MIP Search | Managing Intellectual Property

New Zealand: IP and the ICC Cricket World Cup

Cricket fans from around the world are about to feast themselves on the bowling and batting of their favourite teams as the 20th ICC Cricket World Cup 2015 takes place in Australia and New Zealand.

Managing IP Correspondent, February 23 2015

Philippines: Clearer language in licence agreements

In the case of Ricardo Honrado v GMA Network Films, docketed as GR No 204702, the Supreme Court of the Philippines in its decision dated January 14 2015, showed the need for clearer language in drafting licensing agreements.

Managing IP Correspondent, February 23 2015

EPO: Independence under pressure

As reported in our article in July 2014, the interim decision of the Enlarged Board of Appeal (EBA) of April 25 2014 in case R 19/12 has highlighted a statutory imperfection of the patent system in Europe. More specifically, it follows from the decision that the judicial independence of the Boards of Appeal which follows from Article 23 EPC may not be reconcilable with the organisational ties of the vice president of the Boards of Appeal to the management of the EPO.

Managing IP Correspondent, February 23 2015

Japan: Colour marks and sound marks introduced

At last, the Trade Mark Act 2014 amendment, which will come into effect on April 1 2015, has introduced new kinds of trade marks such as colour marks and sound marks. In the United States, Christian Louboutin had filed a lawsuit against Yves Saint Laurent for an infringement of Louboutin's trade mark, consisting of a red, lacquered outsole on a high fashion woman's shoe. We may expect similar lawsuits in Japan in the near future.

Managing IP Correspondent, February 23 2015

Mexico: Jurisdiction of IP authorities

Recently, the Mexican Trade Mark Office found that a Mexican company had infringed the image of a Mexican actor. However, the use was found in an advertisement for a hairstyling product in a store in Puerto Rico. The authority sustained that since the parties were both Mexican and the related product was made in and exported from Mexico, it has enough authority to sanction an infringement for the non-authorised use of the image for commercial purposes outside Mexico.

Managing IP Correspondent, February 23 2015

Netherlands: Patent infringement by brochure on English website

On January 9 2015, the Dutch first instance patent court found that a Dutch company had "offered" a product because a product brochure was accessible from its English language website. As a result, the company was found to have violated a preliminary injunction on offering the product for use in an infringing process.

Managing IP Correspondent, February 23 2015

Romania: Granini’s Golden C trade mark application rejected

In a decision of OHIM's Opposition Division on February 9 2015, in opposition case B 001934796 – Heineken Romania SA v Eckes – Granini Deutschland GmbH – the examiners found that there is a likelihood of confusion between trade marks having an identical first verbal element ("Golden").

Managing IP Correspondent, February 23 2015

Russia: Trade mark dispute over Terra Contes

The designation Terra Contes on application number 2012711660 with priority of April 4 2012 was filed in the name of a Russian company Trade House KODRU in respect of goods in class 33, alcoholic beverages.

Managing IP Correspondent, February 23 2015

Switzerland: Arthurs prevails over Arthur

The Supreme Court recently issued a judgment in a trade mark and company name infringement action where both parties were using and had registered trade marks and company names with the main distinctive element Arthur or Arthur's.

Managing IP Correspondent, February 23 2015

Taiwan: Dual-track patent validity determination

Where there are doubts as to the validity of a patent, a patent invalidation action may be filed with the Taiwan Intellectual Property Office (TIPO) to request revocation of the patent, or patent invalidity may be used as a defence in infringement litigation to assert non-infringement.

Managing IP Correspondent, February 23 2015

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