MIP Search | Managing Intellectual Property

Passing judgment on Japan's IP court

Japan's IP High Court celebrates its third anniversary in April. Yoshikazu Iwase looks at how its decisions so far have affected IP owners

Managing IP Correspondent, March 01 2008

Can you revoke and invalidate a trade mark?

Recent proceedings between T-Mobile (UK) Limited and O2 Holdings Limited have highlighted the relationship between revocation and invalidity of trade mark registrations, specifically: does one preclude the other?

Managing IP Correspondent, March 01 2008

FILA and FILO confusingly similar?

In the recent case FILA Luxembourg SARL v The Turkish Patent Institute and Yardim Tekstil Ltd, the Turkish IP Court was required to consider whether the application for the trade mark FİLO was confusingly similar to the registered trade mark FILA.

Managing IP Correspondent, March 01 2008

Deadline for evidence in oppositions clarified

According to the Czech Trade Mark Act, an opposition against a trade mark application must be filed, complete with reasons and evidence, within three months from the publication of the application. This deadline for filing of an opposition cannot be extended and failure to comply with it cannot be excused. Any additions or amendments and evidence presented in support of the opposition after the deadline will be disregarded by the Industrial Property Office.

Managing IP Correspondent, March 01 2008

Croatia joins EPO and London Agreement

On January 1 2008 the European Patent Convention entered into force in Croatia. Consequently, European patent applications filed on or after January 1 2008, when the Convention entered into force on the territory, will include the designation of Croatia as a contacting state to the EPC. This is the latest of many changes to the domestic patent system aimed at increasing the compatibility of intellectual property laws and treatment with TRIPs and EU legislation.

Managing IP Correspondent, March 01 2008

Letter of consent recognized in China

Following an internal meeting on October 16 2007, the Trade Mark Review and Adjudication Board (TRAB) concluded that they would consider the following when dealing with a letter of consent:

Managing IP Correspondent, March 01 2008

Golden rabbit battle tests bad faith

The Austrian Supreme Court has requested a preliminary ruling from the European Court of Justice (ECJ) regarding the three–dimensional trade mark of a sitting golden chocolate rabbit (CTM number 1,698,885).

Managing IP Correspondent, March 01 2008

Shape marks cannot be used to extend patent monopoly

Australia's Federal Court has thwarted a trade mark owner's attempts to use a shape trade mark to extend monopoly protection for a utilitarian product.

Managing IP Correspondent, March 01 2008

Traditional knowledge to new protection

South Africa is contemplating new laws to protect the country's traditional knowledge. Other countries on the continent may follow. Companies should welcome these moves, says Emma Barraclough

Managing IP Correspondent, March 01 2008

Survey results: Americas

Argentina TRADE MARK PROSECUTION Tier 1 G Breuer Marval, O'Farrell & Mairal Tier 2 Hausheer Belgrano & Fernandez Noetinger & Armando Obligado & Cía Richelet & Richelet Tier 3 Bruchou, Fernandez Madero & Lombardi De Las Carreras & Chaloupka Ferrer Reyes, Tellechea & Bouche Pérez Alati, Grondona, Benites, Arntsen & Martínez de Hoz Sena & Berton Moreno Tier 4 Baker & McKenzie Barbat Clarke, Modet & Co Moeller & Co Palacio & Asociados

Managing IP Correspondent, March 01 2008

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