Search results for

In June 2000 Dutch company Stichting Lodestar applied to register the trade mark Wild Geese in respect of beers and other alcoholic beverages. Austin Nichols, proprietor of the registered trade mark Wild Turkey in respect of the same goods, opposed registration. The assistant commissioner held that there was no reasonable likelihood of deception or confusion between the two marks.

After years of public discussion and position papers, the Knesset – Israel's parliament – recently enacted the Copyright Act, 2007 (New Law), which will come into effect in May 2008. The New Law replaces the Copyright Act of 1911 that was passed by the British Parliament and made applicable to pre-state Israel during the British Mandate, as well as most of the provisions of the 1924 Copyright Ordinance (Old Law).

As reported last month, the Italian Patent Office (PTO) had begun discussions with the European Patent Office (EPO) to define an agreement under which Italian patent applications would be searched by the EPO with respect to novelty and inventive step.

In a recent decision (Carvedilol II; X ZR 236/01), the German Federal Supreme Court (BGH) has ruled on the validity of a second medical use claim comprising a dosage regimen for the beta-blocker carvedilol, the claim reading: "Use of carvedilol for the manufacture of a medicament ..., wherein the medicament is administered in an initial dose of 3.125 mg ... per day over a time period of 7 to 28 days, followed by dosage increases ...."

The digital twin spark plug ignition (DTS-i) technology debate between the motorcycle manufacturing giants Bajaj Auto and TVS Motors continues. The patent war has now reached the Supreme Court with Bajaj seeking a restraining order on the manufacturing and selling of the TVS two-wheeler Flame. Bajaj has sought a revocation of the Madras High Court order allowing TVS to go ahead with receiving bookings for and selling its new motorcycle.

Directive 2006/114/EC concerning misleading and comparative advertisements has recently been implemented in Ireland by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (the 2007 Regulations). The purpose of the 2007 Regulations is twofold: (1) to protect traders against misleading marketing communications and their often unjust effects; and (2) to specify the circumstances in which comparative marketing communications are prohibited. We shall focus here on the comparative marketing angle.

Franck Soutoul and Jean-Philippe Bresson of Inlex analyze differences between EU and French trade mark practice, and discuss the particular problems that Google poses

Tamiko Franklin of Matijevich Law Offices has been appointed director general of the Virtual Intellectual Property Organization.

Gérard Portal of Cabinet Beau De Lomenie reviews recent cases, looking at preliminary injunctions, seizure validity and infringement itself

Act 221/2006 Coll on the enforcement of industrial property rights transposed Directive 2004/48/EC of the European Parliament and Council on the enforcement of IP rights. This unified the scope of the rights possessed by owners with respect to the individual types of intellectual property when they are infringed, as well as potential remedies. The sanctions for any IP infringement (regarding trade marks, patents, topographies of semiconductor products, utility models, industrial designs, appellations of origin and geographic designations) and the type of remedy are no longer incorporated in the statutes regulating their creation, extent, duration and expiry, but are to be found in one single Act.