MIP Search | Managing Intellectual Property

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

Electronic filing requirements set out

An ordinance of the prime minister dated May 15 2008, with regard to the electronic filing of inventions, medical products, plant protection products, utility models, industrial designs, trade marks, geographical indications and topography of integrated circuits, and correspondence in electronic form, was published in Dziennik Ustaw (the Journal of Laws) 89 on May 23 2008.

Managing IP Correspondent, June 30 2008

What use is required to show distinctiveness?

In general, it is not recommended to use a trade mark in Russia before filing an application. The possibility of having your trade mark pirated is too great, even though Russian law has built defences against the pirates. This does not concern non-distinctive designations: they are pirate-proof for obvious reasons. As time goes by the designation becomes recognizable and filing of a trade mark application advisable. The trade mark has acquired distinctiveness through use

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

EPO Enlarged Board to consider dosage regimen claims

It is persistent European Patent Office (EPO) case law that, while therapeutic methods are excluded from patentability, not only a claim to a known substance for its first medical use, but also for its second medical use (that is, its use in the therapy of a different disease) is patentable (G 5/83). There is, however, a dispute over whether a mere change in dosage regimen configures a patentable second medical use even when the medicament and disease remain unchanged.

Managing IP Correspondent, June 30 2008

IP standards implemented

Prepared by SIPO and promulgated by the State Quality & Quarantine Supervision and Standardization Administration Committee, two standards concerning IP documentation and information came into force on June 1 2008.

Managing IP Correspondent, June 30 2008

Fighting IP crime

The civil Chilean police have recently created a special division called the Investigative Brigade of Crimes against Intellectual Property (BRIDEPI).

Managing IP Correspondent, June 30 2008

The effects of DR-CAFTA on IP

The Free Trade Agreement between the Dominican Republic, Central America and United States of America (DR-CAFTA) has resulted in improved intellectual property legislation in Central America, which will require substantial modifications to the existing legal frameworks in the region. The agreement will enhance intellectual property protection by harmonizing domestic and international IP laws. All DR-CAFTA parties have agreed to enter certain treaties, as well as to make reasonable efforts to enter others.

Managing IP Correspondent, June 30 2008

Biotechnology patent prosecution under review

In late 2007, the Canadian Intellectual Property Office (CIPO) published a draft update to Chapter 17 of the Manual of Patent Office Practice (MOPOP). In response, the Intellectual Property Institute of Canada (IPIC) made a thorough submission for CIPO's consideration.

Managing IP Correspondent, June 30 2008

Lipitor patent invalidated on appeal

The Full Court of the Federal Court recently upheld the trial judge's invalidation of one of the Lipitor patents for false suggestion or misrepresentation.

Managing IP Correspondent, June 30 2008

Search results for