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Two new decisions on Swiss-type claims

In the first decision, the Austrian Supreme Patent and Trade Mark Senate (ASPTS) has found that in a declaratory action concerning the non-infringement of a patent the existing right (patent) as defined in the register shall form the basis of the proceedings. Thus, only the subject matter in dispute shall be compared with the subject matter of the patent. However, the validity of the claims of the patent on which the action is based shall not be the object of these declaratory proceedings.

Managing IP Correspondent, February 01 2008
A difficult birth

Lionel Vial, Béatrice Holtz and Alain Colombet of Lavoix outline the problems gene patenting is experiencing in French legislation

Managing IP Correspondent, February 01 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, February 01 2008
Deal round-up

Dutch biotechnology company Crucell signed a licence agreement with Korean-based ISU ABXIS over STAR, a technology used for the production of recombinant human antibodies and proteins. This deal covers the research and development of the technology and includes an option for a commercial licence.

Managing IP Correspondent, February 01 2008
Alternatives to federal TM filings

Simply because a trade mark owner is using their mark in the United States does not necessarily mean that the mark is eligible for registration in the US Patent and Trademark Office or that it would be prudent to make a filing for federal registration. Certain circumstances may exist which preempt the ability to register a mark on the USPTO's Principal Register or create a new risk associated with making such a filing.

Managing IP Correspondent, February 01 2008
Costa Rica to join DR-CAFTA

Costa Rica is and will be the last country to adhere to the DR-CAFTA Treaty. Its approval was subject to a popular referendum held at the end of 2007. At present, Congress is discussing the Treaty's corresponding implementation laws; these should be ready by March 2008.

Managing IP Correspondent, February 01 2008
A perfect arsenal

Magali Touroude of Cabinet Plasseraud reveals a revolution in French IP legislation

Managing IP Correspondent, February 01 2008
How INPI is helping SMEs

The French IP office has launched a range of activities to help SMEs protect and exploit their IP rights. Benoît Battistelli, director-general of INPI, explains more

Managing IP Correspondent, February 01 2008
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Managing IP Correspondent, February 01 2008
Pharma firms to face EU Commission inquiry

A European Commission investigation into competition practices in the pharmaceutical industry could dramatically shake up patent, licensing and litigation practices

Managing IP Correspondent, February 01 2008

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