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Judged by the eye

A recent case shows that the visual dimension of designs has a vital role to play in litigation and disputes. Ignore this aspect at your peril, say Srinjoy Banerjee and AL Mary, Lex Orbis, New Delhi

Managing IP Correspondent, June 30 2008
The wrongs of evergreening

A recent decision of the Madras High Court has sparked worldwide debate about evergreening. Lawyers from Singh & Associates of New Delhi report on the case

Managing IP Correspondent, June 30 2008
Developments in the Indian IP landscape

India's IP landscape is becoming increasingly sophisticated. Dev Robinson and Ranjan Negi of Amarchand Mangaldas, New Delhi, discuss the emerging trends and the dynamic environment

Managing IP Correspondent, June 30 2008
Preventing parallel import

Parallel importation can be a headache for trade mark owners, but India’s legislation adequately protects against it, say lawyers from Singh & Associates, New Delhi

Managing IP Correspondent, June 30 2008
Innovation in patent legislation

India has amended its Patent Act three times in the past decade, and is fast becoming the patent trendsetter of the developing world. Anuradha Salhotra and Nidhi Gupta from Lall Lahiri & Salhotra examine the government’s achievements and what it still has to do

Managing IP Correspondent, June 30 2008
India's judicial transformation

Justice Madan Lokur, a sitting judge at the Delhi High Court, tells Peter Ollier about recent judicial developments in India and explains how IP holders can make better use of the system

Managing IP Correspondent, June 30 2008
Bad faith trade mark registrations

The most frequently encountered problems that trade mark right owners experience in Turkey are bad faith trade mark registrations and uses in the market.

Managing IP Correspondent, June 30 2008
Avoiding wilful infringement

In a trade mark infringement case, US trade mark law does not require wrongful intent as a prerequisite to a finding in favour of an allegedly aggrieved plaintiff. However, a court's determination to award damages to a plaintiff is typically influenced by the nature of the defendant's conduct. Specifically, in situations where a defendant wilfully or intentionally infringed a plaintiff's trade mark, courts have demonstrated that they are willing to award significantly higher damages.

Managing IP Correspondent, June 30 2008
IP Court procedure outlined

As the IP court in Taiwan is slated to become fully functional on July 1 2008, the Judicial Yuan has drafted an exemplary court procedure for IP disputes, taking a patent infringement lawsuit for instance. The procedure is set out below.

Managing IP Correspondent, June 30 2008
What WIPO should do next

Former WIPO deputy director-general Geoffrey Yu spoke to Peter Ollier about how the Organization should heal divisions and move forward under new leadership

Managing IP Correspondent, June 30 2008

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