MIP Search | Managing Intellectual Property

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

Court of Appeal addresses passing off

Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006].

Managing IP Correspondent, February 29 2012

IPAB rules on business methods

In a recent decision, Yahoo v Asst Controller of Patents & Anr, the Intellectual Property Appellate Board (IPAB) affirmed the decision of the Patent Office, rejecting Yahoo's patent application under Section 3(k) of the Patents Act, 1970. This may be the IPAB's first ever decision on the interpretation of Section 3(k).

Managing IP Correspondent, February 29 2012

ACTA provokes protests

Greece, together with 21 other EU countries, signed the Anti-Counterfeiting Trade Agreement (ACTA) on January 26 in a ceremony in Tokyo.

Managing IP Correspondent, February 29 2012

Court rules on SPCs with negative duration

Recently, the Court of Justice of the EU (CJEU) decided on yet another referral on the interpretation of Regulation 1768/92 EEC, which established supplementary protection certificates (SPCs). In the specific case (C-125/10, Merck Sharp & Dohme v DPMA), the Court had to comment on SPCs with negative duration.

Managing IP Correspondent, February 29 2012

Limitation request refused

The Appeal Court of Paris, in a judgment dated September 7 2011, has affirmed a decision of the Director General of INPI to refuse a request for a limitation of a European patent.

Managing IP Correspondent, February 29 2012

EU patent court on hold

Last month's briefing reported that observers had good reason to fear that the EU's proposal for a unitary patent system including a unified patent court would be rushed through under the current Danish EU presidency. However, things have now changed, and the EU patent court is on hold, once again.

Managing IP Correspondent, February 29 2012

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