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  • Ingrid Hering, London
  • The new Law on Industrial Property has overhauled trade mark protection in Poland. Slawomira Piotrowska of Patpol in Poland explains how to register trade marks under the new Law
  • ? EU: The Community Designs Regulation came into force on March 6, providing uniform registered and unregistered design rights across member states. OHIM will administer applications for registered Community Designs.
  • Pharmacia Corp, GD Searle & Co and Pfizer Inc (the patentees) were the proprietors of European Patent (UK) 0 679 157 (the patent) relating to chemical compounds having use as non-steroidal anti-inflammatory drugs (NSAIDs). The patentees appealed the findings at trial that the patent was invalid and not infringed by the defendants, Merck & Co Inc and Merck Sharp & Dohme Ltd (Merck). On appeal, the finding of invalidity was confirmed (Court of Appeal, December 14 2001). Merck's chemical compound, sold under the name Vioxx, was held to fall within claim 1 and would have infringed if the claim had not been held invalid.
  • Pharmacia Corp, GD Searle & Co and Pfizer Inc (the patentees) were the proprietors of European Patent (UK) 0 679 157 (the patent) relating to chemical compounds having use as non-steroidal anti-inflammatory drugs (NSAIDs). The patentees appealed the findings at trial that the patent was invalid and not infringed by the defendants, Merck & Co Inc and Merck Sharp & Dohme Ltd (Merck). On appeal, the finding of invalidity was confirmed (Court of Appeal, December 14 2001). Merck's chemical compound, sold under the name Vioxx, was held to fall within claim 1 and would have infringed if the claim had not been held invalid.
  • You are getting a lot more than simply going to the patent office to do your search
  • You are getting a lot more than simply going to the patent office to do your search
  • There are grounds under the UK Trade Marks Act (1994, section 3(6)) for refusal or invalidity of registration where a trade mark is applied for in bad faith. The provision derives from the European Trade Marks Harmonization Directive (89/104) and has a counterpart in EU Trade Mark Regulation 40/94 (article 51(1)(b)). Bad faith is not defined and its scope has produced a divide between UK and EU case law over the need for subjective dishonesty on the part of the trade mark applicant (Trillium, First Cancellation Division of OHIM, C000053447/1, March 28 2000).
  • Riika Palmos of Nevinpat says the Russian courts have successfully handled a number of internet domain name disputes, giving hope to international brand owners
  • Marc A A van Wijngaarden of Arnold + Siedsma explains how the ECJ’s landmark decision in the Baby-Dry case will affect trade mark practice in the Benelux