MIP Search | Managing Intellectual Property

How to prevent frivolous actions

Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the IP right.

Managing IP Correspondent, May 30 2012

Copyright Board cannot order interim tariff

In the recent decision of Super Cassettes Industries v Music Broadcast, the Supreme Court overturned a finding by the Delhi High Court that permitted the Copyright Board to grant an interim compulsory licence to a copyright in any Indian work.

Managing IP Correspondent, May 30 2012

Details of the new Trademark Law

A new law has been enacted in Greece by virtue of which the previous Trademark Law has been extensively amended. But because of several administrative changes that need to be made, the new law will not come into effect until October 11 2012.

Managing IP Correspondent, May 30 2012

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

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