Search results for

Stephen Gare of Mayer, Brown, Rowe & Maw in London examines how best to enforce IP rights in the UK, in the light of reforms to the court system

Petja Papula of Papula Oy in Helsinki assesses the success of the Eurasian patent system and the amendments that have been implemented since it was introduced in 1995

Despite the lack of specific statutory protection for sofware patents in Mexico, Fernando Becerril and Heriberto Lopez of Becerril, Coca & Becerril, SC, argue that protection can be secured with inventive claim drafting

Faced with an unauthorized use of his photograph, motor racing driver Eddie Irvine tried to enforce his personality rights in court. David Rose examines what the decision reveals about the English courts’ attitude to character rights

Ralph Cunningham, Asia Editor, MIP

The doctrine of equivalents may not be used to cover unclaimed subject matter disclosed in a US patent application. This was the holding of the Court of Appeals for the Federal Circuit (sitting en banc), in Johnson and Johnston Associates, Inc v RE Service Co (62 USPQ 2d 1225(March 28 2002)). This conclusion was contrary to the Supreme Court's majority opinion in Graver Tank & Mfg Co v Linde Air Products (339 US 605, 609 (1950)).

Better safe than sorry: even companies with no immediate intention of doing business in China should register their trade marks there. If not they could find themselves paying a lot of money in the future to prove fame, warns Gary Fechter

Ownership rights could be reclaimed by thousands of musicians and writers in the US if the creator of the Captain America character is successful in his battle with Marvel Enterprises, the publishing company.

New industrial property regulations in Poland give the Supreme Administrative Court control over the legality of decisions issued by the Polish Patent Office. The new rules that came into force on August 22 last year overturn more than 60 years of administrative procedure where control was limited to extraordinary appeals against final sentences which could be filed only by administrative boards in clearly defined special situations. These appeals were examined by judges of the Chamber of Administration Labour and Social Insurance at the Supreme Court and until last August the Supreme Administrative Court (which was set up in 1980), did not examine any matters related to industrial property. Under Polish constitutional law the Supreme Administrative Court along with the Supreme Court, the Constitutional Tribunal and the Tribunal of State is the highest court in Poland.

Patent applications in biotechnology have grown dramatically in the past decade, throwing up many challenges and posing new problems for patent offices. Ingrid Hering speaks to examiners at the EPO and USPTO to find out how they are dealing with these issues