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Revisions to proposed EU database directive
112 role patent information analysis plays in determining (1) strategies for national technology planning as well as (2) input for corporate planning of a large company. It is followed by an analysis of patent information for technology monitoring, technology and market forecasting and competitor analysis in the electronics sector by carrying out CD-ROM searches of patents in 1994. The effectiveness of this methodology for these purposes is amply demonstrated. While retrospective storage, search and retrieval of full patent documents may continue to be done by national agencies dealing with patent information services, it is now feasible to set up a subject-specific technology alert patent search system (TAPS) to provide inputs for strategic planning based on analysis of current patents tiled globally. Online statistical techniques as patent search tools. N. Lambert, Database, 19(l), 74-78, 1996. Discusses how to use online statistical techniques to help analyse known relevant references. Next, it shows you how to use these techniques to find and judge the relevance of controlled-vocabulary indexing and subject coding. Finally, it discusses and shows examples of some less obvious tricks involving citation statistics that go beyond the usual subject search. All the examples involve patents. This reflects the fact that patents have tbe most search elements to manipulate, some applied by database producers and some by patent offices. However, you can use these techniques not just for patents but for any document with standard format controlled indexing, e.g. the vocabulary terms and subject codes in Medline and Inspec. Europe’s utility model initiative. H. Brieghel, Managing Intellectual Property, Issue 54, 18-20, 1995. In July 1995, a Green Paper on utility models was adopted by the EC. Based on an economic study of some 4000 companies and 1000 attorneys, it proposes harmonisation of utility model protection in the EU, including introduction of legislation where none exists at present. New Community protection right also proposed. Europe and copyright in the information society. A. Watson, Managing Intellectual Property, Issue 54, 31-32, 1995. EC published Green Paper in July 1995. Discussion of feasibility, when considering intellectual property rights to look to existing Community legislation as a guide to future Generally in favour of legislation. strengthening copyright and related rights. Rights owners in Russia suffer as pirates flourish. B. McDonald, Managing Intellectual Property, Issue 55, 10-14, 1995. Russia’s highly regarded intellectual property laws are not generally enforced. Discusses piracy of foreign computer programs, films, sound recordings, etc. (US copyright owners
Literature
Review
estimated to have lost $1 billion), and the problems of criminal and civil enforcement. Suggests companies involved in technology transfer should make maximum use of Russian protection laws. Revisions to proposed EU database directive. A. Horton, Managing Intellectual Properfy, Issue 55, 23-26, 1995. Major provisions of directive are outlinedharmonisation within EU of copyright law applicable to databases and creation of sui generis right to protect database makers against misappropriation of their investment in the form of unauthorised extraction or re-utilisation of the contents of that database. Detailed discussion. The NII white paper and US copyright reform. A. Levine and J. Matheson, Managing Intellectual Propeq, Issue 55, 27-31, 1995. Discusses results of working group appointed by President Clinton to look at intellectual property rights on the information superhighway. (NII-National Information Infrastrucfure). Still retains pro-copyright stance of the Green Paper. Gives details of working group proposals. Germany’s doctrine of equivalents. R. Schuster, Managing Intellectual Property, Issue 55, 32-36, 1995. A recent Decision (on segmentation device) has clarified several features of the Doctrine. Details the development of the Doctrine under German patent law, e.g. moulded kerbstone, the ion analysis case, etc. Considers segmentation device case in detail and draws from it suggestions for applicants in similar position. What the US Congress did for rights owners in 1995. C. Barquist and M. Katz, Managing Intellectual Property, Issue 56, congressional 1l-15, 1996. Reviews intellectuai property activities in 1995. Three significant Bills. Biotech. Process Protection Act, Digital Performance Right in Sound Recordings Act and Federal Trademark Dilution Act. Discuses Policing the Information Superhighway, NII Copyright Protection and Patent Re-examination Reform Acts.
biotechnology and its commercial future together with needs of a successful biotechnology industry. Asks, do we need a directive and, if so, what should it include and exclude. Concludes should delay until it becomes clear that existing patent law is not working adequately in some way or a generally acceptable consensus as to the terms of the law emerges. Does the United Kingdom or the European Community need an unfair competition policy? A. Robertson and A. Horton, European Intellectual Property Review, 17(12), 568-582, 1995. Examines whether
there is a need for a specific unfair competition law and, if so, what form it should take. Looks at additional protection from the 1994 Trade Mark Act and goes on to look at the EC. Describes present situationconcludes European unfair competition laws go further than English and Federal US law in four areas. A full discussion with 151 references. The proposed EU directive for the legal protection of databases: a cornerstone of the information policy. L. Kaye, European Intellectual Property Review, 17(12), 583-588, 1995. After defining databases,
discusses copyright in a database and scope of copyright protection and rights of database maker under sui generis right and relationship between copyright and sui generis right in a database. Concludes still some way to go before this directive becomes law-database makers need to start getting right strategy in place. Can the shape of products be trade marks? A Brazilian and international perspective. D. Daniel, European Intellectual Property Review, 17(12), 589-593, 1995. Review of Brazilian law together with 16 other countries. Need for harmonisation of laws on 3D marks. Concludes there is a clear international trend in direction of acceptance of shapes of products and packaging elements. Additional subject matter and claim European broadening. D. Musker, Intellectual Property Review, 17(12), 594-600, 1995. Describes EPC legislative
Another step on the road to Euro design A. Harrington, Managing protection. Inrellectual Property, Issue 56, 21-25, 1996. Looks at plans to initiate European protection of designs and the changes made to the proposals following scrutiny from European parliament. Discussion includes spare parts for automobiles “must fit” limited monopoly for repairs or “must match”. Proposed directive very specific.
framework concerning amendment of patents so as not to add new subject matter. Number of EPO decisions given together with some UK case law. Concludes that refusal is more likely than acceptance. JPO recently introduced similar laws and now await changes in US to see if they give up freedom to amend.
The biotech directive: does Europe need a new draft? R. Nott, European Intellectual Property Review, 17(12), 563-567, 1995. Briefly discussed benefits and dangers of
European Intellectual Property Review, U(l), 3-5, 1996. Wagamama decision is said to
The Wagamama decision: back to the dark ages of trade mark law. A. Sanders,
undermine the legitimate interests of trade mark holders and furthermore to frustrate the
Literature
Review
estimated to have lost $1 billion), and the problems of criminal and civil enforcement. Suggests companies involved in technology transfer should make maximum use of Russian protection laws. Revisions to proposed EU database directive. A. Horton, Managing Intellectual Properfy, Issue 55, 23-26, 1995. Major provisions of directive are outlinedharmonisation within EU of copyright law applicable to databases and creation of sui generis right to protect database makers against misappropriation of their investment in the form of unauthorised extraction or re-utilisation of the contents of that database. Detailed discussion. The NII white paper and US copyright reform. A. Levine and J. Matheson, Managing Intellectual Propeq, Issue 55, 27-31, 1995. Discusses results of working group appointed by President Clinton to look at intellectual property rights on the information superhighway. (NII-National Information Infrastrucfure). Still retains pro-copyright stance of the Green Paper. Gives details of working group proposals. Germany’s doctrine of equivalents. R. Schuster, Managing Intellectual Property, Issue 55, 32-36, 1995. A recent Decision (on segmentation device) has clarified several features of the Doctrine. Details the development of the Doctrine under German patent law, e.g. moulded kerbstone, the ion analysis case, etc. Considers segmentation device case in detail and draws from it suggestions for applicants in similar position. What the US Congress did for rights owners in 1995. C. Barquist and M. Katz, Managing Intellectual Property, Issue 56, congressional 1l-15, 1996. Reviews intellectuai property activities in 1995. Three significant Bills. Biotech. Process Protection Act, Digital Performance Right in Sound Recordings Act and Federal Trademark Dilution Act. Discuses Policing the Information Superhighway, NII Copyright Protection and Patent Re-examination Reform Acts.
biotechnology and its commercial future together with needs of a successful biotechnology industry. Asks, do we need a directive and, if so, what should it include and exclude. Concludes should delay until it becomes clear that existing patent law is not working adequately in some way or a generally acceptable consensus as to the terms of the law emerges. Does the United Kingdom or the European Community need an unfair competition policy? A. Robertson and A. Horton, European Intellectual Property Review, 17(12), 568-582, 1995. Examines whether
there is a need for a specific unfair competition law and, if so, what form it should take. Looks at additional protection from the 1994 Trade Mark Act and goes on to look at the EC. Describes present situationconcludes European unfair competition laws go further than English and Federal US law in four areas. A full discussion with 151 references. The proposed EU directive for the legal protection of databases: a cornerstone of the information policy. L. Kaye, European Intellectual Property Review, 17(12), 583-588, 1995. After defining databases,
discusses copyright in a database and scope of copyright protection and rights of database maker under sui generis right and relationship between copyright and sui generis right in a database. Concludes still some way to go before this directive becomes law-database makers need to start getting right strategy in place. Can the shape of products be trade marks? A Brazilian and international perspective. D. Daniel, European Intellectual Property Review, 17(12), 589-593, 1995. Review of Brazilian law together with 16 other countries. Need for harmonisation of laws on 3D marks. Concludes there is a clear international trend in direction of acceptance of shapes of products and packaging elements. Additional subject matter and claim European broadening. D. Musker, Intellectual Property Review, 17(12), 594-600, 1995. Describes EPC legislative
Another step on the road to Euro design A. Harrington, Managing protection. Inrellectual Property, Issue 56, 21-25, 1996. Looks at plans to initiate European protection of designs and the changes made to the proposals following scrutiny from European parliament. Discussion includes spare parts for automobiles “must fit” limited monopoly for repairs or “must match”. Proposed directive very specific.
framework concerning amendment of patents so as not to add new subject matter. Number of EPO decisions given together with some UK case law. Concludes that refusal is more likely than acceptance. JPO recently introduced similar laws and now await changes in US to see if they give up freedom to amend.
The biotech directive: does Europe need a new draft? R. Nott, European Intellectual Property Review, 17(12), 563-567, 1995. Briefly discussed benefits and dangers of
European Intellectual Property Review, U(l), 3-5, 1996. Wagamama decision is said to
The Wagamama decision: back to the dark ages of trade mark law. A. Sanders,
undermine the legitimate interests of trade mark holders and furthermore to frustrate the