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  • tsang-howard2.jpg
    Comment sought on well-known marks
    On November 11 2008 the Supreme People's Court of China published the draft Interpretation of certain questions on the application of law relating to the recognition and protection of well-known marks in the adjudication of civil disputes like trade mark infringements (Interpretations) for consultation.
    Managing IP Correspondent, December 01 2008
  • yoghurt.gif
    Absolute ground test crushes interlocutory injunction
    Based on German 3-D-mark 399 06 072 (figure 1) registered for consumption-ready cereals and desserts in classes 29 and 30, German company Alois Müller GmbH & Co has obtained an interlocutory injunction against Italian company Milkon Alto Adige ordering it not to distribute in Germany its yoghurt product (figure 2), which also uses a two-chamber yoghurt cup (Civil Court Munich, file 4HK O 8370/08).
    Managing IP Correspondent, December 01 2008
  • mitchellrichard.jpg
    Supreme Court okays selection patents
    In an important decision, Apotex Inc v Sanofi-Synthelablo Canada Inc [2008, SCC], the Supreme Court of Canada reaffirmed, in principle, the validity of selection patents where the selected members of a genus posses a special advantage not present in the remainder of the genus, provided the requirements of novelty and non-obviousness are satisfied. However, much of the Court's discussion has more general application.
    Managing IP Correspondent, December 01 2008
  • aunt-caroline.jpg
    ASA upholds Aunt Caroline's image
    The Advertising Standards Authority (ASA) of South Africa has ruled that the image of "Aunt Caroline" on Tiger Brands' Aunt Caroline rice product, as apart from the Aunt Caroline brand, is worthy of protection.
    Managing IP Correspondent, December 01 2008
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    Patent claim can be amended after grant
    In a recent decision the Austrian Supreme Court as the third and last instance (after the Austrian Commercial Court and the Higher Regional Court) held in preliminary proceedings that a patent claim can be amended after grant to change its scope of protection from a trivial-mixing process to a Swiss-type claim.
    Managing IP Correspondent, December 01 2008
  • toplu-unlu-selma.gif
    Avoiding the confusion of medications
    Selma Toplu Ünlü and Özge Atilgan of Mehmet Gün & Partners outline the likelihood of confusion and the relevant public in the world of pharmaceutical trade marks
    Managing IP Correspondent, December 01 2008
  • treloar-peter.jpg
    Contributory infringement provisions unclear
    The recent Australian High Court case of Northern Territory v Collins [2008] HCA 49 highlights the problems of the Australian contributory infringement legislation. The legislation was originally introduced in an attempt to align Australia's patent laws with those of the United States and other major countries. However, the convoluted operation of the legislation has left it doubtful that it applies to method patents per se.
    Managing IP Correspondent, December 01 2008
  • cagirgan-riza-ferhan.gif
    Preparing the field
    Riza Ferhan Cagirgan of Gur Law Firm discusses the development of IP litigation in a developing country
    Managing IP Correspondent, December 01 2008
  • deris-aydin.jpg
    Compensation in trade mark conflicts
    Aydin Deris and Okan Çan of Deris Patents and Trademark Agency and Deris Law Office outline Turkish trade mark rights enforcement procedure and recent legislative developments
    Managing IP Correspondent, December 01 2008
  • patent-applications-puffs.jpg
    Progress and a new draft law
    Ersin Dereligil of Destek Patent Inc outlines the structure of Turkish patent prosecution and highlights some recent developments
    Managing IP Correspondent, December 01 2008
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