Issue 2 | February 2017 ISSN
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Germany – IP Highlights Revision of Trademark Act Marcus
Germany – IP Highlights Revision of Trademark Act Marcus Ehnle MLaw (Lucerne), Dipl. Geophys.-Univ. Swiss and European Patent Attorney, German Patentassessor WIPO Mediator M. Zardi & Co. SA 19.09.2019 ©2019 M. Zardi & Co SA In a nutshell ...from an IP perspective • Effective protection mechanism for your products/services – Long history in Intellectual property – National IP system provides many protection possibilities in order to support your strategies – Germany is part of the European IP system • Efficient and fast jurisdiction – IP specialized district courts – Basically, first instance decisions within one year – Qualcomm vs. Apple: Sales stop against Apple products in DE • Munich District court: likelihood that the Quorvo chip (Power Management) used in Apple iPhone 7 and 8 infringes Qualcomm patent rights • Apple exchanged the Quorvo chip in its products concerned 19.09.2019 ©2019 M. Zardi & Co SA 2 One of the world’s oldest perfume manufacturer 310 years of fighting imitators • 13. July 1709, Cologne: Giovanni Battista Farina, Santa Maria Maggiore • Johann Maria Farina (1685-1766) - fragrance water “aqua mirabilis”, in honour of his adopted city “Eau de Cologne” 19.09.2019 ©2019 M. Zardi & Co SA 3 “Inventor” of the brand perfume • Constant high level of quality – sovereign purchasing policy for raw materials – well structured manufacturing operation • New location: Obenmarspforten 23, gegenüber (opposite) Jülichs-Platz – “Farina gegenüber” became a “brand” • Clients: Napoleon, Mozart, Queen Victoria, Goethe, Viktor Emanuel II, -
Chapter X the Protection of Competition
Chapter X The Protection of Competition Stefan A. Riesenfeld * I. INTRODUCTION-SCOPE, BACKGROUND, AND INTERPRETATION OF THE PROVISIONS FOR THE PROTECTION OF COMPETITION IN THE E.E.C. TREATY A. SCOPE AND ORGANIZATION OF THE PERTINENT ARTICLES I. PLACE OF THE REGULATIONS WITHIN THE TOTAL STRUCTURE OF THE TREATY One of the most important and widely publicized aspects of the Treaty Establishing the European Economic Community is its protection of competition in the Common Market. Since the publi cation of the texts of the respective international agreements,1 a veritable flood of literature on that subject has emerged in the Community countries as well as abroad, and a host of controversies has arisen over the significance and import of the controlling clauses.2 The pertinent articles differ greatly in structure and are dis tributed and arranged over various portions of the Treaty, as a *Dr. ]ur., Breslau, 1931; Dott. in Giur., Milan, 1934; LL.B., University of Cali fornia, 1937; S.].D., Harvard, 1940. Professor of Law and Vice-Chairman, Institute of International Studies, University of California, Berkeley, California. Special Con sultant to the Ad Hoc Committee on Restrictive Business Practices of the Economic and Social Council of the United Nations. Author of books on social legislation, inter national law, insurance Ia w, and other subjects and of numerous articles in the field of commercial transactions and trade regulations in German and American legal publications. 1 The Treaty establishing the European Economic Community is one of the group of international agreements signed in Rome on March 25th, 1957. It is supplemented by the Convention relating to certain Institutions common to the European Communi ties, of the same date, and a number of protocols. -
Farina's 300Th Anniversary
MARKUS ECKSTEIN EAU DE COLOGNE – FARINA S 300TH ANNIVERSARY Cologne Markus Eckstein Markus Eau de 300TH ANNIVERSARY FARINA’S FARINA’S InnenCologne4_rws_E_g.qmx:Weinwege_Innen_Ahr_rws 02.06.2009 11:51 Uhr Seite 2 Photo credits All photos from Farina Archive, except Back cover: Jens Hilberger – Fotolia.com; S. 13: Rheinisches Bildarchiv; S. 33: Florian Monheim, Krefeld; S. 44: Boris Loehrer. Source of reference All quotations from the Rheinisch-Westfälischen Wirtschaftsarchiv (RWWA), dept. 33. Cover photo: Bibliographical information published by The Farina House in the jubilee Die Deutsche Bibliothek year 2009. Die Deutsche Bibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is Inside front cover: available on the internet at http://dnb.ddb.de. The city hall – Cologne's political heart – is located in the immedi- 1st English language edition 2009 ate vicinity of the Farina © J.P. Bachem Verlag, Köln 2009 headquarters (idealised view, Editing: Robert Taylor, Cologne anonymous, around 1760). Translation: John Sykes, Cologne Cover design and layout: Heike Unger, Berlin Inside back cover: Reproduction: Reprowerkstatt Wargalla, Cologne Alter Markt with city hall, Georg Printed by: Grafisches Centrum Cuno, Calbe Balthasar Probst, 1740 Printed in Germany (Kölnisches Stadtmuseum). ISBN 978-3-7616-2313-8 Right: 1952: Dior’s “new look” To learn more about our programme with a petticoat and flouncy of books, order our newsletter free skirts added enchantment to of charge at Farina perfume. www.bachem.de/verlag -
The Protection of Olfactory Creations
THE PROTECTION OF OLFACTORY CREATIONS Viorel ROȘ Andreea LIVĂDARIU Abstract The olfactory works/creations, the perfumes that everyone likes are some of the oldest intellectual goods. Their creation involves science, imagination, talent. But in spite of the spectacular evolution of this category of creations, the huge number of consumers and their importance in everyday life, and despite the openness that intellectual property law has generally manifested towards intellectual creations, including the new ones (cinematography, computer programs and pharmaceutical and biotechnological inventions being the fastest received and more fully integrated into a protection system), olfactory creations have remained the Cinderella in this field. Perhaps also from the perfume manufacturers lack of interest. Creators, that is. Or maybe because the protection by secrecy is enough. We're trying to find out. Keywords: olfactory works, perfumes, patents, copyright, intellectual rights, work secret, counterfeiting a competitor's perfume risks losing not only the respect of competitors but also the clientele 1. Introduction and exclude itself or be excluded from this industry. An Is it necessary and possible to protect unwritten code of honour that would make the perfumesc by intellectual rights? Doctrine and protection of perfumes unnecessary by rules of law and jurisprudence are not unitary in relation to the vocation recourse to justice. An idyllic vision and invalidated by of perfumes to be protected by intellectual rights what is happening around us. (copyright, invention patents, design and / or model The most expensive perfume, Clive Christian's certificates or trademarks or work secrets). They were Imperial Majesty, can be purchased for 251,000 dollars, not even consistent. -
Fragrance Museum Farina-House Cologne
In the 17th century the tulip was a precious item that bloomed in the gardens of Turkish 1709 palaces. The Dutch paid huge amounts of Farina establishes the world’s oldest 1709 SINCESEIT 1709 1709 money for a bulb of this beautiful flower. perfume manufactory, invention of EAU DE COLOGNE, Queen Anne, SEIT 1709 2011 Farina, who desired an image of great beauty for his tra- St Paul’s Cathedral completed, Louis XV, demark and his products, chose a red tulip for the original Mme. Du Barry, the Georgian Age, Handel’s Messiah, Casanova, Mozart, Dr. Samuel Johnson, earthquake in Lisbon, perfume. Versailles, Marie Antoinette, Louis XVI, The world´s oldest fragrance steam engines and early Industrial Revolution, company Tours take place every hour on the hour in more than 10 French Revolution, Napoleon, Admiral Nelson, Fragrance languages. Duration 45 minutes. Please book in advance. Beethoven From over 300 yearsSEIT of Farina1709 perfume bottles Museum 1809 Prices: Battle of Waterloo, Congress of Vienna, Farina-House Jane Austen, J.M.W. Turner, Jacques Offenbach, Standard tour: Paganini concerts at Farina, Cologne 5 euros incl. admission and perfume sample USA buys Florida, later Alaska, age of railways, Ref. 111 Ref. 121 Ref. 122 Ref. 123 opium wars, British Empire, 15ml 30ml 50ml 125ml Historical tour: Great Exhibition in Hyde Park, 9 euros incl. admission and perfume sample cholera in London, The perfumer Farina (role played by M.M. Lysakowski) completion of Cologne Cathedral, Queen Victoria visits Farina, takes you back to his time, the Rococo period. Karl Marx, Mark Twain, Charles Dickens Private tour for up to 20 persons: 80 euros 1909 Private historical tour for up to 20 persons: 160 euros Flying machines, 1st World War, Russian Revolution, Ref. -
September 2020 - ‘No Good Deed Goes Unpunished’
September 2020 - ‘No good deed goes unpunished’ AFTERWORD Why a story about no. 1 Palace Green and the ‘4711’ brand of eau de Cologne? Circumstantial evidence suggests that the ‘4711’ brand provided the inspiration for the colour schemes used in at least three remarkable rooms: James McNeill Whistler’s ‘Peacock Room’, Morris, Marshall, Faulkner & Co.s ‘Green Dining Room’ and William Morris’s dining room at no. 1 Palace Green. © 2020 Nicola Gifford 1 Note: ‘4711’ should be said as ‘forty-seven eleven’ – the appellation comes from the house no. assigned to the shop premises during the French occupation. Previous page Top left: William Morris – photographed by Frederick Hollyer in 1884, collection: National Portrait Gallery Top right: James Abbott McNeill Whistler – Photographed by Bernard Partridge in 1880s, collection: National Portrait Gallery Middle left: the actress Audrey Hepburn as ‘Holly Golightly’ in the 1961 Paramount Pictures film ‘Breakfast at Tiffany’s’, image: public domain NOTE: In Truman Capote’s novella ‘Breakfast at Tiffany’s’, from which the film was adapted, ‘Holly Golightly’ wears 4711. I threw in this image to highlight the fragrance’s entry into popular culture and its enduring power to inspire. Middle right: the ‘Green Dining Room’ created by the architect Philip Webb for Morris, Marshall, Faulkner & Co. in the South Kensington Museum (now Victoria and Albert Museum). It was the first refectory in any museum. Image: Victoria & Albert Museum. Note: In ‘Charles Fairfax Murray: The Unknown Pre-Raphaelite’ his grandson, David B Elliott, writes ‘William Morris had also felt obliged to reject the 12 zodiac figure panels painted by the Firm’s assistants from Burne-Jones’s designs for Philip Webb’s Green Dining Room at the South Kensington Museum (prompting Alphonse Warington Taylor, the newly-appointed General Manager [at Morris, Marshall, Faulkner & Co.], to write a sharp memorandum to the partners pointing out that the Firm lacked the necessary skills to undertake this kind of decorative work). -
Your Signature Scent Creating a Custom Fragrance at Tijon
Your Signature Scent Creating a Custom Fragrance at Tijon John Berglund Copyright © 2016 John Berglund All rights reserved. No portion of this eBook may be reproduced in any manner whatsoever —mechanically, electronically, or by any other means,—without written permission of the author, except in the case of brief quotations embodied in articles and reviews. Tijon 1 L’Esperance Road Grand Case, St. Martin www.Tijon.com This book is strictly for informational and educational purposes. The author and publisher shall have neither liability nor responsibility to anyone with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained in this book. A woman who doesn’t wear perfume has no future. —Coco Chanel Perfume … no less important than your clothes or shoes, it’s the finishing touch to your wardrobe, adding a bit of elegance. Your perfume is an expression of your personality and can communicate emotion. Studies even prove that pleasing aromas can make us more attractive to those around us. Fragrance can also have an aspirational effect: Wearing perfume can inspire you to act and think like the best version of yourself. The majority of scents available in large retail stores are designer perfumes. Many of these mainstream scents smell very nice and are relatively affordable, but they lack exclusivity and personality. Boutique artisanal perfumes, sold in only a few shops, offer scents that are less common and more individual, reflecting the personalities of their creators. These perfumes are created with greater attention to detail, with components of the highest caliber.