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  • In our article in September 2006, we commented on a European decision that caused a sensation in Italy because it introduced a ban on the use of the name "Tocai Friulano" for the well-known Italian wine produced in the Friuli region (east of Venice) due to the prior rights of the Hungarian geographical region Tokaj.
  • V&S Vin & Sprit Aktiebolag (V&S), the owner of the Absolut trade mark, one of the most well-known and reputed brands in the world for spirits and luxury goods, filed a civil suit in India against Bangalore based pharmaceutical company Pharmed and one of its subsidiaries (Pharmed) for infringing, passing off and diluting its well-known trade mark Absolut in India. V&S came to know about the said infringement in early 2007 through Pharmed's website, where it was displaying and offering for sale anti-oxidant capsules and syrups under an identical mark. V&S immediately notified Pharmed of the infringement and misuse of its well-known mark and requested that it immediately cease and desist such infringing acts.
  • In a recent decision (Ionenaustauschverfahren; 3 Ni 48/06 (EU)), the German Federal Patent Court (BPatG) ruled on who has to bear the costs in a nullity suit against a patent that is upheld with restricted claims that were not attacked by the plaintiff.
  • Managing IP presents the first part of its annual survey, ranking the leading firms for patent work in 70 jurisdictions
  • When the Federal Circuit granted TS Tech USA Corporation's petition seeking transfer of its case out of the Eastern District of Texas at the end of December, patent plaintiffs around the globe collectively gasped. Eileen McDermott reports
  • The Korean Intellectual Property Office (KIPO) first began work as an international searching authority (ISA) and an international preliminary examining authority (IPEA) in December 1999. In the years following, KIPO was selected as a competent ISA and IPEA by several countries, including the US in 2006. KIPO became only the second foreign patent office (following the EPO) qualified to act as both an ISA and IPEA for US international applications, which could be interpreted as international recognition of KIPO's search and examination quality.
  • The innovative research process plays a fundamental role in the chemical-pharmaceutical and chemical-agricultural industries. Patents and data exclusivity are two of the key mechanisms for legally protecting the results of such research.
  • The introduction of absolute novelty and a system requiring companies in China to seek permission from SIPO before filing abroad are among patent amendments approved in China
  • Under the patent marking statute, a party is "entitled to damages from the time when it either began marking its products in compliance with section 287 (a) or when it actually notified [the infringer] of its infringement, whichever is earlier." (Am Med Sys, Inc v Med Eng'g Corp [Fed Cir 1993]). Section 287 (a) provides: