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In a recent judgment from the Athens Full Member Court of First Instance, the court reaffirmed its position that the TRIPs agreement is directly applicable in Greece and prevails over the provisions of the EPC.

If the EPO considers that a European patent application fails to comply with the EPC such that a search for the European Search Report (ESR) cannot be carried out, a communication under Rule 63(1) EPC is issued. It may be triggered if for example a clarity objection under Article 84, an objection under Article 76 regarding a divisional application, an objection under Article 123(2) or an objection under Article 53c relating to exceptions to patentability is issued.

The function of the EPO Boards of Appeal is to review decisions from divisions of first instance (the examining or opposition division). The EPO appeal procedure is not designed to be a complete review of a case ab initio, and the options for introducing new arguments, claim amendments and new evidence are limited.

The new Patent Licensing Contract Recordal Measures came into effect on August 1 2011, replacing the old Patent Licensing Contract Administration Measures.

Previous articles described how The Wayback Machine (TWM, www.archive.org) may be used to establish a date of public availability for a particular internet page, which may be useful in legal proceedings. These articles also discussed a pitfall when dating information from a page which uses frames. This article discusses another pitfall, which relates to the use of objects in a page.

A merchant (not related to the firm Puma) in the perfume market sued a competitor for infringement of Puma's trade mark by its use of a Jungle Man logo. Puma's trade mark has been used for perfumes on the Austrian market through sales by means of its website. The plaintiff sued for trade mark infringement on the basis of Trade Mark Law and on the Law Against Unfair Competition for misleading consumers by use of a confusingly similar sign.

The full consequences of granting patents for so-called obvious inventions under the Australian innovation patents system are now being felt. Patent applicants have found that they can place significant hurdles in front of defendants in patent litigation trials. The result is that the scales are now firmly tipped to the advantage of patentees during litigation.

Article 50 of the TRIPs agreement establishes that the judicial authorities shall have the authority to order prompt and effective provisional measures to prevent the infringement of any IP right, and also the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.

On August 1 2011, the Kenya Standard newspaper reported that the Kenya Shippers Council (KSC) has a cunning plan to reduce the time taken to clear imported goods through the Port of Mombasa to three days. Also known as Kilindini, that port serves land-locked neighbours as well as Kenya and is second only to Durban among posts on the east African range. It is actually my home town and the news snippet conjured back the sun, ships and stevedores, the cargoes, cranes and Customs sheds among which I sweated before joining the law. What has all that got to do with intellectual property, I wondered?

On August 1 2011, the Kenya Standard newspaper reported that the Kenya Shippers Council (KSC) has a cunning plan to reduce the time taken to clear imported goods through the Port of Mombasa to three days. Also known as Kilindini, that port serves land-locked neighbours as well as Kenya and is second only to Durban among posts on the east African range. It is actually my home town and the news snippet conjured back the sun, ships and stevedores, the cargoes, cranes and Customs sheds among which I sweated before joining the law. What has all that got to do with intellectual property, I wondered?