The IPKat has been sifting through the entries for the haiku
competition, for which the prize is complimentary entry to the Copying
without Infringing conference, organised by CLT in Central London on
Tuesday 24 November with IPKat team member Jeremy in the chair. To
recap, entrants were asked to compose a haiku, according to the
traditional Japanese rules, on one of three subjects (all of which have
something to do with the borders of infringing/ non-infringing use of
IP rights): fair dealing/fair use, the Bolar exemption and the use of
trade marks as AdWords.

The best efforts (chosen from a large number of entries) are as follows
Fair dealing/use

The fair use defence
shares traits with English summer -
clouds, good chance of rain!
Benjamin Farrand (EUI Researcher in Law)

A "Reasonable Part"
Is open to some abuse...
But will they catch me?
Alex Clarke
Bolar exemption

In a safe harbor
A lone generic chemist
Weathers patent stormsShabtai Atlow (patent attorney, NDS)

Summer rays solar
Shine on test generic
Exemption bolar
Anthony X. Gallafent (Gallafents)
After Hatch-Waxman
Experiments still infringe.
Draft a better law!Tim Roberts

Chemical testing
held not to infringe
conference ticket?
Dr Stephen Wintersgill (IP Manager, University of Central Lancashire)

AdWords

In my search for truth
A winter sale beckons me.
Google's share price climbs.
Peter Smith (Serjeants)

Why can’t I use your
Trademark for my search engine
Optimization?

and
If GOOGLE allows
Your mark sold as an AdWord,
It MUST be legal!
Miri Frankel (Associate General Counsel, The Beanstalk Group, NY)

.., and the winning entry
Congratulations to Nia Roberts (Intellectual Property Manager,
Department for the Economy & Transport, Welsh Assembly), who has
submitted a trilogy of haikus based on three of the four seasons which
has deliciously captured the allusive nature of the medium. The trilogy
runs as follows:
Winter: The Bolar Exemption
Snow-cloaked bulbs quicken.
Analyze, test, accredit -
All this is allowed.

Summer: The use of Trade Marks as Google Ad-Words
Lush-scented fly-traps
Lure unsuspecting insects -
Click! The jaws snap shut.

Autumn: Fair Dealing
My tree, fruit-laden.
Pick, try, enjoy an apple –
The harvest is mine.

Well done, Nia. The Kats do hope that you will be able to attend the
conference and will be in contact with you in the next day or two to
finalise arrangements.

--
Posted By Jeremy to The IPKat - for IP in a changing world on
11/02/2009 08:51:00 PM