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Russia: Guaraná Antarctica battles Aqua Antarctica

The word Guaraná has associations with Latin American countries around the equator even in the minds of those who do not know what Guaraná is. In fact, Guaraná is a climbing plant in some subtropical countries. It contains caffeine and is used in soft drinks and food additives. AMBEV, a Brazilian company filed a trade mark application No 2016706914 in 2016 for goods and services in Class 32.

Managing IP Correspondent, February 04 2019
“A tremendous year of change”

Managing IP reveals the top parties and law firms at the PTAB last year, looks back on some game-changing developments for the Board and previews the year ahead

Managing IP Correspondent, February 04 2019
EPO: Appeal board of EPO provides guidance on amendments filed late

In opposition proceedings before the EPO, the formal admissibility of amendments filed late by proprietors is a frequently debated topic and differently decided on. A recent appeal decision, T 500/15, reiterates the criteria for the assessment of admissibility of amendments that are filed late and the specific criteria the competent departments of the EPO should apply when exercising their discretionary powers with regard to admissibility.

Managing IP Correspondent, February 04 2019
Canada: Omnibus budget bill changes exceptions to patent infringement

In the omnibus budget bill passed by the Canadian parliament on December 3 2018 were numerous amendments to Canada's IP statutes, including to sections of the Patent Act that provide exceptions to infringement.

Managing IP Correspondent, February 04 2019
Mexican IP law undergoes major amendments

Christian Thomae and Victor Garrido of Dumont analyse changes to Mexican IP law in 2018, including alterations to the rules around fees, Declarations of Use and trade mark litigation

Managing IP Correspondent, February 04 2019
The Philippines: ODG assesses inventive step in patent case

In the appealed case of Frederick Vital Erum v Integrated Formworks Builder, the Office of the Director General (ODG) of the Intellectual Property Office (IPOPHL) issued its decision on October 19 2018, affirming the decision of the Office of the Bureau of Legal Affairs (BLA) cancelling Erum's letters patent no. 1-2006-00047 (047) entitled "A Table Form Support System for Concrete Forming," on the ground that the claimed invention lacks inventive step and is therefore not patentable. Under Section 21 of the IP Code, for an invention to be given patent protection, it must be new, have an inventive step and be industrially applicable.

Managing IP Correspondent, February 04 2019

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