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  • One of the factors that is considered by trade mark tribunals in the United States when determining whether there is a likelihood of confusion between two marks is a comparison of the goods sold under the marks at issue. The test for trade mark infringement does not require that the goods sold under the respective marks be identical, or that they are even competitive. Rather, the test requires a relatedness between goods (or services) such that the products (or services) would be likely to be encountered by the same consumers in situations that would cause the mistaken belief that the products originate from the same source or that there is some association or connection between them. The determination, therefore, often yields different results based on specific facts.
  • When MediaCorp TV Singapore discovered that a local company called RecordTV designed, operated and owned a website (www.recordtv.com), which allowed members of the public to request free-to-air broadcasts and films owned by MediaCorp to be recorded for viewing, it immediately sent cease-and-desist letters to RecordTV.
  • Kenji Sugimura of Sugimura International Patent & Trademark Attorneys summarises recent changes in patent practice in Japan
  • Akihito Nakamachi of Anderson Mori & Tomotsune summarises some of the most important IP judgments made by Japan’s courts in 2009 and explains the fair use debate
  • Due to the adoption of TRIPs, several changes were introduced to adapt the Argentine legislation to the Agreement's minimum standards (such as the term of patent protection and the availability of patent rights in all fields of technology, for example).
  • Because pharmaceutical companies perform time-consuming clinical trials before receiving a marketing authorisation (MA) to put a product on the market, the protection offered by pharmaceutical product patents is often reduced by five to 10 years. This reduces the benefits from an IP monopoly.
  • A new trend in US copyright cases could save litigants thousands of dollars in discovery costs. Simon Frankel, Shannon Nestor and John Freed explain how
  • Here's how to ensure your adverts stay within the law in five of the world’s most important emerging markets
  • The Supreme People's Court issues its latest IP Interpretation