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    Fraserburgh

    IP finance
    More reports

    Elon Musk takes us back to the future

    25 Jun 2014 - Earlier this month, just a few months after Elon Musk's company Tesla had its first profitable year, and in a beautiful piece of grandstanding that wrongfooted the industry, Tesla made all of its (160) patents freely available to competitors. By making its technology freely available, Tesla has an opportunity to become the market standard in areas where it has real leadership. Full text

    Valeant/Allergen: IP value of the Russian doll

    11 Jun 2014 - Valeant Pharmaceuticals has made a $52.7 billion bid for Allergen and the intellectual property that underpins its value. In a pharmaceutical industry that is struggling to find a business model that works, both Valeant and Allergen have found that IP strategy including nimble brand management and patent life extension/diversification is a more attractive option for investors than the scientific prospecting of classical R&D. Full text

    Pipeline or pipe dream? Pfizer/Astra Zeneca and crumbs for ants

    14 May 2014 - The mind-blowing sales forecast made for Astra Zeneca (AZ) following AZ's disclosures in response to Pfizer's audacious takeover bid has highlighted one of the idiosyncrasies of Wall Street valuations of pharmaceutical companies – namely, the minimal value attributed to pipeline assets that have not yet generated sales. Who is right: the company or the analysts? Full text

    EverEdge IP

    IP transactions

    Hard and soft rights combine to solve the age-old question: function or form?

    25 Jun 2014 - Following objections to its latest technology, Google Glass, Google announced that it had formed a strategic partnership with Luxottica “to design, develop and distribute a new breed of eyewear for Glass” to be released in 2015. Intellectual property can have a positive combinatorial effect for a product – particularly when blending somewhat diverse sets of rights. What does this mean for a product and what this can mean for the parties involved? Full text

    Knowing what you buy: the importance of IP audits in the transaction process

    04 Jun 2014 - Transactional due diligence often lacks a comprehensive audit of the business’s intellectual property. Given that intangible assets now constitute 80% of the assets of most businesses and that intellectual property is itself considered a major and critical asset class, its absence should be deemed conspicuous during any major business transaction due diligence. Full text

    Intellectual property is at the heart of the tobacco industry's second life

    16 Apr 2014 - In this first article I want to illustrate how intellectual property truly defines the existing and future game lines of many industries, and further how IP strategy is now one of the key drivers behind corporate success or failure. The tobacco industry has been on the brink of extinction for a number of years, yet one major IP transaction has been the key to the industry’s profitable pivot. Full text

    Foresight Valuation Group LLC

    IP valuations
    More reports

    When big iron meets big data: unlocking value creation opportunities in the Internet of Things

    25 Jun 2014 - The global enthusiasm surrounding the ecosystem known as the 'Internet of Things' (IoT) has positioned data as one of the most valuable intangible assets that a company can own and monetise. However, the valuation of technologies in the emerging IoT ecosystem will largely depend on the revenue models around data monetisation. Full text

    IP due diligence in M&A transactions: how to avoid another Rolls Royce

    21 May 2014 - IP due diligence plays a critical role in the acquisition process, but acquisitions are risky deals. Due diligence all too often becomes an exercise in verifying the target’s financial statements rather than conducting a fair analysis of the deal’s strategic logic and the acquirer’s ability to realise value from it. Full text

    Revisiting patent valuation: lessons learned from toilets, Singularity and the triple bottom line

    07 May 2014 - High patent value does not always correlate to the magnitude of the underlying innovation. On the contrary, many valuable patents today derive their value from the size of the product market employing the underlying invention. This leads to the questions of whether patents are valued the right way, and whether there is a better way to measure the value of patents that would reflect the impact of the underlying innovation on people and markets. Full text

    Drakopoulos Law Firm

    Albania
    More reports

    Recent amendments to Industrial Property Law

    09 Jul 2014 - Parliament has adopted certain amendments and procedural changes to the Industrial Property Law, with the aim of harmonising Albanian law with EU legislation and reflecting Albania's accession to the European Patent Convention. The IP rights affected by the amendments are industrial designs, patents and trademarks. Full text

    Non-use cancellation actions: ambiguities regarding burden of proof

    07 May 2014 - Albanian IP law requires that a trademark be used in order to protect its validity. If the mark owner does not use its trademark for the goods or services for which it was registered for an uninterrupted period of five years, the trademark is subject to cancellation. Recent case law reflects the complexity of non-use cancellation actions, particularly with regard to the burden of proof. Full text

    Examining the new draft Law on Copyright

    12 Mar 2014 - A group of European experts has worked to compile the new Albanian draft Law on Copyright, based on EU copyright law, in an effort to make it simpler and more practical to determine the responsibilities of copyright protection institutions. The draft law fills gaps in the existing law and sets out new rules for the circulation of copyright products within the digital environment. Full text

    Watermark

    Australia
    More reports

    End of the road: BP runs out of fuel in long-running attempt to register green as trademark

    23 Jul 2014 - IP Australia has refused a long-running application by oil giant BP to register the colour green as a trademark in relation to vehicle service stations. The decision comes more than 12 years after BP filed its trademark application. However, it is unlikely that the outcome will surprise many, given BP’s past failed attempts to register green trademarks in Australia. Full text

    The Australian patent area: as obscure as fog at sea?

    26 Mar 2014 - For many commercially important sectors (eg, manufacturing, onshore mining and pharmaceuticals), definition of the 'Australian patent area' presents no issue. However, this question is far from straightforward where patented inventions are practised offshore, particularly in the growing offshore natural gas sector. Full text

    You have a patent – now what?

    05 Mar 2014 - Once you have obtained a granted Australian patent, preliminary steps can be taken to enforce your rights without necessarily instigating court proceedings, such as a cease and desist letter and customs actions. Careful consideration should be given to an intention to send a cease and desist letter as there are risks associated with making allegations of infringement in Australia. Full text

    Gowling Lafleur Henderson LLP

    Canada
    More reports | Archive

    Federal Court affirms standing for innovative drug manufacturer

    23 Jul 2014 - What rights do innovative drug manufacturers have in situations where generics challenge certain Health Canada decisions but do not name the innovators as parties? A recent Federal Court decision highlights that innovators should monitor judicial review proceedings at the Federal Court for proceedings implicating their rights. Full text

    Experimental testing in patent actions: Federal Court issues notice to the profession

    16 Jul 2014 - The Federal Court of Canada recently issued a notice to the profession with respect to experimental testing in patent actions. The notice codifies existing and general practices for patent infringement actions and provides more structure and certainty for litigants considering experimental testing in connection with their actions. Full text

    Federal Court of Appeal updates Section 8 damages law

    09 Jul 2014 - The Federal Court of Appeal has issued its highly anticipated decisions concerning claims by Teva and Apotex for damages pursuant to Section 8 of the Patented Medicines (Notice of Compliance) Regulations. These claims followed prohibition proceedings involving Apotex and Teva related to generic versions of ramipril, marketed by Sanofi as ALTACE®. Full text

    Wilkinson & Grist

    China
    More reports

    Filing requirements for sound marks clarified

    23 Jul 2014 - Sound marks are registrable in China pursuant to the new Trademark Law, which took effect on May 1 2014. The new Trademark Implementation Regulations have clarified the filing requirements. In order to register a sound mark, the applicant must fulfil certain requirements. Full text

    New guidelines for examining and ascertaining trademark rights in administrative cases

    09 Jul 2014 - The Beijing Higher People’s Court has issued a new set of guidelines for examining and ascertaining trademark rights in administrative appeals and proceedings filed with the court against decisions of the Trademark Review and Adjudication Board under the new Trademark Law regime. Full text

    Google defeated by Chinese author over Google Books

    07 May 2014 - Despite Google’s victory in the United States in the Google Books battle, which took place in 2005 with a US circuit judge accepting Google’s argument that making 'snippets' of text of books online constituted fair use, the Chinese courts have ruled otherwise. Recently Google was ordered to cease all acts of copyright infringement and to pay Rmb6,000 to Chinese author Mian Mian in damages and costs. Full text

    Baker & McKenzie

    France
    More reports

    France shifts away from three-strikes internet ban policy

    16 Oct 2013 - The much-debated 2009 anti-piracy law established a three-strikes system to punish persistent offenders who illegally downloaded, consulted or distributed works online. However, the French government recently decided to abandon the policy set out under the law that threatened persistent offenders with internet disconnection. Full text

    Laguiole: daggers drawn between tradition and trademark law

    23 Jan 2013 - Several French cities, including Deauville and Paris, have recently taken legal action against the commercial use of their names and their registration as trademarks. Most recently, the town of Laguiole found out the hard way how important trademark protection can be. Full text

    Moral rights in collective works: Supreme Court takes economic view

    25 Jul 2012 - The French system of droit d'auteur is often criticised as being overly favourable to authors and for its unsuitability for the protection and exploitation of works in a business environment. However, the traditional, individualistic concept of copyright is losing ground in favour of a more pragmatic, business-friendly approach. A recent Supreme Court decision illustrates this evolution. Full text

    Kuhnen & Wacker

    Germany
    More reports

    Aspects of preliminary injunction proceedings in Germany

    23 Jul 2014 - Preliminary injunctions are an important remedy in the German legal system. While they have frequently been used in clear-cut unfair competition cases, the courts have also started to make this remedy readily available to patent and even utility model owners. In such cases, the main problem is usually proving the validity of the patent or utility model with sufficient certainty. Full text

    Michelangelo’s David and Botticelli’s Venus – an attractive couple

    21 May 2014 - The German Federal Patent Court has delivered a groundbreaking decision concerning the distinctiveness of a device mark. The applicant had applied for a device mark showing images of Michelangelo’s David and Botticelli’s Venus. Although the German Patent and Trademark Office had previously rejected the application for lack of distinctiveness, the court has now overturned that decision. Full text

    DPMA enters the internet era for file inspections

    29 Jan 2014 - The German Trademark and Patent Office is now offering a new service allowing the electronic inspection of German patent and utility model files. The new service completes the electronic file system which was introduced in 2012 to 2013 and allows applicants to view at least parts of files online. Full text

    Drakopoulos Law Firm

    Greece

    Swimming among counterfeits: anti-counterfeiting solutions in the Greek islands

    25 Jun 2014 - Summer on the Greek islands increases the problem of counterfeiting – partly in terms of volume and sales points, but primarily in terms of visibility. When they are trying to relax on holiday, brand owners, managers and their staff witness the problem for themselves – shops selling counterfeit goods are in abundance on the islands. Full text

    Wilkinson & Grist

    Hong Kong
    More reports

    Application for 'Cool Fresh' in Class 3 refused on absolute grounds

    30 Apr 2014 - The trademarks registrar has refused an application by Unilever NV to register 'Cool Fresh' as a trademark in respect of goods in Class 3 including “soaps; perfumery; shaving foam; preparations for the bath and shower etc". The applied-for mark failed to distinguish the trade origin of the goods. Full text

    Registrability requirements of movement marks and holograms clarified

    05 Feb 2014 - A movement mark or hologram is registrable as a trademark in Hong Kong provided that it is a sign that is capable of distinguishing the goods or services of one undertaking from those of others, and can be represented graphically. The Hong Kong Trademarks Registry recently issued a note presenting its examination practice and clarifying the filing requirements for this special category of mark. Full text

    Government consults on treatment of parodies

    11 Sep 2013 - Altering existing photographs or film posters with pictures of political figure and rewriting the lyrics of existing songs have become two of the most popular ways for Hong Kong internet users to comment on current events. Parody has now become an issue for public consultation, and the government is seeking views on how the copyright regime should deal with parody appropriately. Full text

    Lakshmikumaran & Sridharan

    India
    More reports | Archive

    Delhi High Court rules on presumption of validity under Indian patent law

    02 Jul 2014 - The Delhi High Court recently reversed its previous order of December 18 2013, which had issued an ex parte interim injunction against Venus, restraining it from infringing 3M’s Indian patent. One key aspect of this decision was the court’s ruling on the presumption of validity of a patent and the relative irrelevance of the six-year rule in Indian patent law. Full text

    Delhi High Court analyses circumstances for grant of interim injunction

    25 Jun 2014 - The Delhi High Court recently decided a suit for permanent injunction brought by Sandeep Jaidka to prevent infringement of his registered patent, which pertained to a device enabling a four-dimensional cinema experience by producing heating, cooling and aromatic effects corresponding to scenes of the film. Full text

    Overlap of copyright and design law continues to prove tricky for litigants

    28 May 2014 - It has long been common in India to assert copyrights in industrial drawings or blueprints to prevent the manufacture of three-dimensional models of such drawings or blueprints. Although such lawsuits have been successful in the past, Indian courts are increasingly disallowing relief if the work in question is capable of being registered as a design under the Designs Act 2000. Full text

    Jacobacci & Partners spa

    Italy
    More reports

    The deer makes the difference: autonomous protection for each part of composite mark

    23 Jul 2014 - In a recently published decision the Supreme Court ruled that for a composite mark consisting of two autonomously distinctive elements, the imitation of one element amounts to an imitation of the trademark as a whole. The court recognised the risk of confusion between the composite marks of appellant Mast Jägermeister AG and appellee Zwack Unicum. Full text

    Hold your horses: overall impression governs evaluation of design infringement

    09 Jul 2014 - A recent decision of the Court of Perugia addressed the criteria for evaluating infringement of a registered design. The judgment confirms the alignment of Italian design law with the consolidated Community design approach. Full text

    Software-based solutions for user-controlled presentation of information may be patentable

    07 May 2014 - A recent decision of the Court of Turin addressed the patentability of software-based solutions involving the user-controlled presentation of information. The judgment encompassed two separate patentability issues and confirmed the alignment of Italian law with the consolidated European approach. Full text

    NLO

    Netherlands
    More reports | Archive

    Protecting the valuable Dutch dance music industry

    23 Jul 2014 - The Dutch dance music industry is worth more than €500 million a year and has become an important export product. However, in order to continue being successful and to protect innovations against infringement by third parties wishing to piggyback on that success, DJs and festival and event organisers need to have registered, legally strong trademarks. Full text

    Degeneration into a generic name: companies are victims of their own success

    16 Jul 2014 - The aim of every trademark owner is for its trademark to become well known on the market. However, this success can backfire when a trademark becomes so well known that consumers start to think that it is a generic name for the underlying products or services. Although this might appear to be the ultimate compliment, such development may lead to the downfall of a trademark. Full text

    Court grants MSD injuction for infringement by Mylan

    09 Jul 2014 - Merck Sharp & Dohme Corp (MSD) owns a patent protecting the application of the drug finasteride for the treatment of androgenic alopecia. MSD initiated infringement proceedings in 2012 against Mylan, which was marketing a generic finasteride product. The District Court of The Hague recently ruled on this dispute. Full text

    Hechanova & Co

    Philippines

    Non-compete clauses in licensing agreements

    16 Jul 2014 - Most licensing agreements – particularly those involving the sharing of trade secrets, know-how, confidential information and other IP rights – contain post-termination non-compete clauses to prevent injury to the licensor. The Documentation Information and Technology Transfer Bureau of the IP Office of the Philippines has held that such clauses can apply for only one year. Full text

    Court of Appeals says no to field trials of genetically modified aubergines

    15 Jan 2014 - In a September 2013 decision which has alarmed the joint foreign chambers of commerce, universities and scientists in the Philippines, the Court of Appeals issued a permanent injunction against the conduct of field trials for genetically engineered aubergines on biosafety grounds. Full text

    Drakopoulos Law Firm

    Romania
    More reports

    Combating counterfeiting in Romania

    04 Jun 2014 - In recent years, the global trade in counterfeit goods has boomed, particularly in transit countries where such goods enter the EU market, such as Romania. Identifying the real origin of counterfeit goods is a complex issue for Romanian Customs, since it requires a high level of vigilance and constant safeguarding of the entire Romanian territory from potential counterfeit products. Full text

    Impact of code changes on IP disputes

    09 Apr 2014 - During the past three years Romanian legislation has undergone significant changes, which has had a major effect on IP rights. Considering that entirely new codes are being enacted and are entering into force, the changes are of paramount importance since they govern a wide array of legal issues governing IP rights. Full text

    Protecting your domain name

    27 Nov 2013 - The importance of domain name protection is becoming increasingly evident to market players in Romania. Following initial mandatory mediation proceedings before Romania Top-Level Domain, parties may opt to pursue further disputes before the World Intellectual Property Organisation or the Romanian courts. Full text

    Gorodissky & Partners

    Russia
    More reports

    New IP legislation friendlier for rights holders

    16 Jul 2014 - The first Russian IP laws were not adopted until 1992, but the IP legislation has come of age quickly. Forthcoming changes to the legislation are intended to make the regime friendlier for rights holders. The result is a comprehensive set of laws which complies with the requirements of international law and practice. Full text

    Lady in Blue: an unlikely sidekick for IP protection

    02 Jul 2014 - The State Hermitage Museum initiated a case against a Russian fashion designer alleging that the designer had used the painting Lady in Blue, by English painter Thomas Gainsborough, for commercial purposes. Although the courts eventually upheld the plaintiff's claim, doubts remain over the outcome of the court procedure. Full text

    Anti-piracy law breaks the ice

    12 Mar 2014 - In Summer 2013 the Duma adopted a law allowing a rights holder to block websites carrying unlicensed content. If the rights holder discovers such content on the Internet, it may submit a complaint to the court asking for an injunction and for the site to be blocked. Enough time has now passed since the adoption of the law to show that it works. Full text

    Mannheimer Swartling

    Sweden
    More reports

    District court applies two-decade-old EPO decision

    05 Mar 2014 - Nearly two decades have passed since the European Patent Office Enlarged Board of Appeal handed down Decision G3/92, dealing with a European patent application made by an unlawful applicant. The decision was recently applied by a Swedish district court, which declared the plaintiff to be entitled to an invention covered by a Patent Cooperation Treaty application that had irrevocably lapsed several years earlier. Full text

    Court addresses copyright assignment in online advertising

    04 Dec 2013 - Contractual clauses on copyright assignment have been construed narrowly by the Swedish courts using the principle of specification, according to which the assignor of the copyright is presumed to retain any rights not clearly specified in the assignment clause. A Svea Court of Appeal decision addressed a clause on copyright assignment in the general terms and conditions applicable when advertising on a Swedish online marketplace. Full text

    ECJ case law on genuine use of trademarks

    04 Sep 2013 - In a number of decisions the European Court of Justice has clarified what constitutes use of a trademark in situations where the mark as used differs from the mark as registered, or where it is used only as part of a more complex trademark. The decisions have relevance when arguing for acquired or enhanced distinctiveness through use, as well as when proving genuine use of a trademark. Full text

    Formosa Transnational

    Taiwan
    More reports

    Patent examination guidelines amended for computer software-related inventions

    09 Jul 2014 - Chapter 12 of the Patent Examination Guidelines specifically addresses computer software-related inventions. Following public hearings and consultation, amendments to the guidelines have now come into effect. Among other things, the guidelines adopt the principle that a software-related invention must possess technical character. Full text

    New law gives privacy protection to individuals’ communications records

    28 May 2014 - The Taiwanese legislature recently amended the Communications Protection and Monitoring Act. Pursuant to the amendment, a prosecutor must obtain an order from a competent court in order to gain access to an individual’s communications records and identification information stored by a telecommunications service provider or an internet service provider. Full text

    Border control measures: a new weapon against patent infringement

    23 Apr 2014 - Border control measures in Taiwan are undergoing a dramatic change. The new Regulation Governing the Detention of Suspected Patent-Infringing Goods by Customs gives patent owners a new and more effective weapon against patent infringement: they can now request detention of the infringing goods even before filing a patent infringement complaint with the court. Full text

    Carpmaels & Ransford LLP

    UK
    More reports

    Should High stay for EPO? Actavis and Pharmacia clash in the High Court

    23 Jul 2014 - The Patents Court of the High Court of England and Wales has refused a request by patentee Pharmacia for a stay of UK revocation proceedings brought by Actavis pending the outcome of opposition proceedings at the European Patent Office (EPO). This decision applies recent Court of Appeal guidance as to when UK proceedings should be stayed pending the outcome of EPO opposition proceedings. Full text

    The IP Act – a false economy?

    02 Jul 2014 - The IP Bill recently received royal assent and became the IP Act 2014. Part of wider reforms intended to support innovation and add a headline-grabbing figure of up to £8 billion to the size of the UK economy by 2020, the act is intended to make the UK IP system clearer, more cost effective and more accessible, particularly for small and medium-sized enterprises. Full text

    A measure of outstanding: employee inventor compensation in Shanks v Unilever

    18 Jun 2014 - The High Court recently upheld a UK IP Office decision not to award Professor Shanks employee inventor compensation. In reaching this decision, the judge had to consider whether the patent was of “outstanding benefit” to the employer. This case illustrates that for an employee to succeed in any such claim, the patented invention must be transformative. Full text

    Kenyon & Kenyon LLP

    USA
    More reports

    Latest launch schedule for gTLDs

    09 Jul 2014 - This article provides the latest schedule for new generic top-level domains. Full text

    More on Myriad and the USPTO's Myriad-Mayo guidance

    07 May 2014 - The US Patent and Trademark Office has issued its Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Law of Nature, Natural Phenomena and Natural Products. However, despite the guidance and the Supreme Court cases on patent-eligible subject matter, there is still much uncertainty as to what constitutes patent-eligible subject matter. Full text

    Increase in cybersquatting using new gTLDs

    02 Apr 2014 - Cybersquatters who have registered new generic top-level domains threaten many of the world’s most valuable companies, according to new research from the Internet Corporation for Assigned Names and Numbers' Trademark Clearinghouse. To combat this new threat, brands must diligently police their trademarks online to protect against a diverse spectrum of issues. Full text

     

    Older articles
    Africa More reports

    Counterfeiting: bad medicine

    26 Feb 2014 - A recent Business Day report dealt with the issue of counterfeit medicines, noting how police in Southern Africa, led by Interpol, seized around 100 tons of counterfeit medicines and arrested 180 people in one week. All counterfeiting is bad news, but when it comes to medicines it is a particular worry. Full text

    Canada More reports | Archive

    Nobody’s perfect: court addresses the standard when correcting clerical errors

    13 Feb 2013 - In a recent decision the Federal Court granted a second application for judicial review of a decision issued by the commissioner of patents. The ruling provides further guidance on the factors that should be considered when exercising discretion to correct a clerical error under Section 8 of the Patent Act. Full text

    Croatia More reports

    Croatian Quality and Croatian Creation marks

    21 Oct 2009 - The Croatian Chamber of Commerce has launched a branding project to identify high-quality and authentic Croatian goods and services. The aim is to boost the competitiveness of local products on the global market.Full text

    Cyprus More reports |

    Halloumi versus hellim: more than just a trademark battle?

    25 Sep 2013 - The European Court of Justice recently dismissed a challenge to the registration of the mark HELLIM for cheese, approving it for registration. The registration was challenged by the owner of the collective Community trademark HALLOUMI based on the likelihood of confusion.Full text

    Denmark More reports

    Scope of protection for Hermès' Birkin bag trademarks

    30 Sep 2009 - Hermès has failed in two claims for alleged infringement of several registered trademarks depicting its renowned Birkin bag. The court found that the Birkin bag was protected by copyright, but that the importers’ bags were not sufficiently similar for them to constitute copyright infringement. Full text

    Germany More reports

    EPO Enlarged Board of Appeal rules on disclaiming “positive embodiments” of an invention

    05 Sep 2012 - In Decision G2/10 the Enlarged Board of Appeal of the European Patent Office dealt with the question of whether a disclaimer infringes Article 123(2) of the European Patent Convention if its subject matter was disclosed as an embodiment of the invention in the application as filed. Full text

    Greece More reports

    Protecting IP rights and their owners: two contradictory sides of the same coin

    22 Jan 2014 - Finos Film recently opted out of its collaboration with YouTube and Google when the relevant collecting societies claimed remuneration for the online broadcasting of Finos's films. The case highlighted a problem that has existed as long as the Internet: protecting IP works against piracy clashes with protecting the IP rights of the participants in such works.Full text

    India More reports | Archive

    Can patent validity be challenged on “procedural” or “administrative” grounds?

    14 Dec 2011 - Few discussions on patents deal with the aspects of the law that provide succour to the patentee. One such provision is Section 13(4) of the Patents Act. Section 13 deals with the investigation that a patent examiner should undertake to check for anticipation of a patent application by prior publication or claim. Full text

    Ireland More reports

    Record labels and eircom agree "three strikes" policy

    25 Mar 2009 - eircom, Ireland's largest ISP, and four major record companies have reached settlement over illegal downloading and peer-to-peer file sharing. eircom will now operate a "three strikes and you're out" policy: if suspected infringers ignore two warnings from the ISP, eircom will proceed to disconnect their internet service.Full text

    Israel More reports | Archive

    Significant amendment to the Patent Law takes effect

    16 Jan 2013 - Further to an agreement with the US Trade Commission, the 10th amendment to the Patent Law has now come into force. The amendment forms part of the revisions to local IP laws and regulations which removed Israel from the blacklist of countries that fail to protect intellectual property adequately and enabled Israel to join the Organisation for Economic Cooperation and Development.Full text

    Japan More reports

    IP High Court sets new precedent for adding new material

    17 Sep 2008 - Japanese patent practice is known as the strictest in the world in regard to the prohibition on adding new material. However, the Grand Panel of the IP High Court recently rendered a judgment that may lower the standard for the prohibition on adding new material. Full text

    Mexico More reports

    Approving follow-on biologics in Mexico

    07 Sep 2011 - Although the period for the Mexican Ministry of Health to issue regulations on the approval of biocomparables has expired, the draft regulations are still being reviewed, with input from the Mexican Association of Pharmaceutical Research and the National Association of Drug Manufacturers. Full text

    Netherlands Archive

    Dutch NPE obtains multimillion-dollar patent infringement settlement

    29 Aug 2012 - In the wake of the patent trial between Apple and Samsung in the United States, Dutch engineering company ItoM BV has enjoyed success against both companies by obtaining a multimillion-dollar licensing settlement. ItoM challenged several major electronic companies for infringement of its proprietary transceiver technology. Full text

    Norway More reports

    NIPO joins the Patent Prosecution Highway

    14 Dec 2011 - The Patent Prosecution Highway pilot programme between the Norwegian Industrial Property Office (NIPO) and the US Patent and Trademark Office (USPTO) has commenced. The pilot programme is designed to provide for accelerated examination procedures allowing applicants to obtain corresponding patents faster and more efficiently in both the NIPO and the USPTO.Full text

    Romania More reports

    RPTO offers new Ideas Envelope service

    08 Oct 2008 - The Romanian Patent and Trademark Office has launched the Ideas Envelope, a new service allowing the deposit and protection of documents containing works and creations that cannot be protected under existing IP laws. Although the service does not confer IP protection, it may be effective in establishing the origin of contested works.Full text

    South Africa

    Criticism grows over World Cup prohibited marks

    10 Oct 2007 - Controversy has surrounded the publication of a list of FIFA trademarks and words, which the minister of trade and industry proposes be declared as prohibited marks in preparation for the 2010 World Cup. Critics argue that none of these marks is unique to FIFA and the list could potentially lead to absurdities, such as making any 2010 calendar illegal. Full text

    South Korea More reports

    Supreme Court upholds validity of selection invention patent for first time

    19 Dec 2012 - The Supreme Court recently upheld the validity of a patent for a selection invention in relation to an anti-psychotic drug, overturning an earlier Patent Court ruling. This is the first case in Korean history in which a selection invention patent has been held valid by the Supreme Court. The court also clarified for the first time what constitutes a qualitatively different effect.Full text

    Spain More reports

    Audiovisual exploitation rights for sport are not copyrights

    02 Oct 2013 - The Supreme Court recently clarified that the audiovisual exploitation rights of a football match cannot be deemed to be copyrights. The Royal Spanish Federation of Football had assigned the audiovisual exploitation rights of certain competitions organised by it to Grupo Santa Mónica Sport, SA (GSM). The case arose when GSM transferred such rights to another party, which then authorised certain local broadcasters to show a particular match.Full text

    Switzerland More reports

    SWATCH versus ICEWATCH: enforcing and terminating trademark co-existence agreements

    27 Jun 2012 - The Federal Supreme Court recently ruled on the appeal of Swatch Ltd, a leading Swiss watch and jewellery manufacturer, against the decision of the Berne Commercial Court to hold a trademark co-existence agreement between Swatch and TKS Ltd valid. The Supreme Court partially approved Swatch’s appeal and remanded the matter to the commercial court for reappraisal. Full text

    Thailand

    Supreme Court sets new precedent for figurative marks

    10 Sep 2008 - Owners of figurative element marks have struggled to obtain trademark registrations from the IP Office since many limitations are imposed on such registrations. However, two recent Supreme Court judgments have set a new precedent, allowing the registration of Coca-Cola and Sprite bottles as figurative marks. Full text

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