Search results for

In the summer of 2009, the principle of regional exhaustion for goods released into circulation in the European Economic Area (EEA) was introduced into the Swiss Patent Act. Thus, the patent owner's exclusive right is deemed exhausted when patented products have been released on to the market by the owner or with his consent within the EEA or Switzerland. Such products can accordingly be imported into and sold in Switzerland notwithstanding the patent in Switzerland covering these products.

Under the previous Korean Trade Mark Act, when a company filed a trade mark (mark B) that was similar to a prior trade mark registration (mark A) that had grounds for invalidation, as long as mark A was registered and valid when mark B was filed, mark B could not be registered because of its similarity to mark A. This applied even if mark A was invalidated after mark B had been filed. Therefore, in a case where mark B was rejected on the grounds of similarity to mark A, the company filing mark B had no choice but to first invalidate mark A, and then refile mark B.

For over 11 years, Lucas and Peterson have been locked in a patent dispute over a portable saw mill. Lucas, an Australian company, was involved in the design and manufacture of outdoor machinery. Lucas' principal product was a grabber, which is a device for picking up logs. Peterson was a New Zealand company and its principal product was a portable saw mill that it sold mostly in Australia, New Zealand and the Pacific Islands.

The battle between Lockheed Martin and Raytheon, the two of the largest companies in the global defence industry, reached a new level at the High Court in Malaysia last year. The argument was over the registration and use of the trade mark Paveway, a type of laser-guided bomb made by Raytheon in Malaysia.

On December 30 last year, the Ministry of Economic Development signed the public notices implementing the new National Innovation Fund, instituted last March by decree number 107. The aim of the Fund is to support innovative projects based on the economic use of IP rights, to reinforce the Italian patent and to assist its transferability.

Under the Copyrights Act 1957 copyright societies are authorised to grant licences for copyrighted works. No other person except the owner of the work or a copyright society can grant a licence. A copyright society has the task of collective management of the rights of the owners and furthers their interests to prevent infringement of their works, in India as well as abroad. As India is a member of international conventions, the copyright societies in India can have reciprocal arrangements with organisations in other countries for collection of royalties for use of Indian works in these countries. Again, the owners have to withdraw the licence bestowed on the copyright society without prejudice to the rights of the society. In India, copyright societies like IPRS, PPL, SCRIPT have been protecting and managing the rights of the owners for musical, sound recording and cinematographic works respectively.

As of January 29 2010 the EPO has launched the so-called PCT Patent Prosecution Highway Pilot Programme with the USPTO and the JPO. The programme enable PCT applicants whose applications have been regionalised or nationalised before one or more of the three offices to have their patent application enter a fast track examination process, provided that another of the three offices has served as ISA and – where a demand was filed – as IPEA in the international phase. Moreover, the PCT application must contain claims that were deemed allowable in the international phase. To enter the fast track programme, the applicant must file a request and fulfil a series of requirements. The requirements for applications regionalised before the EPO are outlined here.

The constitution of OAPI was the 1977 Bangui Agreement. Each OAPI member adopts, as its national IP laws, the detailed provisions set out in the Agreement (OAPI laws). The founder members of OAPI were Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Gabon, Ivory Coast, Mauritania, Niger, Senegal and Togo. Mali acceded in 1984, Guinea in 1990, Guinea-Bissau in 1998 and Equatorial Guinea in 2000.

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449

I have just been promoted to partnership at my firm and need to attract more clients. What advice do you have?