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Trade marks Archive

  • USPTO deputy director to step down in August

    July 30, 2008

    The USPTO deputy director, Margaret Peterlin, is to leave her post next month in the hope of facilitating an orderly transition to the new presidential administration

  • Eisai patent survives obviousness claim post-KSR

    July 28, 2008

    The US Court of Appeals for the Federal Circuit has upheld Japanese pharmaceutical company Eisai’s patent for heartburn and acid reflux drug Aciphex, a ruling which suggests that chemical compound patents are standing up to obviousness claims post-KSR v Teleflex

  • Green light for UK shopping centre brands

    July 28, 2008

    Shopping centres have won a battle to register their brands as trade marks in the UK, after a judge agreed that they provide services to the public

  • Indian judge urges specialist courts

    July 28, 2008

    A judge at Delhi’s High Court has urged every Indian state to set up specialist IP courts

  • Leahy introduces bill to increase damages

    July 28, 2008

    US Senator Patrick Leahy and Ranking Member Arlen Specter last week introduced legislation to improve enforcement of IP rights

  • USPTO defends rules in appeal brief

    July 28, 2008

    The USPTO has filed its opening brief with the US Court of Appeals for the Federal Circuit in its appeal of the consolidated suits filed by Triantafyllos Tafas and GlaxoSmithKline permanently enjoining the Office from promulgating its final rules package on claims and continuations

  • China’s Anti-Monopoly enforcement agencies named

    July 21, 2008

    China’s Anti-Monopoly Law will be enforced by three government agencies, according to official news sources

  • eBay not responsible for policing counterfeits, says US court

    July 21, 2008

    A US court has said that eBay cannot be held liable by jewellery store Tiffany & Co for direct or contributory trade mark infringement, a ruling which contradicts a French court’s recent holding in a similar dispute

  • Payless ordered to stop using American Eagle brand

    July 21, 2008

    In the latest of a series of trade mark-related complaints to be brought against bargain shoe store Payless, a US court has granted clothing store American Eagle Outfitters’ request for a preliminary injunction barring the store’s use of the American Eagle logo on footwear and bags

  • Reform dominates list of 50 most influential people

    July 21, 2008

    Managing IP’s list of the 50 most influential people in IP this year is dominated by figures involved in IP reform and policy discussions

  • USPTO opens peer review pilot to business methods

    July 21, 2008

    The USPTO has expanded its peer-to-patent pilot project to include business method patents

  • Berlusconi axes IP tsar

    July 18, 2008

    The Italian government has abolished the position of high commissioner to combat counterfeiting and piracy as part of its cost-cutting measures

  • India to hold hearing on Roche/Pfizer drugs exports

    July 14, 2008

    Pharmaceutical companies Roche and Pfizer have won the right to a hearing to oppose Natco Pharma’s applications to export patented medicines using a compulsory licence

  • Kerala becomes first Indian state to issue IP policy

    July 14, 2008

    Kerala has become the first state in India to issue its own policy on IP to address the controversial issue of protecting traditional knowledge

  • Philippines court in trade mark infringement u-turn

    July 14, 2008

    The Philippines Court of Appeal has completely reversed a decision made in December last year that sentenced a trade mark infringer to two years in prison

  • Progress for WIPO’s Development Agenda

    July 14, 2008

    The promotion of a development-oriented IP culture and enhanced access to patent databases were among 19 recommendations that were reviewed for implementation as part of WIPO’s Development Agenda, following a meeting last week

  • House of Lords clarifies obviousness test

    July 11, 2008

    Patent practitioners have welcomed a House of Lords ruling that clarifies the test for obviousness, saying it brings UK practice closer to that in continental Europe and should lead to more patents being upheld

  • European business sets out ACTA priorities

    July 05, 2008

    The Anti-Counterfeiting Trade Agreement (ACTA) should cover both civil and criminal enforcement and provide for reinforced border enforcement measures, according to the organization that represents businesses in Europe

  • Opt-in model proposed for European patent court

    July 05, 2008

    Countries could opt-in to a proposed European patent litigation agreement in the same way as they opt-in to the EU’s single currency, the euro, under plans being discussed in Brussels

  • Australian copyright case could go to highest court

    July 03, 2008

    Australia’s highest court is considering an application for leave to appeal made by a compiler of an electronic TV programme guide in a groundbreaking case dealing with copyright in compilations

  • Philippines announces IP enforcement strategy

    July 03, 2008

    The Department of Trade and Industry and the Intellectual Property Office of the Philippines have launched a five point strategy to improve IP enforcement in the region

  • How Quanta will change licensing

    July 01, 2008

    The Supreme Court's decision in Quanta v LG could make it harder for licensors to collect downstream royalties. Eileen McDermott explores the implications

  • Politics, power and passion - this year's MIP 50

    July 01, 2008

    With IP reforms being discussed around the world, this year's selection of the most influential people in IP features many politicians and campaigners. But there are also a few surprises

  • Why privilege rules need to be reformed

    July 01, 2008

    Attorney-client privilege is an increasingly contentious issue worldwide. Jochen Bühling and Michael Jewess introduce a series of jurisdiction-based Q&A articles

  • Litigation planning for licensors

    July 01, 2008

    IP licensing is a key tool in any company's belt. But several recent Supreme Court decisions could make the process trickier, say Edward E Vassallo and Swatee Jasoria

  • Forum shopping prospers despite Enforcement Directive

    July 01, 2008

    A review of seven jurisdictions shows that many disparities remain in enforcement in Europe. Canny IP owners can exploit these differences to their advantage

  • How biotech patentees can navigate KSR

    July 01, 2008

    Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test

  • What WIPO should do next

    July 01, 2008

    Former WIPO deputy director-general Geoffrey Yu spoke to Peter Ollier about how the Organization should heal divisions and move forward under new leadership

  • Coca-Cola bottle ruling opens door to 3D marks in Japan

    July 01, 2008

    A decision to recognize Coca-Cola's bottle as distinctive could force the Japan Patent Office to relax its guidelines on 3D trade marks

  • National IP Strategy focuses on enforcement

    July 01, 2008

    China's has approved a long-awaited National IP Strategy that commits the government to consider developing specialized IP courts

  • HP hit with $184 million jury award

    July 01, 2008

    Hewlett-Packard was last month ordered by a jury to pay $184 million to Cornell University for patent infringement

  • ECJ provides comparative advertising guidance

    July 01, 2008

    Trade mark owners can prevent comparative advertising only if it creates a likelihood of confusion among consumers, according to the ECJ

  • Point of novelty test for design patents reviewed

    July 01, 2008

    Judges focused on whether or not to maintain the point of novelty test for determining design patent infringement in last month's hearing in Egyptian Goddess v Swisa

  • China denies Microsoft probe

    July 01, 2008

    China's State Intellectual Property Office has denied rumours that it started an investigation into Microsoft for anti-monopoly activities

  • Peer-to-patent increases prior art submissions

    July 01, 2008

    he USPTO's peer-to-patent project has led to an increase in prior art submissions but has failed to bring in fresh patent applications in its first year

  • eBay suffers double defeat in France

    July 01, 2008

    Brand owners have scored two victories over eBay in France

  • Lipitor dispute settled

    July 01, 2008

    Branded and generic drugs companies could be more willing to compromise on IP rights, following the Pfizer/Ranbaxy settlement over Lipitor

  • Letter from the editor

    July 01, 2008

    1968 saw a social revolution in Paris. Forty years on, there is the potential for another memorable achievement in the city

  • Prepare for the domain name explosion

    July 01, 2008

    Are you ready for a world with 500 top-level domains? You should be. James Nurton reports from the ICANN meeting in Paris

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