MIP Search | Managing Intellectual Property

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

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 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

How biotech patentees can navigate KSR

Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test

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

Recent developments regarding personal data

At present, personal data and data privacy are governed and protected in Argentina by Law 25,326 (Personal Data Protection Act). This article summarizes the main provisions of the Act, and at the same time highlights recent legal developments related to the National Registry of Databases.

Managing IP Correspondent, June 30 2008

CTM can trump domain name

The Community trade mark (CTM) Personal Shop was registered for mail order publicity (class 35) and despatch of mail order wares (class 38), and used by way of an online shop, offering (among other items) garments and household goods, which was accessible via the homepage www.personalshop.net.

Managing IP Correspondent, June 30 2008

Utynam's Heirs

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449

Managing IP Correspondent, June 30 2008

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