MIP Search | Managing Intellectual Property

Confusion over Germany and PCT claim fees

On October 1 2009, an amendment to the law on costs in patent affairs came into force in Germany. Previously no claim fees existed at the German Patent and Trademark Office (GPTO). The amended law regulates that every claim in excess of 10 claims incurs increased filing fees (electronic filing: €20/claim, paper filing: €30/claim). Compared to other jurisdictions, these claim fees are moderate.

Managing IP Correspondent, May 30 2012

First names make a difference in wines

French Trademark Law provides for the coexistence of a registered trade mark and an identical surname used in the course of trade. To protect against fraud, the latter can use its surname, which is an attribute of its personal rights, as a company name or trade name, excluding trade mark applications. The conditions are good faith and lack of a likelihood of confusion. The coexistence is fair if all precautions are taken against confusion and taking advantage of existing trade marks.

Managing IP Correspondent, May 30 2012

Rulings show need for clarity in interpreting claims

While the legislative work on the unified EU patent system has not progressed recently, and there has been no sensational news from the EPO, there have been a few recent decisions of the boards of appeal dealing with the interpretation of claims in EPO proceedings. More specifically, the question of whether and to what extent the description may be used to interpret the claims.

Managing IP Correspondent, May 30 2012

Split understanding on the relevant public

In one of its recent judgments, the Austrian Supreme Court had to decide on the likelihood of confusion between the word mark Sinupret registered (among other things) for pharmaceutical products and the sign Sinuvex used for pharmaceutical products.

Managing IP Correspondent, May 30 2012

New patent legislation enacted

The substantive amendments to the Patents Act, encompassed in the Intellectual Property Amendment (Raising the Bar) Act, have recently entered into force.

Managing IP Correspondent, May 30 2012

Rules changed on pharma patentability

Since the enactment of Argentine patent legislation in 1995 (complying with the TRIPs standards), the number of patent applications has increased consistently. In view of this, the Argentine Patent and Trademark Office (INPI) issued a set of resolutions that greatly increased the speed of prosecution.

Managing IP Correspondent, May 30 2012

Proposed Bill on plant breeders’ rights in Tanzania

Plant breeders' rights, also known as plant variety protection, are a form of sui generis IP rights designed specifically to protect new varieties of plants. Plant breeders' rights offer legal protection to breeders for the investment they make in breeding and developing new varieties.

Managing IP Correspondent, May 30 2012

Moves: A trio of moves in Germany

Germany has been hosting a game of musical chairs this past month or so, with a number of people switching roles and firms. First, Allen & Overy has hired partner Jens Matthes (far right) from Linklaters to lead its German IP team. Matthes, who had managed Linklaters' German IP practice since 2008, will join A&O's Dusseldorf office. He specialises in trade marks, design and patents, and also has experience in competition and licensing.

Managing IP Correspondent, May 30 2012

Internet IP: Get ready for 2,000 new gTLDs

It's the number everyone wants to know: how many new gTLDs will there be? While the figure will not be known for many months, Icann has revealed that there were 2,091 applications in the system when it was taken down on April 12, with a further 214 applications recorded.

Managing IP Correspondent, May 30 2012

Copyright: Computer programs not protected in Europe

Europe's highest court has ruled that the functionality of a computer program and the programming language cannot be protected by copyright.

Managing IP Correspondent, May 30 2012

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