SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Analysis: Monkey In The Middle Of Selfie Copyright Dispute

The recent case of a monkey selfie that went viral on the web raised thorny issues of ownership between a (human) photographer and Wikimedia. Two attorneys from Morrison & Foerster sort out the relevant copyright law.


Latest Comments
  • A VPN is a virtual private network, which generall... »
  • Interesting case. I would have hoped for more ela... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    Samsung Lawyer Assesses IP Legal Battle With Apple

    Published on 19 March 2013 @ 2:27 pm

    By for Intellectual Property Watch

    Cape Town, South Africa – Professor Charles Gielen, an insider in the epic design war between Apple and Samsung, has described the hostile standoff between the two corporate giants as a shape-shifting space for intellectual property laws following the different interpretations of IP law the case has evoked from the courts.

    Gielen was the guest speaker at the annual public lecture of the Chair of Intellectual Property Law in Stellenbosch University’s Faculty of Law here recently. Professor Gielen of Groningen University in the Netherlands was also a key member of the litigation team representing Samsung’s side in the design wars when another chapter of the battle was staged in the Netherlands.

    The Apple v. Samsung legal battlefield has played out in the United States, United Kingdom, Germany, the Netherlands, Spain, Australia and South Korea.

    In the United States, the jury verdict which found patent and some design infringement against Samsung is on appeal. In Germany and Spain, the cases are pending, and the Office of Harmonization for the Internal Market (OHIM), which handles registration of trademarks and designs, is considering a request by Samsung to nullify and to invalidate some of Apple’s designs there.

    Gielen describes Apple’s strategy to fight Samsung in various jurisdictions in the world as “a game of chess” and said that Apple’s decision to take on Samsung this way meant that various court decisions allow for “many balls to play with.”

    Apple took on Samsung in the areas of design right, copyright and patents. Specifically, Apple’s design right to the tablet (not the iPad) versus Samsung’s 7.7, 10.1 and the 10.1v tablet models.

    Apple is also fighting Samsung on the issue of design rights to phones such as the iPhone4 versus some of Samsung Galaxy phones.

    However, according to Gielen, Apple may have missed a valuable trick in its evaluation of its arsenal against Samsung.

    “Why did Apple not file for trademark registrations?” Gielen said. “Could this not have been a trademark, because shapes can be a trademark. The problem with that is under the rules of the European Court of Justice on 3D marks, it is extremely difficult to get a trademark of a shape unless you show as the Americans call it, secondary meaning … maybe Apple could have had a good chance there, I don’t know.”

    Gielen also said that Apple may have, in his opinion, over-filed. “Apple filed registrations for the outward appearance of the iPad but they didn’t invoke them vis a vis Samsung for obvious reasons.”

    That’s because Apple registered the design right for the tablet instead of waiting for the iPad, he said. By then registering the iPad design, Apple would have been admitting that the iPad, which looks like the original tablet design but with subtle changes, was above board – that it is okay to come up with a tablet with subtle changes.

    “I think Apple over-filed,” says Gielen. “When you’re a big company, you’ve got to ask yourself: are you waiting until you have a product or just filing everything that comes out of your office?”

    The court’s decision in the Apple vs Samsung battle centres on what is called an “informed user,” someone who is a middle man between the average consumer and a sectoral expert. However, there have been different legal interpretations of what the so-called informed user perceives in the Apple vs Samsung matter.

    As an illustration of the diverse interpretation of the concept, Gielen pointed to the example of the role of trademark on the Samsung tablet.

    The judge in the High Court of London ruled: “I find that the presence of writing on the front of the tablet is a feature which the informed user will notice…the fact that the writing happens to be a trademark is irrelevant. It is ornamentation of some sort.”

    However, the court of appeal in Dusseldörf, Germany ruled differently. It said: “Design law protects designs not trademark rights from the risk of confusion. Design protection must be seen in isolation from the manufacturer of the specific product sold. … A design does not become a different design … simply because it is offered for sale by another manufacturer under its name,” according to Gielen.

    Gielen also touched on the matter of prior art as a consideration by the courts in the legal battle between Samsung and Apple.

    “If we take a design like the one of Apple, how should we deal with all the prior computer screens, [and] tablets that were around and how should we deal with that in comparison to the Apple design,” he asked.

    Prior art works on the principle of a one-to-one comparison between two products, and is not an evaluation of common elements “because if you look closely to these designs you will see almost all the features of the iPhone,” he explained.

    There appears to be no end in sight in the near future with regards the Apple vs Samsung design war given the high stakes involved.

    Gielen declined to discuss litigation costs for the legal team he was a part of in defending Samsung in the Netherlands except to say, “these figures are tremendously high…a simple infringement case in the US with a jury costs $2 million. It’s a lot of money.”

     

    Linda Daniels may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 54.226.116.197