Search results for

China is planning to amend its Patent Law for the fourth time. Since the last amendment to the Patent Law in 2008, the country has been planning further amendments to the Law. According to a news release from SIPO, the object of the new amendments is primarily to strengthen the protection for or enforcement of patents and to overcome the drawbacks of the current enforcement system.

Geographical indications are important, to protect and preserve intellectual property related to tradition, local cultures and production methods. But even though they grant protection to a community and not to individual right holders, they can cause tension, between two regions in the same country for example.

At first sight one might think of music and not of liquor in connection with Mozart. However, the Austrian Supreme IP Tribunal recently ruled descriptiveness of Mozart for liquor as being notorious.

In mid-2001, Australia introduced an innovation patent system, loosely modelled on the German utility patent system. The problem with the innovation patent system that was overlooked, was that it had no obviousness test, but rather a lesser innovative step test. The innovation patent was "intended to fill the "gap" that existed with regard to minor and incremental innovations. It offers a quick, less expensive and simple form of protection".

The origination of information which allows the marketing approval of new pharmaceutical products by the regulatory authorities has become a more complex and demanding process due to dramatic technological advances.

In a recent matter before the Gauteng North High Court (Bayerische Motoren Werke v Grandmark International) BMW took on a spare parts manufacturer, Grandmark International, for alleged infringement of its registered designs. The designs related to various parts of a motor vehicle, for example a bonnet, which BMW alleged were being infringed by Grandmark. However, the court found that a part such as a bonnet is a purely functional article, and as such cannot be filed as an aesthetic design. This judgment sparked debate from various corners, as it has a profound impact on original motor manufactures and replacement part manufactures alike.

Nordic law firm Roschier has created a new trade mark prosecution practice in Finland by absorbing Benjon.Benjon, which does trade mark prosecution, portfolio management and strategy work, became part of Roschier's IP and technology team as of October 8. Markku Tuominen (far left), newly appointed as partner, will lead this new practice while Benjon founder Seija Saaristo retires.

A US jury will decide whether a mother can claim damages from Universal Music, which issued a DCMA takedown notice over a home video she posted to YouTube of her infant son dancing to a Prince song. The 29-second recording shows Stephanie Lenz's son jumping around to the song Let's Go Crazy by Prince &The Revolution. The music can be heard in the background of the clip, which Lenz posted on YouTube back in 2007.

New appointments at the EU's Luxembourg-based courts have seen two new judges and an advocate general begin work at the Court of Justice, with another judge at the General Court. The Court of Justice clarifies points of European law referred to it by judges in the EU's 27 member states and hears appeals of decisions of the General Court.

Pharmaceutical companies could find the life of their patents cut short in Australia after the government announced it is rethinking provisions that enable patent rights to be extended for up to five years. Mark Dreyfus, Parliamentary Secretary for Industry and Innovation, (left) said last month that the government has set up a panel to review extension arrangements for pharmaceutical patents. "In certain circumstances, pharmaceutical patents can be extended by up to five years beyond the normal patent term. These provisions were introduced back in 1998, and are due for review," he said.