MIP Search | Managing Intellectual Property

Why Africa must nurture home-grown brands

Developing IP is essential for companies that want to add value to commodity products. David Haigh, CEO of Brand Finance, explains how some of Africa's biggest brands are leading the way

Managing IP Correspondent, September 30 2009

A guide to pharmaceutical trade marks

When creating trade marks, pharmaceutical companies often choose words that are similar to the generic names of the International Nonproprietary Name (INN) system administered by the World Health Organization (WHO). These marks frequently incorporate the first or last syllables of the relevant INN. The chart below provides samples of trademarks registered in Class 5 for pharmaceutical products that are similar to an INN.

Managing IP Correspondent, September 30 2009

IP court considers joint-inventor status

Claiming joint-inventor status after a patent has been granted in Taiwan does not necessarily give the claimant the right to the patent.

Managing IP Correspondent, September 30 2009

Poland accedes to Geneva Act

On July 2 2009 the Republic of Poland acceded to the Geneva Act (1999) of the Hague Agreement, which enables the protection of industrial designs in a number of member states and intergovernmental organisations by filing a single international application with the International Bureau of the World Intellectual Property Organization. At present, there are 35 contracting parties to the Geneva Act, while the total number of contracting parties to the Hague Agreement amounts to 56.

Managing IP Correspondent, September 30 2009

Revised Copyright Law comes into effect

Last March Korea's National Assembly Committee on Culture, Sports, Tourism, Broadcasting & Communications passed a bill to amend the country's copyright laws to include a so called "three strikes" law to ban illegal uploading of copyright works of others. Despite a great deal of anxiety by many over the passage of the bill, especially from the online community, the revised copyright law came into effect on July 23 this year.

Managing IP Correspondent, September 30 2009

Government boosts generic drug makers

A generic drug is a drug in which the patent term relating to the active ingredient has expired. Under the Pharmaceutical Affairs Act, the approval of the Ministry of Health, Labour and Welfare (the MHLW) is required for any manufacture and marketing of drugs, and as a matter of course, the same rule would be applicable to generic drugs. Although the application procedure for the approval of generic drugs is easier than that for the approval of new drugs, generic drugs are subject to certain restrictions.

Managing IP Correspondent, September 30 2009

ECJ decides on granting of SPCs

On September 3 2009 the European Court of Justice (ECJ) gave its ruling in Case C-482/07 on prejudicial questions regarding the interpretation of Regulations (EEC) No 1768/92, concerning Supplementary Protection Certificates (SPCs) for medicinal products and Regulation (EC) No 1610/96, which concerns SPCs for plant protection products.

Managing IP Correspondent, September 30 2009

Court removes mark from register

The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors.

Managing IP Correspondent, September 30 2009

Judge confirms national exhaustion in Mauritius

The topic of parallel imports, and the difference between international and national/regional exhaustion of rights in various jurisdictions, is a perennial favourite with Managing IP. Readers have enjoyed the adventures of IP owners and importers in Australia (Ralph Lauren, May 2008), Russia (Porsche, March 2009), France/EC (Dior, April 27 2009), DR/CAFTA (Supplement – Brand Management Focus 2009) and China (Supplement – China Focus 2009).

Managing IP Correspondent, September 30 2009

First smell mark registered

Argentine Trademark Law protects both products and service marks. Under the Law, the ownership of a trade mark and the right to the exclusive use thereof are acquired by registration in accordance with Section 4 of Law 22,362 (trade mark law), which has adopted the attributive system. Consequently, if there is no registry of a trade mark, there is no right thereto.

Managing IP Correspondent, September 30 2009

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