive agreements can render intellectual property rights unenforceable, as recognised by the Court of Justice in Cases C-40/70, Sirena and C-144/81, Keuerkoop. The Supreme Court, however, held that the unlawful conduct alleged by M-Tech was collateral to the monopoly that the claimant was seeking to enforce and therefore that its particular Euro-defences could not succeed. But how far does the impact of the decision extend, does it apply to all intellectual property rights, is it correct, and what are the principles that should be applied (a) at a preliminary stage and (b) at trial?Do enter this competition if you can, otherwise the panel of judges will have nothing to read. And if you win, don't forget to tell the CLA that you heard all about this competition from the IPKat ...
The essay must be of a maximum length of 5,000 words (inclusive of footnotes) and the closing date for submission of entries is 28 February 2013. Entries should be formatted on A4 in at least 11 point font and 1.5 spacing with footnotes at the bottom of the page, and submitted in electronic form to the CLA secretary, Sharon Horwitz at firstname.lastname@example.org.
Entrants should please place a codeword instead of their real name on the essay and include both the codeword and real name, with confirmation that the author satisfies the entry qualifications, in the covering e-mail. Those already qualified as lawyers whether in the United Kingdom or a foreign jurisdiction are not eligible for the prize and the entry qualifications apply as at 28 February 2013.
news that Russian businessman and marketing expert Stanislav Kaufman has recently obtained a trade mark registration for lollipops shaped like the circular braid traditionally worn by Ukrainian former Prime Minister Yulia Tymoshenko. The trade mark Yulkiny Sosulki ("Yulia’s Icicles") has been registered in Russia for lollipops (Class 30). The lollipops will have five flavours and are expected to appear on the Russian market soon.
Kaufman is said to be the brain behind other provocative, politically themed trade marks, namely the Putinka and Volodya and Medvedi vodka brands [noted by the IPKat here] that make reference to the names of Russia’s President Vladimir Putin and Prime Minister Dmitry Medvedev. The lollipop trade mark is reported to have infuriated Tymoshenko’s supporters.
here. Comments must be received no later than 5pm, Eastern Daylight Time (EDT) on 5 November 2012 [it may be that the deadline will be extended on account of the effect of Hurricane Sandy, but the Kat has no direct information on this matter]. Communications should be sent to Jason Okai, Counsel, Office of Policy and International Affairs at email@example.com.