NISCAIR Online Periodicals Repository Collection: JIPR Vol.17(3) [May 2012]

Colour Markability: Registrable in Few Nations, but Debatable among Many!

Sat, 28 Apr 2012 22:58:59 GMT

Title: Colour Markability: Registrable in Few Nations, but Debatable among Many!

Authors: Yang, Deli

Abstract: Colour marks have been equally debatable before and after they became registrable in few countries. Before some landmark cases set the broad legal framework for colour mark protection, debates centred on the registrability. Nowadays, registrability remains an issue, but heightened debates have been surrounding the conditions and interpretations of this non-traditional mark. With the increasing importance of marks for businesses and organizations, colour mark issues have become internationally controversial. This Global IP debate thus, opens with two landmark cases: Qualitex v Jacobson and BP v Woolworths. It then focuses on some conceptual issues relevant to the colour mark itself, its origin with relevant exemplar cases and historical evolvement, to enrich the legal framework and accumulate case experience to resolve colour mark disputes. Next, this column discusses the debates for or against colour mark registrations by drawing arguments and reasoning from scholars and practitioners. The debate ends with some reflections and a possible solution.

Page(s): 246-250

Exceptions and Limitations in European Union Copyright Law

Sat, 28 Apr 2012 22:58:59 GMT

Title: Exceptions and Limitations in European Union Copyright Law

Authors: Cook, Trevor

Abstract: Most countries, including all those in the EU, provide for exceptions and limitations to copyright by exhaustively listing and defining in their copyright laws all such permitted exceptions and limitations. The United States has been an exception in this respect, having instead a so called ‘fair use’ approach which provides four parameters for its courts to apply. Some EU Member States, unhappy at the inflexibility of their respective approaches to this issue are now starting to explore to what extent they can move towards a ‘fair use’ approach. This article considers why this issue has become a particular problem in the EU, what sort of scope EU Member States have to amend their national laws in such circumstances, and where further flexibilities might develop in the case law as a result of the courts applying principles from outside copyright law, notably on the basis of fundamental human rights.

Page(s): 243-245

‘Copyright World’ and Access to Information: Conjoined via the Internet

Sat, 28 Apr 2012 22:58:59 GMT

Title: ‘Copyright World’ and Access to Information: Conjoined via the Internet

Authors: Sebastian, Tania

Abstract: Access to information, despite wide intellectual acceptance, is still a struggle for many in various quarters of the world. In today’s era there exist constraints in the way information is shared; dividing continents based on the way information is accessible to its people. This paper strives to understand the underpinning of the accessibility to information in the human right perspective, with a special mention of the current debate on accessibility of the Internet on the lines of concepts which constitute emerging access to knowledge coalition. The arguments of the present paper take the following form: It begins with an introduction to the oft-debated access to information question; goes on to elucidate the view of various scholars on why information needs to be free and extends the aspect of freedom of information to the human right paradigm; then expounds the activism of ‘access to knowledge’ advocates for access to information; and finally talks about European Union’s legalization of access to information on the Internet as a ‘fundamental right’ before conclusion.

Page(s): 235-242

Protecting Geographical Indications in Malawi: Current Situation and Future Prospects

Sat, 28 Apr 2012 22:58:59 GMT

Title: Protecting Geographical Indications in Malawi: Current Situation and Future Prospects

Authors: Uluko, Hankie; Oyewunmi, Adejoke; Mandewo, George

Abstract:
This paper examines the challenges and opportunities available for the protection of geographical indications (GIs) in Malawi. Like in many countries in Africa, there are no statutory provisions for the protection of GIs in Malawi. The challenges and opportunities available for GI protection in Malawi were determined using the SWOT analysis which included data from consumer preference survey, key informants, interviews and desk study.

The analysis showed that Malawian consumers are not only influenced by price but also the place of origin of a product (geographical indication) and the quality associated with it. It also showed that Malawi has limited human capacity, infrastructure and finances to successfully implement a sui generis system of protection despite having many potential GIs to benefit from. A comparative analysis found that the available regime of protection is inadequate in protecting GIs. The study concluded that Malawi stands to benefit from GI protection of its products which already have local, regional and international reputation. This would be achieved by short term revisions of the trademark laws and in the long run through a sui generis system of protection.

Page(s): 226-234