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    Fraserburgh

    IP finance
    More reports

    Does design matter for markets?

    09 Apr 2014 - The intriguing appointment of a chief design officer at pharmaceutical giant Johnson and Johnson signals a board-level belief that great design wins market share. But it's not just looking pretty that counts – it is the melding of design to functionality that drives sales. Full text

    Rembrandts in the Attic redux: Wall Street's undiscovered country

    19 Mar 2014 - The authors of Rembrandts in the Attic, published in 2000, showed how intellectual property was one of the most valuable strategic assets that a company possessed. What has been revealed since is precisely what the authors postulated – the financial consequences of failing to execute business strategy around intellectual property can be catastrophic. Full text

    Attention all shoppers: brands on sale in southern Europe

    12 Mar 2014 - Southern Europe appears to offer a wealth of IP-rich companies available to international investors at reasonable prices. Blackstone’s €287 million investment in Versace in February 2014 for a 20% stake in the family-controlled luxury clothing company is the latest example of the supermarket sweep taking place in Italy (and much of the European periphery) for luxury brands. Full text

    EverEdge IP

    IP transactions

    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

    Crowdfunding, the JOBS Act and the future of innovation funding

    16 Apr 2014 - If you back a Kickstarter crowdfunding project by a company that ends up selling to Facebook for $2 billion, do you deserve to get a return on your campaign donation? There are several key valuation issues worth discussing in the context of crowdfunding which are very specific to the crowdfunding platform and the regulations surrounding it. Full text

    'Churn is king': how SaaS business models affect software company valuations

    02 Apr 2014 - Software vendors across the world are embracing the 'software as a service' (SaaS) cloud-based business model in growing numbers. According to the Software Equity Group, traditional software companies have an average enterprise value of three times revenue, while SaaS companies trade at a much higher multiple of 6.5 times revenue. But why are SaaS company valuations so high? Full text

    Business model innovation: why building a better mousetrap is not enough

    12 Mar 2014 - While energy and communications seem like unrelated industries, they have significant similarities if one considers the role of business model innovation as a precursor to success in bringing new technology to market. In a playing field littered with the corpses of failed ventures, two companies point to filling the gap in a business model as the key enabler of their success. Full text

    ENSafrica

    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

    ARIPO promotes plant variety protection

    11 Dec 2013 - In Africa, about 80% of all seed is spread through the free use, sharing and sale of seeds and/or propagating material among smallholder farmers. In order to harmonise the legal framework for the protection of plant breeders’ rights in Africa, the African Regional Intellectual Property Organisation has drafted the Draft Regional Policy and Legal Framework for Plant Variety Protection. Full text

    The early bird catches the patent worm

    02 Oct 2013 - Due to the global economic crisis, the heat is on for companies in the technology sphere to get the edge on their competitors. One way of doing this is by means of patent registrations. Patenting is no longer the exception to the rule. Globally, industry players invest substantial sums of money in protecting their intellectual property – and this includes defending that intellectual property against would-be infringers. Full text

    Drakopoulos Law Firm

    Albania
    More reports

    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

    Protecting international marks in a non-designated country

    05 Feb 2014 - Under the Madrid Agreement and Protocol, the Albanian courts give the same protection to international trademarks which have Albania as a designated country as to marks filed locally in Albania. Further, the courts have admitted that even international marks without Albania as a designated country are not necessarily excluded from legal protection. Full text

    Courts become more involved in examining IP disputes

    20 Nov 2013 - A recent case before the Tirana District Court and the Court of Appeal has shown that Albanian judges are beginning to develop a genuine interest in IP matters. Until recently, judges simply used to adopt the recommendations of the Albanian Trademark Office without examining the disputes before them in detail. The recent decision in Arseni Shpk v Bavaria NV appears to signal a new era for IP litigation in Albania. Full text

    Watermark

    Australia
    More reports

    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

    Remedies for IP rights infringement: delay and injunction

    19 Feb 2014 - Remedies for IP rights infringement in Australia include monetary compensation and injunctions. An injunction to restrain infringement is a powerful remedy and is sought as relief in many infringement cases. However, the remedy for infringement can be conditioned to take account of the plaintiff’s conduct, so the enforcement of IP rights should not be delayed. Full text

    Gowling Lafleur Henderson LLP

    Canada
    More reports | Archive

    Counterfeiters face stiff penalties

    05 Mar 2014 - Recent jurisprudence strongly suggests that Canada currently provides an increasingly high level of deterrence for IP rights violations. But is it enough? Coupled with legislative changes to the Copyright Act in 2012 and the further legislative changes on the horizon, it will be interesting to see where Canada ranks in the next Office of the US Trade Representative Special 301 Report. Full text

    CIPO Patent Prosecution Highway update

    15 Jan 2014 - The Canadian Intellectual Property Office (CIPO) and the State Intellectual Property Office of the People’s Republic of China have launched a Patent Prosecution Highway (PPH) pilot project, which will run until at least August 2015. In addition, CIPO has extended its PPH projects with Denmark, Korea and Japan. Full text

    "Plain and obvious” that innovators’ profits are not available to generics in Ontario

    08 Jan 2014 - The Ontario Court of Appeal recently upheld the Ontario Superior Court’s dismissal of Apotex’s claim for disgorgement of Takeda and Abbott’s profits in the context of the Patented Medicines (Notice of Compliance) Regulations. The divisional court applied the appeal court’s decision swiftly in a case involving another Apotex claim for disgorgement. Full text

    Wilkinson & Grist

    China
    More reports

    Highlights of 2013 filings and enforcement

    29 Jan 2014 - During 2013 China experienced continued growth in the number of applications filed for invention and utility model patents, but a slight drop in design patent filings. Domestic trademark filings showed a 14% increase and China became more active in stamping out infringement activities. Full text

    New Trademark Law finally promulgated

    09 Oct 2013 - The new Chinese Trademark Law has been promulgated after many years of discussion, and will come into effect on 1st May 2014. Among other things, the new law has taken a further step to combat bad-faith applications by regulating trademark agents, and has increased the maximum statutory damages for infringement. Full text

    Examining service provider liability for copyright infringement

    15 May 2013 - The unauthorised dissemination of copyright works through the Internet represents a major challenge for copyright owners worldwide. Holding network service providers liable for infringing activities by network users is the key to combating online copyright infringement effectively. A recent Supreme People’s Court judicial interpretation examines this issue. Full text

    Michael Kyprianou & Co LLC

    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

    New IP tax regime takes effect

    19 Dec 2012 - Amendments to the Income Tax Law have turned Cyprus into one of the best jurisdictions for royalty and holding structures. The new regime provides attractive opportunities for structuring the exploitation of IP assets through Cyprus, in particular through the use of Cyprus-resident IP owners. Full text

    The Cypriot patent system: Q&A

    26 May 2010 - In 1997 Cyprus entered the European Patent Organisation and became a member of the Patent Cooperation Treaty. Therefore, the most effective way for a European patent holder to enforce its rights in Cyprus is to file a court application for a freezing order until its case is heard by the courts. 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

    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

    Amendments to Patent Act and other IP laws on the way

    16 Oct 2013 - After the 2009 reform of the nullity and nullity appeal proceedings, the long-awaited next amendment to the Patent Act is expected to be proclaimed shortly. The new law will make the procedures more efficient and transparent for both users and the German Patent and Trademark Office (GPTO). It also aims to align the GPTO's procedures with those at the European Patent Office. Full text

    Upcoming changes to the Design Act

    14 Aug 2013 - Under the existing German Design Act, a revocation action must be filed with a civil court. This system is time consuming and costly. To solve this problem, the new Design Act will provide that a revocation request be filed with the German Patent and Trademark Office, a procedure comparable to the revocation process set out in the Community design system. Full text

    Wilkinson & Grist

    Hong Kong
    More reports

    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

    Changes in patent system announced

    12 Jun 2013 - The government recently announced that it has accepted the recommendations put forward by the Advisory Committee appointed to consider how Hong Kong should position its patent system in future and how best to implement any changes to that system in light of what the government decides. Full text

    Lakshmikumaran & Sridharan

    India
    More reports | Archive

    CCI focuses on abuse of judicial process during IP rights enforcement

    16 Apr 2014 - Over the past few years the Competition Commission of India (CCI) has taken up a number of cases involving the enforcement of IP rights. The latest IP case on the CCI’s roster is a complaint against JC Bamford (JCB) by Bull Machines alleging that bad-faith litigation by JCB intended to harass and prevent the commercial launch of a competing backhoe loader. Full text

    Strategising IP litigation in India

    09 Apr 2014 - One of the most crucial elements in planning any litigation is deciding against whom, where and when enforcement action should be initiated. The ‘where’ is becoming increasingly critical in litigation involving process patents. A recent decision of the Delhi High Court throws some light on the questions of when and where. Full text

    Patents, biosimilars and trademarks – another triangle?

    02 Apr 2014 - Are patents and patent enforcement the only tools in the hands of innovator pharmaceutical companies? Perhaps not. The recent decision in Roche v DCGI suggests an interesting triangle of regulatory, patent and trademark law, stemming from Roche’s success in obtaining an interim injunction against a product on which it had abandoned its patent rights in India. Full text

    Jacobacci & Partners spa

    Italy
    More reports

    How strong is a fortress? Inconsistency over confusing similarity between trademarks

    02 Apr 2014 - A recent Opposition Division decision held that the trademarks FORTEZZA (meaning 'fortress') and FORTENZA were not confusingly similar. The decision is inconsistent with other decisions in similar cases and confirms that the newly introduced opposition proceedings in Italy still come with the risk of highly unpredictable results. Full text

    Italian judicial proceedings stayed during EPO opposition proceedings

    26 Mar 2014 - The Court of Turin recently stayed judicial proceedings involving a European patent while opposition proceedings were pending before the Opposition Division of the European Patent Office. This decision is a departure from prevailing legal opinion in Italy. Full text

    San Daniele: Italy fights for its ham

    08 Jan 2014 - In a case involving the United Kingdom, Italy has confirmed that it will fight strenuously at the EU level in order to protect its geographical indication against infringements, particularly in the strategic food sector. Italian institutions are quite aggressive in protecting the sector against counterfeiting and infringement. Full text

    NLO Shieldmark

    Netherlands
    More reports | Archive

    Illegal downloads arrive in the Netherlands

    16 Apr 2014 - Until April 10 2014, illegal downloads did not exist in the Netherlands. Anyone could legally download music, films and books without incurring a penalty. However, on that date the European Court of Justice ruled that the download ban would take effect in the Netherlands immediately. Full text

    De Smaak Van: protecting trade names and domain names

    09 Apr 2014 - A preliminary relief judge recently accepted De Smaak Van's request that use of the trade name De smaak van Twente for culinary activities be stopped. As both companies are engaged in the organisation of culinary events and the provision of business gifts and Christmas hampers, and their activities all take place in the region of Twente, the judge felt that there was a risk of confusion. Full text

    Protecting The Diary of Anne Frank

    29 Jan 2014 - The Diary of Anne Frank is well known. Frank's death in 1945 meant that copyright in the diary will expire in 2016, and thus the Anne Frank Trust applied for additional protection under trademark law. However, both the Benelux Office for Intellectual Property and the Court of Appeal rejected the application. Full text

    Hechanova & Co

    Philippines

    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

    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

    Giving value to an idea

    06 Feb 2013 - It is well settled that an idea cannot be protected as such by an IP right. However, since most breakthroughs or significant changes in business are based on ideas - often a simple but brilliant idea - it seems appropriate to consider just how an idea can be valued. In Romania, the Ideas Envelope offers a way to keep safe ideas which cannot yet be protected. Full text

    Gorodissky & Partners

    Russia
    More reports

    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

    Grey imports in disguise

    26 Feb 2014 - The issue of parallel imports has undergone many turns, retreats and advances over the years. The courts issued divergent judgments and interested parties have engaged in heated arguments for and against parallel imports. At last, the courts have reached a logical conclusion: rights holders must have full control over the use of their trademarks in Russia. Full text

    Intellectual property goes to market

    22 Jan 2014 - Russian law provides various ways of commercialising intellectual property. The owner of a patent or trademark may assign it or grant a licence, and franchising is also becoming more popular. Further, in December 2013 the second Russian IP auction was held, resulting in deals of more than Rb60 million. 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

    TIPO releases new Examination Guideline to clarify dual filing system

    19 Mar 2014 - In Taiwan, the utility model patent system is usually associated with corresponding 'dual filing' measures, which allow an applicant to file an invention application and a utility model application with the Taiwan IP Office (TIPO) based on the same creations on the same day. TIPO recently released the new Examination Guideline dealing with this system. Full text

    Legislative amendment introduces administrative border control measures

    05 Feb 2014 - At present, the Patent Act provides no administrative border control measures for a patentee to seek the detention of infringing goods. However, in an effort to strengthen patent protection, the legislature recently amended the act to add four border protection provisions, which will take effect by the end of March 2014. Full text

    Accelerated examination now available for green-tech patent applications

    08 Jan 2014 - To encourage the development of green technologies, the Taiwan Intellectual Property Office has included green technology patent applications in the Accelerated Examination Programme (AEP). As of 1st January 2014, green technology patent applications are entitled to expedited examination if the applicant files an AEP request. Full text

    Carpmaels & Ransford LLP

    UK
    More reports

    No sitting on the fence: IPEC finds groundless threats of patent infringement

    02 Apr 2014 - The Intellectual Property Enterprise Court (IPEC) has found in favour of a claimant who was groundlessly threatened with patent infringement proceedings. Despite obtaining a non-infringement opinion from the Intellectual Property Office, the defendant represented himself before the IPEC and seemingly suffered from his lack of legal advice. Full text

    “I want you to stay”: Court of Appeal agrees to await outcome of EPO central limitation

    26 Mar 2014 - The European Patent Office's central limitation procedure has shown its potential to disrupt infringement and validity hearings in the UK courts after the UK Court of Appeal agreed to adjourn an appeal in the ongoing dispute between Apple and Samsung. Full text

    Financial pitfalls associated with interim injunctions

    26 Feb 2014 - In AstraZeneca v KRKA the High Court considered the merits of arguments put forward when trying to recover damages following a cross-undertaking in respect of an interim injunction that was subsequently discharged. Significantly, the judge chose to rely on the evidence of medicine managers rather than that of expert economists when assessing the loss of first-mover advantage. Full text

    Kenyon & Kenyon LLP

    USA
    More reports

    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

    USPTO issues guidance for determining subject-matter eligibility

    26 Mar 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, to assist patent examiners in assessing whether claims cover subject matter that is eligible for patentability. Full text

    Sunrise period for new gTLDs open

    18 Dec 2013 - The sunrise periods for 14 new generic top-level domains, owned by registry Donuts, Inc, have now begun. A sunrise period is a 60-day window during which trademark holders can exclusively secure relevant registration before general availability. Full text

     

    Older articles
    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

    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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