MIP Search | Managing Intellectual Property

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Brazil: Renowned marks gain increasing recognition

Brazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be registered and then go through a specific proceeding at the BPTO for a declaration of high renown which will be valid for 10 years.

November 22 2019

Analysing reasonable protection scope in medical use claims

Wu Xiaohui of Wanhuida assesses when a medical use claim is supported by the patent description

Managing IP Correspondent, November 22 2019

Russia: Dura lex sed lex

A question is occasionally asked whether Russian courts treat foreign companies in the same way as Russian companies. The answer is usually a soothing one in that all parties in a conflict are on the same footing. The case examined below sheds more light on the stance of the courts.

Managing IP Correspondent, November 22 2019

Germany: CJEU clarifies the impact of a declaration

For EU trademarks filed before June 22 2012, the scope of protection granted at the time of registration encompasses even goods and services that may later be added by a declaration, if the trademark was originally protected for all the goods and services under the heading of its Nice class. Furthermore, the consideration of evidence not presented in due course can be reprimanded, but does not vacate the judgment if the belated evidence was not of vital importance but merely additional evidence.

Managing IP Correspondent, November 22 2019

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Mexico: Real and effective use of a trademark

A problem that impacts day to day in our country, and specifically the owners of trademarks, is the deficient or lack of regulation in our legislation regarding what is and what should be understood by "use of a trademark", "use of a trademark in accordance with the customs and habits" and "effective use v token use".

Alejandra Badillo, November 22 2019

Africa: A trademark judgment that will please multinationals

There were two interesting trademark judgments in Mauritius recently. Although these judgments do not contain any groundbreaking law, they do highlight how keen the Mauritian authorities are to attract foreign investment. Part of this process seems to involve making trademark protection and enforcement easily accessible. One way of doing that is to follow foreign precedents closely, particularly UK and European authorities.

Managing IP Correspondent, November 22 2019

Court rules on burden of proof in patented process case

The reversal of burden of proof in civil proceedings concerning the enforcement of rights for patents for processes is a provision that exists in the laws of many countries, including Greece.

Managing IP Correspondent, November 22 2019

Battle of judges on unexpected and remarkable effect

Takanori Abe of Abe & Partners analyses a case which evaluates what to compare to determine unexpected and remarkable effect

Takanori Abe, November 22 2019

Vietnam: Is site blocking the solution to online piracy?

Websites offering pirated content can inflict tremendous damage on copyright holders, but due to the simplicity of sharing digital content in today's high-speed, always-connected online environment, copyright protection is a serious challenge for both rights holders and government authorities.

Duc Anh Tran, November 22 2019

India: Understanding the functioning of the Trade Marks Registry

The increased adoption of technology has resulted in better efficiency and accuracy of records at the Indian Trade Marks Registry. It takes under 12 months to register a trademark; it used to take around two to three years. This article analyses the improvements that have been made by the Trade Marks Registry and remaining challenges for brand owners.

Managing IP Correspondent, November 22 2019

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