MIP Search | Managing Intellectual Property

Court rules on non-essentiality of patents

The UK High Court has made its first declaration of non-essentiality (DONE) in a patent dispute between two telecoms companies

Managing IP Correspondent, February 01 2008

Ambiguity in Article 8 of the Paris Convention

One of the most widely used instruments for the protection of intellectual property is the Paris Convention, which, is one of the oldest IP agreements (it was signed in Brussels on March 20 1883). This Convention brings together almost every country in the world and is used by many IP rights owners to get recognition of their rights in different countries from those where they were obtained or declared.

Managing IP Correspondent, February 01 2008

Two new decisions on Swiss-type claims

In the first decision, the Austrian Supreme Patent and Trade Mark Senate (ASPTS) has found that in a declaratory action concerning the non-infringement of a patent the existing right (patent) as defined in the register shall form the basis of the proceedings. Thus, only the subject matter in dispute shall be compared with the subject matter of the patent. However, the validity of the claims of the patent on which the action is based shall not be the object of these declaratory proceedings.

Managing IP Correspondent, February 01 2008

The new copyright law

After years of public discussion and position papers, the Knesset – Israel's parliament – recently enacted the Copyright Act, 2007 (New Law), which will come into effect in May 2008. The New Law replaces the Copyright Act of 1911 that was passed by the British Parliament and made applicable to pre-state Israel during the British Mandate, as well as most of the provisions of the 1924 Copyright Ordinance (Old Law).

Managing IP Correspondent, February 01 2008

TM infringement on the net and beyond

Franck Soutoul and Jean-Philippe Bresson of Inlex analyze differences between EU and French trade mark practice, and discuss the particular problems that Google poses

Managing IP Correspondent, February 01 2008

Court awards P96.5 million to inventor in patent infringement suit

On December 18 2007, the Regional Trial Court of Quezon City (RTC) under presiding Judge Reynaldo Daway found Avida Land Corporation (Avida) guilty of patent infringement and ordered it to pay inventor Edgardo Vasquez and his company Vasquez Building Systems Corporation (VBSC), P96.5 million ($2.37 million) in temperate, moral, exemplary damages and attorney's fees.

Managing IP Correspondent, February 01 2008

How to survive EU enlargement

On May 1 the EU will open up to 10 new member states. Stéphanie Bodoni seeks answers to frequently asked questions about the impact enlargement will have on IP rights

Managing IP Correspondent, March 31 2004

How to solve country code domain disputes

Many ccTLDs have now been opened up to international brand owners, but there is no uniformity in how disputes are handled. Lori Faye Fischler examines the rules, and how they are implemented, in the 10 most popular jurisdictions

Managing IP Correspondent, December 01 2003

Emerging markets: Asia-Pacific: Laws change as deadline looms

The approach of 2005 and TRIPs Agreement conformity has proved to be a great motivator in Asian jurisdictions. A flood of new patent legislation has entered the statute books. Some countries already comply with the agreement. Others have a bit more work to do, reports Ralph Cunningham

Managing IP Correspondent, February 01 2002

Emerging markets: Asia-Pacific: Laws change as deadline looms

The approach of 2005 and TRIPs Agreement conformity has proved to be a great motivator in Asian jurisdictions. A flood of new patent legislation has entered the statute books. Some countries already comply with the agreement. Others have a bit more work to do, reports Ralph Cunningham

Managing IP Correspondent, February 01 2002

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