MIP Search | Managing Intellectual Property

How to litigate patents in China

Benjamin Bai, Peter Wang and Tony Chen of Jones Day explain how to enforce a patent in the world's most litigious country for patent disputes

Managing IP Correspondent, March 31 2007

Taiwan gets tougher on use requirements

In Taiwan, although a trade mark owner is not required to submit evidence of use of his/her registered mark to the Trademark Office voluntarily, the registered mark will be vulnerable to cancellation if, without justifiable cause, the mark has not been used for three years following its registration or if, after a period of use, use of the mark is discontinued for a period in excess of three years.

Managing IP Correspondent, March 31 2007

Ruling stops generics filing authorizations

Article 3 of the Swedish Patents Act states that no one other than the patent holder or the patent holder's licensee is entitled inter alia to manufacture, offer, launch on the market or use a product which is protected by a patent. A recent judgment addressed the question of what constitutes an offer and when such an offer contravenes the terms of article 3 of the Patents Act as far as pharmaceutical preparations are concerned.

Managing IP Correspondent, March 31 2007

IP reform to address gap in criminal protection

The Polish Parliament has been given a proposal of changes to the Law on Industrial Property (the IP Act). The proposed changes cover several aspects of industrial property protection in Poland, including the protection of trade marks under criminal law. If the proposed changes are implemented, they should have a significant impact on criminal case law.

Managing IP Correspondent, March 31 2007

New approach to composite marks

Section IV of article 90 of the Mexican Law of Industrial Property (IPL) establishes an absolute ground for refusal based on the descriptiveness of the mark. This provision prohibits the registration of descriptive names, figures and three-dimensional forms. However, it also contains an exception in that all the elements and characteristics of the mark should be "considered as a whole".

Managing IP Correspondent, March 31 2007

Two steps forward, one step back

Record numbers of trade mark and patent applications were filed in China in 2006, reflecting the growing awareness of IP in the country. But the growth is also putting increasing pressure on the agencies that administer IP rights, say Xuemin Chen and Xiaoguang Yang of Zhongzi Law Office

Managing IP Correspondent, March 31 2007

India: Brands transformed

Ankit Prakash of Anand and Anand in New Delhi looks at the evolution of brand management and considers the impact it has had on business in India. He also reviews recent cases where trade mark rights have been upheld

Managing IP Correspondent, March 31 2007

France: How to prevent your mark becoming generic

If you have a famous mark, you need to take steps to stop it becoming generic. Delphine Kaufmann of Novagraaf France reviews recent cases in France and the EU in this area and provides some tips for brand owners

Managing IP Correspondent, March 31 2007

Continental drift

A swift glance at national trade mark decisions in Europe in the past year shows no real pattern, as local legal culture peeps out from under the blanket of harmonization, argues Jeremy Phillips

Managing IP Correspondent, March 31 2007

Appeal Court slams Da Vinci Code ruling

James Nurton, London

Managing IP Correspondent, March 31 2007

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