MIP Search | Managing Intellectual Property

Canada's Supreme Court backs prior user rights

The Canadian Supreme Court has ruled that use of a trade mark in one geographic region of the country confers national rights

May 27 2011

Judge: Europe “in a tangle” over software

US and EU judges diverged over approaches to patentability of software and business methods during a discussion between judges and IP practitioners this week

May 27 2011

Bill on trade marks introduced

Admittedly, there has been a lot of water under the bridge since 1994, when Law 2239/1994 on Trademarks was enacted in Greece. More importantly, the need for a new law that could more efficiently deal with trade mark matters was growing. Recently, a Bill on Trademarks was introduced with some important amendments in this respect.

Managing IP Correspondent, May 27 2011

Court overturns practice on unlawful deprivation

As in several other jurisdictions, in Germany a patent belongs to the inventor or his successor in title. If this right is infringed, the lawful owner has two options, namely filing a suit for the recovery of his property with an ordinary court, or filing an opposition with the German Patent Office (DPMA), within the opposition period of three months. The latter option offers the unique opportunity to file a new patent application claiming priority of the unlawful application.

Managing IP Correspondent, May 27 2011

Proposal on employee inventions

In France, the legal framework for inventions made by salaried employees of a company is defined in article L611-7 of the French Intellectual Property Code.

Managing IP Correspondent, May 27 2011

A clarification on selection inventions

Selection inventions are inventions that concern a smaller subset or range – which has not explicitly been mentioned – of a previously-known larger set or range.

Managing IP Correspondent, May 27 2011

How to use The Wayback Machine

Showing what was available at a particular moment in the past on a particular internet website may be critical in a variety of legal contexts. As stated in an introductory article in Managing IP (May 2011), The Wayback Machine (www.archive.org) is a free online internet archiving service. Understanding its underlying technology helps in setting correct expectations and asking the correct questions.

Managing IP Correspondent, May 27 2011

Paradigm shift on inventiveness requirement

Austria is one the countries which offers protection for technical inventions not only via patents but also utility models. When the Austrian legislator enacted the first Utility Model Act in 1994 he commented that the requirement of inventiveness for utility models was lower than that for patents.

Managing IP Correspondent, May 27 2011

Drop-down box counts as trade mark use

Recently, the Australian courts found that use of a trade mark on a global website amounted to use in Australia. In International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited, the Australian Federal Court addressed the issue of whether use of a trade mark on a UK-based website that included Australia as one option in a drop-down box amounted to Australian use.

Managing IP Correspondent, May 27 2011

Guidelines on microorganisms should be changed

One of the fields where science has made the greatest progress in the past few decades is biotechnology, and it is precisely in the area of biotechnological patents, and especially those related to microorganisms, where the Argentine Republic faces one important challenge.

Managing IP Correspondent, May 27 2011

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