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  • The Netherlands, Estonia and the EU Commission have issued statements criticising the final compromise texts for a new Trade Marks Directive and an amended Community Trade Mark (CTM) Regulation
  • The Philippine Foreign Investments Act (RA 7042), as amended, has a negative list defining areas or activities open to foreign investors and/or reserved to Filipino nationals. Various foreign chambers have asked for the opening of more activities to foreigners to attract foreign investment. On May 29 2015, the president of the Philippines issued Executive Order Number 184 promulgating the tenth Foreign Investment Negative List (FINL). The most significant change in this list is the relaxation of the list of professions that were otherwise only open to Filipino citizens. The 10th FINL retains only the following professions reserved to Filipino citizens: (1) pharmacy; (2) radiologic and x-ray technology; (3) criminology; (4) forestry; and (5) law.
  • Education they say should start from the cradle and end in the grave. The thinking of the Indian IPR Think Tank, constituted by Department of Industrial Policy and Promotion, which is responsible for the formulation and administration of overall industrial policy in India as far as IPR education in India is concerned, seems to be in this direction. The first draft submitted by the Think Tank clearly states the need to "progressively introduce IP teaching in schools, colleges and other educational institutions as one of the steps in achieving the objective of Human Capital Development".
  • In the case of Ho Tack Sien & Ors v Rotta Research Laboratorium SpA & Anor; Registrar Of Trade Marks (Intervener) & Another Appeal [2015] 4 CLJ 20, the plaintiff, who is the registered proprietor of the Viatril-S mark for pharmaceutical products in Malaysia, had succeeded in an action against the defendants in the High Court for infringement and passing off of the plaintiff's mark and obtained an order to expunge the Artril-250 mark from the register. The Court of Appeal affirmed the High Court's decision but set aside the plaintiff's claim for expungement. The court held that notwithstanding that infringement was established, the court could still elect not to allow expungement of the Artril-250 mark. The Court of Appeal also held that the Registrar of Trade Marks should be made a party in a rectification or expungement proceeding and the registrar's evidence be heard before the High Court made a finding on the plaintiff's application for expungement.
  • Many IP and competition lawyers have reacted to last week’s ruling from the CJEU in the Huawei v ZTE case regarding standard-essential patents and FRAND licensing. Here are some key quotes
  • The Defend Trade Secrets Act has been introduced in the Senate on the same day that a discussion draft of patent box legislation was introduced in the House of Representatives
  • Drew Hirshfeld, the USPTO’s deputy commissioner for patent examination policy, has been appointed the new commissioner for patents, effective immediately
  • The UK government will have to review its decision to permit private copying for personal use after the High Court in London quashed the 2014 Copyright Regulations
  • The 182 inter partes review petitions filed at the Patent Trial and Appeal Board in June was the most since June 2014. The month also saw two more post-grant review petitions as well as the Board instituting the first ever PGR proceedings
  • Trade mark association MARQUES is running a survey to find out more about its members and other IP professionals, and it closes on July 27
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