Search results for

Philip Lapin and Jamie-Lynn Kraft of Smart & Biggar assess developments in the Canadian trademark landscape, including the country’s accession to the Madrid Protocol, changes to the use requirement, amendments to the rules around distinctiveness and the ability to file applications for non-traditional trademarks

Youping Ma and Guoquan Yang of Bridgeon assess a recent case concerning AI in which, among other questions, the issue of whether a software developer can be an author was assessed

The most recent decision of the Düsseldorf Appeal Court of January 9 2019 (Case No. I-2 U 27/18) in the legal dispute concerning the active substance fulvestrant contributes to solidifying the new liability requirement of "sufficient scope of use". This was formulated by the court for the first time in the Östrogenblocker decision of May 5 2017 (Case No. I-2 W 6/17). Subject to the proceedings was European patent EP1272195B1, which protects the use of fulvestrant in the preparation of a medicament for the treatment of a patient with breast cancer who was previously treated with an aromatase inhibitor and tamoxifen and where such previous treatment failed.

Foreign applications for trademarks and designs are on the up, according to the UKIPO’s annual report, which also shows a decline in patent applications and a focus on workplace wellbeing

From tracking trends to updating its data sharing policies, Interpol’s illicit goods unit officer tells Managing IP how its anti-counterfeiting programmes are keeping pace with IP crime

Nigel Swycher, CEO of patent analysis software company Cipher, looks ahead to the IP Corporate Strategy Summit 2019

It is no secret that artificial intelligence (AI) has the potential to transform many aspects of IP. The role and impact of the technology has been discussed many times and in many forums, but what we've done in this issue's cover story is bring together several views in one place. Most notably, we have spoken to Francis Gurry, the director general of WIPO, as well as Christian Archambeau, executive director of the EUIPO. We have also included comments from CIPO in Canada, to provide a wider view of how IP offices are using AI and their assessment of its influence.

The enforcement of trademark infringement crimes is not ex-officio in Turkey. In other words, trademark owners have to file a criminal complaint to start criminal IP proceedings for each and every case. Thus trademark owners have to take into consideration beforehand, all possible risks that might occur in a worst case scenario, especially counterclaims which could include damages figures put forward by infringers if no fake products can be seized during an actual raid or even worse, if original products are seized during a raid instead of fakes.

In In re TracFone Wireless, Inc., the Trademark Trial and Appeal Board (TTAB) issued yet another decision finding that a particular designation fails to function as a mark – the subject of over 21% of precedential rulings this year. These decisions highlight the importance of brand owners, marketing teams, advertising departments and legal counsel coordinating effectively.

As data reveals that German and French attorneys lag behind their UK counterparts on the tests for appearing at the EPO, Managing IP asks why the UK leads the field