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Cover Story

  • Death pangs of the doctrine of equivalents

    On May 22 this year, the US Supreme Court decided the most eagerly-awaited patent case in many years, Festo v SMC. The case addresses a key issue for patent holders: what protection is available under the doctrine of equivalents. But was the decision as important as many people have claimed? What effect will it have for patent applicants and litigants in the US? And what impact will it have on the US Patent and Trademark Office, the Federal Circuit and district courts? MIP invited six senior IP practitioners in the US to a round table discussion, held at the Washington DC offices of Finnegan Henderson, to discuss the implications of the Festo decision, as well as other recent patent cases. James Nurton moderated the discussion

Features

  • INSIGHT: Why kids merchandising is work for grown-ups

    Children mean big business in the world of toys, books and clothes merchandising. Ingrid Hering visited the headquarters of Fox Kids Europe to investigate how its licensing strategy works

  • INTERVIEW: IP’s white knight in Congress

    Howard Coble is a congressman in the United States House of Representatives and has been chairman of the Subcommittee on Courts, the Internet and Intellectual Property since 1994. He is a Republican and represents North Carolina. Blaine Merritt has been chief counsel of the subcommittee since February 2000.

  • NEWS FOCUS: Controversy as Sony loses mod-chip verdict

    Australia’s Federal Court has ruled against Sony in a case over the mod-chipping of PlayStations. As the first case to test provisions of the Digital Agenda Amendment Act, the arguments about its rights and wrongs are likely to run and run. Ralph Cunningham reports

  • How to beat the pirates

    Anti-counterfeiting agencies have scored some major victories against copyright pirates in the UK. But enforcement remains an uphill struggle, as Ingrid Hering reports

  • TV marriage game comes unstuck

    In a row over the ownership of a programme format, Delhi High Court has granted protection to information revealed in a series of meetings about the programme idea. The decision is a triumph for the protection of confidential information, argues Binny Kalra

  • Use it and lose it

    In the first case of its type since the new Patent Act, a patent has been struck out on the basis of a premature sale. Adrian Zahl examines the implications of the decision for patentees in Canada

  • Shape marks threatened in Europe

    The ECJ’s ruling in Philips v Remington has dealt a blow to trade mark owners hoping to register shape marks in Europe. Chris McLeod examines the decision

  • When IP systems collide

    The heated debate intensifies over how far geographical indication protection should go. Bruce J MacPherson sheds light on the consequences for brand owners and outlines the INTA proposal solution on how how to avoid a collision between GIs and TMs

  • The risks of trade mark licensing

    A trade mark licensing programme should be a win-win situation. But, as Dickerson M Downing explains, licensors in the US need to be aware of the risk of products liability suits

  • The insurance evolution for intangibles

    The insurance industry has dragged its feet over IP risk management but things are changing rapidly, explains Robert Chase

  • Seeds of discontent in the Philippines

    New plant variety protection legislation favours breeders over farmers, say protestors. Irrespective of the arguments, the first-to-file rule means you must to move quickly to secure your rights, argue Chris Lim and Rommel Casis

  • Letter from the editor...

  • Taxation without representation on the net

    Michael Geist, law professor, University of Ottawa, and director of e-commerce law, Goodmans LLP, Toronto

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November / December 2019

IP law: are the pressures taking their toll?

Following World Mental Health Day, Max Walters seeks the views of in-house professionals on whether they struggle with workplace pressures, and asks how to improve wellbeing



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