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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 21 JANUARY 2015
"Intellectual Property: Use it or Lose it?",

The CIPIL Annual Spring Conference 2015, "Intellectual Property: Use it or Lose it?", takes place in the Faculty of Law, University of Cambridge, on Saturday, 7 March 2015, from 10.00 am-5.00 pm.  According to the organisers:

This one day conference seeks to explore the apparently increased place of the obligation of use within intellectual property law. We begin with a review of recent developments in case-law and legislation across the three fields (trade marks, patents, copyright). We conclude by reflecting on the relationship between obligations to use and property rights, the harms caused by those holding but not using IPRs, and various ways in which use might be incentivised (including pricing mechanisms imposing penalties for non-use), and issues of territoriality.

Different fields of intellectual property law operate with different expectations as to whether an intellectual property right owner will exploit their intellectual property, and how the law should respond if the rightholder decides not to do so.

Trade mark protection was (in Britain, at least), for some time, premised on the idea that the trade mark owner was using the mark, and, even when registration came to be permitted prior to use, provisions were introduced limiting the effects of marks that had not been used and making possible their revocation. In passing off, if a trader who has built up goodwill ceases to trade (or ceases simply to use the sign with which the goodwill has become associated), the goodwill is presumed gradually to dissipate.

Patents and copyright are also addressed in light of the same theme. Mr Justice Arnold is in the chair and speakers include Hazel Carty (University of Manchester, on Dissipation of goodwill), Emma Himsworth QC (One Essex Court, on genuine use), Professor Robert Burrell (University of Sheffield, on proper reasons for non-use), Professor Robert Bone (University of Texas, on what is wrong with not using IP?), Henning Grosse-Ruse Khan (University of Cambridge, on the idea of use in the global marketplace) and Professor Georg von Graevenitz (UEA London, on empirical evidence and incentives to use).

MARQUES Council Member Roland Mallinson has asked Class 46 to bring this unusual and highly-focused event to the attention of our readers, which we are happy to do.

There is also a drinks reception kindly, sponsored by Cambridge University Press

Cost: £90 (full rate), £65 (academic rate), £45 (student rate). To book a place via the electronic booking system here, or email Sophie Eastwood here.

Posted by: Blog Administrator @ 22.50
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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