Search results for

Under the patent marking statute, a party is "entitled to damages from the time when it either began marking its products in compliance with section 287 (a) or when it actually notified [the infringer] of its infringement, whichever is earlier." (Am Med Sys, Inc v Med Eng'g Corp [Fed Cir 1993]). Section 287 (a) provides:

With more patents issuing than ever before, there is a greater likelihood that your company will become a party to patent litigation. It is important, therefore, to familiarise yourself with the basic factors affecting the cost and duration of patent litigation.

The Information Commissioner is to be given tougher powers to regulate the Data Protection Act under proposals put forward by the government. The increase in new technology to collect vast amounts of personal information increases the risk of information being abused. Since HM Revenue and Customs lost 25 million child benefit records nearly a year ago, the number of breaches reported to the Information Commissioner's Office (ICO) has soared to 277 since November 2007. These include 28 breaches by central government, 75 within the NHS and other health bodies and 80 reported in the private sector.

The Singapore Treaty on the Law of Trade Marks was adopted by member states of the WIPO in 2006 and stems from the Trade Mark Law Treaty of 1994 (1994 Treaty). The Singapore Treaty introduces important changes to the 1994 Treaty and internationally harmonises the administrative rules and procedures for trade mark registration. Having received its 10th ratification by Australia, the Singapore Treaty will finally enter into force on March 16 2009.

In a recent case, the plaintiff owned the trade mark Botox in class 3 (cosmetics) and class 5 (pharmaceuticals) for goods for cosmetical medicaments to be injected to smooth away wrinkles. They contain as active ingredient Botulinumtoxin A. It sued the defendant for trade mark infringement. The defendant sells through pharmacies a cosmetic product for smoothing wrinkles under the sign Botoina 1000, which does not contain Botulinumtoxin A and which is for external use on the skin.

Many brand owners risk counterfeiting in Russia. While the authorities can help prosecute infringers, explain Daria Ermolina and Nikita Rodionov, obtaining damages is down to you

Robert Abrahamsen explores the perks of the patent reexamination process

Peter Ollier, Hong Kong

Eileen McDermott asks James Malackowski, founder and CEO of patent auction company, Ocean Tomo, how he got here, what's in store for the future and what the new US president should do for innovation

The ECJ recently raised the bar for showing dilution, saying that famous mark owners will have to prove that the detriment to their distinctive character has changed consumers' behaviour.