Recent periodicals
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The September 2008 issue of Sweet & Maxwell's monthly IP flagship journal, the European Intellectual Property Review, has commendably come out ahead of its cover date once again. In this issue the IPKat's venerable old friend Axel von Hellfeld (Wuesthoff & Wuesthoff), "Patent infringement in Europe: the British and German approaches to claim construction or purposive construction versus equivalency", which is based on a paper Axel delivered in Australia in March 2007. This piece charts the old British Catnic/Improver test against its German counterpart, the Schneidmesser test, with some fascinating results.
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The Kat was also glad to spot a dissertation by a rather younger friend James Tumbridge (Gowlings) on whether the Canadian Supreme Court has anything to teach the British -- with their tiny quantity of case law on famous marks -- on a subject that will not develop much in this country until the Court of Appeal for England and Wales, armed with the ECJ's ruling in Intel v CPM (see IPKat's comment on the Attorney General's comment here), gets a steady diet of cases for their Lordships to practise on.
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Right: trade negotiators enjoy a little relaxation in between rounds of negotiation
The author, the prolific Antony Taubman, is Director, Global IP Issues Division, at the World Intellectual Property Organization (WIPO) - a job that the IPKat would dearly like to if it didn't mean having to spend so much time (i) listening politely to other people and (ii) having to publish a disclaimer everytime he said something interesting. This is a must-read for any trade negotiator, though the Kat doubts that many of them would pick up the subtle messages this article contains.