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    50 most influential people in IP
    Meet the most influential Europeans in IP
    Managing IP included 18 Europeans in its 2010 list of the 50 most influential people in IP. We introduce them here, beginning with Benoît Battistelli, who tells Emma Barraclough about his plans for his time as president of the European Patent Office
    Managing IP Correspondent, September 30 2010
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    Extraterritorial application of the Lanham Act
    When a brand owner believes that its valuable trade mark rights have been infringed by a third party, it can be faced with a difficult decision over the appropriate forum for enforcing its proprietary rights. The decision can be more difficult if the injury that resulted from the infringement occurred outside of the country in which the trade mark owner is pursuing enforcement action.
    Managing IP Correspondent, September 30 2010
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    A careless patent application
    Japanese patent applications should be exceptionally careful in describing the claim of the patent, as courts favor an objective determination of disputes concerning the matters set out in the application. Underscoring this is a recent judgment of the Osaka District Court, which ruled against the holder of a brand-name pharmaceutical patent and in favour of a generic company due to the former's carelessness in determining the claim.
    Managing IP Correspondent, September 30 2010
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    Amendment to the Industrial Property Code
    The long-awaited amendment to the Italian Industrial Property Code (IPC) was finally enacted on September 2 2010, by means of legislative decree 131/2010.
    Managing IP Correspondent, September 30 2010
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    The impact of Monsanto
    In a recent judgment, the Court of Justice of the EU was called upon to interpret Article 9 of the European Directive 98/44/EC (Biotech Directive) in respect to the scope of protection of a patent on a product containing genetic information (Judgment of July 6 2010; case C-428/08; Monsanto v Cefetra et al).
    Managing IP Correspondent, September 30 2010
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    Plant variety protection compared to EU
    Although plant variety protection is available on the Community level in Europe by Regulation 2100/94/EC, member states continue to have national legislation in place which is not uniform. In view of IP strategy for plant commercialisation within Europe, it could thus be worthwhile for applicants to figure out the most suitable regime.
    Managing IP Correspondent, September 30 2010
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    Protection of databases
    Databases have acquired – in the digital era – paramount importance for commercial activities, since they gather information that can be used, for example, to design marketing programmes (databases containing information about potential clients) or reducing risks when granting credits (databases containing the credit history of a person).
    Managing IP Correspondent, September 30 2010
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    What the EPO’s rule changes mean for life science applicants
    The European Patent Office has introduced rule changes to speed up patent examination. Camilla Lidén, Ellen Setréus and Ylva Skoglösa of Valea explain the possible implications for biotechnology and pharmaceutical companies
    Managing IP Correspondent, September 30 2010
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    Interview: The US gets a new chief judge of IP
    At the September IPO Annual Meeting in Atlanta, Chief Judge Randall Rader of the US Court of Appeals for the Federal Circuit told the story of his court’s creation. He sat down with Eileen McDermott there to talk about why that story is important, what advice he has for other similar courts and why he said the Supreme Court is not doing enough these days
    Managing IP Correspondent, September 30 2010
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    COPYRIGHT: Copyright and compilations explained
    Miriam Stiel and Katherine McMahon of Allens Arthur Robinson look at two recent decisions that have called into question the scope of copyright protection
    Managing IP Correspondent, September 30 2010
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