MIP Search | Managing Intellectual Property

Whisky too weak to receive a trade mark

The New Zealand High Court has reversed a decision by the Assistant Commissioner of Trade Marks that upheld an application by the Mill Liquor Save for the word mark MacGowans covering "whisky flavoured spirits; none of the foregoing being whisky", despite opposition by the Scotch Whisky Association.

Managing IP Correspondent, January 31 2013

First fine handed out under New Zealand’s three strikes law

The first fine has been issued under New Zealand’s three strikes anti-illegal downloading regime, according to a report in Stuff.co.nz

January 31 2013

US design patents count against designs in Europe

Impliva recently filed a declaration of invalidity with regard to an umbrella design applied for by Senz Technologies. It was held to be invalid because a pre-published US patent (US 5,505,221) showed the same overall impression as the deposited design.

Managing IP Correspondent, January 31 2013

Filing reforms will save paper and money

Much has been written about the paperless office in recent years, and the rapid development of IT is enabling an increasing number of paperless practices. Paradoxically, consumption of paper has increased exponentially since the increased availability of computers and printers. The main reason is that we have become conditioned to use paper since childhood and paper has become an intimate part of how we generate, access and store information.

Managing IP Correspondent, January 31 2013

Copyright Amendment Act rewarded by US

Malaysia's responsiveness to counterfeiting and piracy was rewarded when it was announced in April 2012 that it had been removed from the USTR's 2012 Special 301 Review. The removal of Malaysia from the US special watch list comes as Malaysia strengthens its IP legislation and steps up enforcement measures, including in the area of copyright.

Managing IP Correspondent, January 31 2013

Toe Su Aung elected INTA president

Toe Su Aung has been elected the 2013 president of INTA and chair of its Board of Directors. She is the general counsel covering anti-illicit trade for BATMark, a subsidiary of British American Tobacco. Aung’s work for BATMark focuses on anti-counterfeiting and piracy, as well as governance and advocacy.

Managing IP Correspondent, January 31 2013

Guidelines issued on biotech patents

In December 2012, the Indian Patent Office (IPO) issued draft guidelines on the examination of patents relating to biotechnology. The draft has been made public in order to solicit comments.

Managing IP Correspondent, January 31 2013

Boost for owners of famous marks

Under the Greek law on trade marks, a trade mark owner has to prove that its mark is a famous one both in infringement cases before the civil courts and in opposition or cancellation action proceedings before the Trademarks Administrative Commission and the administrative courts, since the concept of a famous trade mark is considered to be a matter of fact, not a matter of law.

Managing IP Correspondent, January 31 2013

Different disclosure standards for novelty and priority

Apriority claim is valid only if all features of a technical teaching described by a patent claim can be derived, directly and unambiguously, from the disclosure of the priority document. In a recent nullity case (BGH X ZR 3/10), the German Federal Supreme Court (BGH) overruled the Federal Patent Court (BPatG), which had decided that a patent claim enjoys priority even if one of its features is only implicitly, but not directly and unambiguously disclosed in the priority document.

Managing IP Correspondent, January 31 2013

What happens if the wrong party appeals?

Article 107 EPC governs the question of who has the right to file an appeal against a first-instance decision by the EPO. It states that "Any party to proceedings adversely affected by a decision may appeal". This places two requirements on the appellant – they must have been party to the first-instance proceedings, and they must have been adversely affected (at least one of their requests must have been rejected).

Managing IP Correspondent, January 31 2013

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