MIP Search | Managing Intellectual Property

Federal Court lenient on foreign language filing

Patent applications may be filed at the German Patent and Trademark Office (GPTO) in a language other than German, provided that a full translation of the foreign language application is filed within three months from the filing date. According to Section 35 of the German Patent Act, the application is deemed not to have been filed if a complete translation is not filed in time.

Managing IP Correspondent, March 30 2011

Wragge & Co hires IP litigator in China

Wragge & Co has hired IP litigator Tom Carver as the new director of the firm’s office in Guangzhou.

Managing IP Correspondent, March 30 2011

Big copyright fine for EC

The General Court of the EU recently found that the Commission infringed the copyright and know-how of Systran machine-translation software. To sanction this behaviour, on December 16, 2010 it ordered the Commission to pay Systran liquidated damages of €12.001 million.

Managing IP Correspondent, March 30 2011

Practice and procedure development

The Raising the Bar initiative at the EPO has – via a number of changes in the Implementing Regulations and EPO Guidelines – attempted to streamline examination. Among other things, the introduction of new EPC Rules 62a, 63 and 70a attempt to introduce elements of examination at the search phase, so that when a patent application reaches the Examining Division, it should be clear what the invention is, what is claimed and what has been searched.

Managing IP Correspondent, March 30 2011

The reflex effect put into practice

Following the dispute between the Belgian company Engels and the Korean car manufacturer Daewoo for the exclusive right to use a logo composed of the letters DE, light was shed by the Benelux Court of Justice on the question of whether the owner of a lapsed trade mark can preclude a third party from using a confusing sign by invoking provisions on unfair competition (Daewoo Electronics Europe v D Engels).

Managing IP Correspondent, March 30 2011

No trade mark protection for Flügerl

Everybody who has ever been to Austria for skiing is likely to have come across the famous mixed drink Flügerl. A Flügerl is a shot-like drink consisting of a Red Bull and red or white vodka, and is very commonly offered at après-ski huts in Austrian ski resorts. The trade mark Flügerl has been registered for non-alcoholic drinks (class 32) as well as for alcoholic drinks (class 33).

Managing IP Correspondent, March 30 2011

Uganda allows flexible specifications

Since the recent implementation of new software, the Trade Marks Registry in Uganda has insisted that specifications of goods and services be worded exactly in accordance with the class headings as set out in the 9th edition of the International (Nice) Classification. As a result, acceptance notices have been issued requiring that specifications that deviate from the wording used in the Nice Classification be changed - before the application can proceed to advertisement.

Managing IP Correspondent, March 30 2011

Griswold and Beresford honoured at North America awards

USPTO director David Kappos gave prizes to retired commissioner for trademarks Lynne Beresford and former chief IP counsel of 3M Gary Griswold at Managing IP’s North America awards ceremony in Washington DC last night

March 30 2011

Copyright survey methodology

The IP survey consists of rankings of the leading firms practising intellectual property in each country, presented in tiers. The total number of firms listed in each jurisdiction varies according to the size of the market. The survey is not an exhaustive list of every firm in each jurisdiction; even firms listed in the lower tiers have been recommended by a number of practitioners and deserve congratulations on their inclusion.

Managing IP Correspondent, March 30 2011

Copyright survey results

Australia

Managing IP Correspondent, March 30 2011

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