MIP Search | Managing Intellectual Property

New weapons to combat counterfeits

This autumn several new agreements have been signed with the executive direction of the Italian Patent and Trademark Office (PTO) aimed at combating counterfeits in Italy.

Managing IP Correspondent, January 26 2011

Commissioner of Patents resigns

Dr Meir Noam, the Israel Commissioner of Patent announced his retirement as of December 31 2010.

Managing IP Correspondent, January 26 2011

Revised guidelines on computer programs

In November 2010, the Indian Patent Office published the revised draft manual of patent practice and procedure, revising the draft manual 2008 – a version that remains a draft even today. In the revised manual, guidelines for the patentability of computer programs and related inventions have been revisited. Under the provision of Section 3(k) of the Patents Act, 1970, "mathematical or business methods or computer programs per se or algorithms" are not inventions and therefore, are unpatentable.

Managing IP Correspondent, January 26 2011

Court of Appeals rules out “smart” infringement

In judgment 1617/2010 the Athens Court of Appeals dealt with two important issues relating to the facts on which trade mark infringement may be assessed.

Managing IP Correspondent, January 26 2011

Chocolate bunnies cannot be trade marks

In the February 2010 briefing, we asked MIP readers what they thought were the chances of survival for the following three-dimensional Community trade mark 4648465:

Managing IP Correspondent, January 26 2011

Internet disclosure in France and at the EPO

More and more technical information is available on the internet and it is increasingly used to challenge patentability. The probative value to be given to published literature, especially patent literature, is rather well established. Many case law and examination rules are also available regarding which standard of proof is to be used relative to public disclosure. Nevertheless, some guidelines were expected regarding information on the internet.

Managing IP Correspondent, January 26 2011

Previous search results must be given to EPO

For applications filed after January 1 2011, the EPO will require applicants in certain circumstances to provide it with the results of earlier searches carried out by other offices. The changes are set out in new Rules 141 and 70b of the EPC.

Managing IP Correspondent, January 26 2011

Proposed changes to rules on patent licensing

The State Intellectual Property Office (SIPO) proposes to amend the Patent Licensing Contract Recordal Administrative Measures (2001). It submitted draft changes on November 19 2010 and invited comments from the public.

Managing IP Correspondent, January 26 2011

Use your Benelux trade mark

Too often owners of trade marks have not been able to properly prove use of their trade mark in the Benelux. They lose opposition procedures, and cancellation actions based on non-use against their trade marks are successful. This occurs because they rely on the fact that they have a registered trade mark, without realising that use is required to keep such rights alive.

Managing IP Correspondent, January 26 2011

No declaratory action on invalidity of IP rights

There are countries, such as the United States, where it is common to file a declaratory action with the courts solely on the ground that the IP right of the defendant is invalid. This is not possible in Austria, according to a recent decision from the Austrian Supreme Court (OGH).

Managing IP Correspondent, January 26 2011

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