MIP Search | Managing Intellectual Property

China Trade Marks: OEM exception to trade mark infringement

China is one of a handful of countries that permits the production and export of goods that would otherwise be deemed infringing of trade marks owned by other parties. The legal basis for this practice is not codified in the law, regulations or judicial interpretations, but rather in case decisions issued by courts in major cities over the past several years.

Managing IP Correspondent, July 15 2015

Russia: Afterworld knocks on the door of the Supreme Court

Trade marks are attributes of goods and services. Unfortunately, there is a specific service which none can avoid: funeral service.

Managing IP Correspondent, July 15 2015

PTAB cancelled 86% of instituted claims in June

An analysis by Finnegan reveals that the Patent Trial and Appeal Board cancelled 446 instituted claims in the 36 final written decisions it issued in June, giving a higher-than-average claim cancellation rate for the month

July 15 2015

New Zealand: Get up, stand up. For music.

May is 'New Zealand Music Month'. In recognition of this and World IP Day, the New Zealand IP community recently came together with some well-known musicians to discuss copyright issues in music, both here and abroad. The discussions offered both lawyers' and musicians' views on copyright issues in music, including royalties, inspiration versus copying, and the state of the music industry.

Managing IP Correspondent, July 15 2015

EPO: Structural reform of appeal boards

The president of the EPO submitted on March 6 2015 to the Administrative Council a proposal for a structural reform of the EPO Boards of Appeal. The proposal has been submitted in continuation of decision R 19/12 of April 25 2014 on which we have previously reported, a decision that highlighted a constitutional imperfection of the European patent system with regard to the independence of the Boards of Appeal from the management of the EPO.

Managing IP Correspondent, July 15 2015

France: Vente-privee.com defeats Showroomprive.com in trade mark case

The French company Vente-privee.com (in English private-sales.com) has operated an online private sales website since 2001. The company has registered several trade marks in France, including the word mark Vente-privee.com filed in 2009 in particular for services in class 35, including sales promotions for others, retail services for others and presentation of goods on communication media for retail purposes.

Managing IP Correspondent, July 15 2015

Utynam’s Heirs

Last month Utynam attended Managing IP’s two IP in Asia Forums in London and Munich, and he’s happy to share some of the valuable lessons he learned.

Managing IP Correspondent, July 15 2015

US patent litigation back with a bang in May and June

The latest US patent case filing figures from Lex Machina show a sharp increase in May and June, making filing in the second quarter of this year the highest ever observed

July 14 2015

Haynes & Boone adds two Kenyon & Kenyon ANDA attorneys

Haynes and Boone has added Whitney Remily and John Bateman to its Hatch-Waxman/ANDA practice group

July 15 2015

Federal Circuit clarifies Octane in denying Newegg’s fees bid

In a decision handed down earlier today, the US Federal Circuit held that district courts should consider a plaintiff’s litigation history when deciding whether to award attorneys’ fees, but Newegg failed to show that SFA’s track record is proof of abusive litigation tactics

July 10 2015

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