Search results for

The Madras High Court, in January this year, admitted a special petition under the Constitution of India (a writ petition) challenging the constitutional validity of the provisions establishing the Intellectual Property Appellate Board (IPAB). The IPAB, constituted to take over erstwhile functions of the High Courts in India, is the only statutory appellate body for certain decisions of the Intellectual Property Offices in India.

In an action for infringement of a 3D trade mark, decision 585/2010 of the Athens Multimember Court of First Instance defined the conditions under which a 3D trademark depicting the product that it distinguishes has distinctive character. The court accepted that the plaintiff's filled rolled wafer in the shape of a cigar was innovative, since wafers had previously been flat and without a filling. For this reason, the court found that a three-dimensional trade mark depicting the product has distinctive character.

On November 25 2010, the National Copyright Bureau of China (NCB) promulgated the Measures for Registration of Copyright Pledge, replacing the Measures for Registration of Copyright Pledge Contract of September 23 1996. The new measures came into effect on January 1 2011.

The Australian courts and the Australian Patent Office continue to have divergent views on the level of obviousness required to invalidate a patent. Whilst the Patent Office has attempted to move Australia towards the European so-called "problem and solution" approach, the courts highlight deficiencies in it and refuse to adopt the Office's preferred view.

Article 39.3 of TRIPs establishes that test data required as a condition to approve the marketing of pharmaceutical or agricultural chemical products which use new chemical entities, the origination of which involves a considerable effort, shall be protected against unfair commercial use.

J Kitty Huang presents the results of a survey into attitudes to IP management among Taiwanese companies

The Governmental Advisory Committee’s so-called scorecard for Brussels reveals the body is taking a more moderate approach to consultations on new gTLDs than many thought

Daryl Grecich, director of marketing and programs strategy for the International Trademark Association, died of heart failure on February 2 aged 44. In nine years at INTA, Daryl worked to increase sponsorship, partnerships and participation in the Association's activities. He worked particularly closely with Managing IP in developing the INTA Daily News (launched in 2003) and other publishing projects. Donations in memory of Daryl can be made to the Alzheimer's Association, a charity which he supported in honour of his father. Contact details are at www.alz.org and www.alzfdn.org.

A motion to review the "current state" of the UDRP has been passed by the Generic Names Support Organisation Council of Icann, which is the organisation's policy making body. An issues report will examine "how the UDRP has addressed the problem of cybersquatting to date, and any insufficiencies/inequalities associated with the process". And "whether the definition of cybersquatting inherent within the existing UDRP language needs to be reviewed or updated". Once this is completed, the Council will vote on whether to start a policy development process, which could later effect change in the UDRP. "I don't think it is well timed with everything else going on with new gTLDs as the UDRP is the one solid mechanism currently in place," said David Taylor of Hogan Lovells (right), though he said a review might strengthen it for brand owners.