MIP Search | Managing Intellectual Property

Strategies for dealing with the non-joinder provision

Marla Butler explores the likely impact of and possible strategies for navigating the non-joinder provision mandated by the America Invents Act

Managing IP Correspondent, February 29 2012

Trade mark survey: Asia

Australia

Managing IP Correspondent, February 29 2012

Does EU Customs need greater powers?

Following the Nokia and Philips judgments last year, and recent suggested amendments to the Customs Regulation, Managing IP asks whether EU law should be amended to give Customs greater powers to seize IP-infringing goods. Two lawyers give two different views

Managing IP Correspondent, February 29 2012

Louboutin claims colour exclusivity

One method typically employed by brand owners to develop brand awareness is the consistent use of a particular colour for its products or packaging. The goal is for consumers to see a product or packaging in that colour and immediately make the connection with a particular source. The use of the colour on a product or its packaging can, in turn, come to signify a specific brand.

Managing IP Correspondent, February 29 2012

Assignment claims for Go Fast reach full stop

In a case involving a number of parties with conflicting claims to the designation Go Fast, and a rather complex factual background (too long to be summarised here), the Swiss Federal Supreme Court clarified the preconditions for claims to assignment of infringing designation rights, as an alternative to cancellation claims.

Managing IP Correspondent, February 29 2012

Hispania more recognisable than Vienna?

An applicant filed a trade mark application for a combined designation consisting of a stylised snowflake and stylised word part, Hispania.

Managing IP Correspondent, February 29 2012

Forest Fresh similar to Wunderbaum

Proving trade mark reputation in Poland is very difficult and it is rare that the Polish Patent Office considers evidence to be sufficient to grant such status.

Managing IP Correspondent, February 29 2012

Consider an administrative review of a patent

The period of opposition against a granted patent in Norway is nine months. However, after the opposition period has expired, there is a lifelong opportunity for third parties to request an administrative review of a granted patent before the Norwegian Industrial Property Office (NIPO). A request for an administrative review may be requested for any Norwegian patent whether granted by NIPO or EPO patents validated in Norway.

Managing IP Correspondent, February 29 2012

My trade marks not registrable

A fundamental requirement of a registrable trade mark is that it must be capable of distinguishing one trader's goods or services from those of another. The recent High Court decision of AMI Insurance v AA Insurance, IAG New Zealand, Vero Insurance New Zealand and Tower Insurance, emphasised the importance of choosing a distinctive trade mark that is capable of indicating the origin of a product or service in trade.

Managing IP Correspondent, February 29 2012

Federal Law for Consumer Protection amended

The Federal Law for Consumer Protection (FLCP) contains a set of generic rules for the advertising of practically all products and services. It focuses on protecting consumers' rights, whereas the Consumer Protection Bureau (PROFECO) is the governmental agency in charge of investigating and resolving matters arising under the Consumer Protection Law.

Managing IP Correspondent, February 29 2012

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