MIP Search | Managing Intellectual Property

Why the addressee makes a difference in warning letters

Sending warning letters with respect to infringement of patents is a common exercise, yet the practice with respect to formulating such letters differs widely in the EU.

Managing IP Correspondent, June 30 2007

South Africa launches new domain name dispute procedure

There has recently been a welcome development in relation to domain name dispute resolution in South Africa.

Managing IP Correspondent, June 30 2007

Make the most of surveys in litigation

David Fleming explains that courts have highlighted aspects of surveys' design that determine their effectiveness

Managing IP Correspondent, June 30 2007

Is there a future for second medical use claims?

A recent case highlights the difference in approach between the English courts and the European Patent Office (EPO) to second medical use claims, and raises the question as to whether English practice is compatible with that in the EPO.

Managing IP Correspondent, June 30 2007

Trade Marks (Amendment) Act 2007

The Trade Marks (Amendment) Act 2007 (TMA) was passed on January 22 2007. The TMA, Trade Marks (Amendment) Rules 2007 (TMR) and Trade Marks (International Registration) (Amendment) Rules 2007 has taken effect on July 2 2007. Highlights of the amendments are summarized below.

Managing IP Correspondent, June 30 2007

Essensis mark revoked for non-use

The Irish High Court has recently considered the meaning of "genuine use" of a mark in Compagnie Gervais Danone v Glanbia Foods Society Limited [2007] IEHC 126, High Court, Mr Justice Finlay Geoghegan, April 20 2007. The case involved Danone's Essensis mark which was registered in 2000 in Ireland for, among other things, milk, milky deserts and yoghurts. In 2006, Glanbia introduced into the market a range of fermented milk products called Essence. Danone sued for infringement and Glanbia counterclaimed.

Managing IP Correspondent, June 30 2007

Marks descriptive of get-up or packaging

Many proprietors of trade marks descriptive of their product's get up or packaging are sceptical about registering their trade marks because the Registry jealously guards against the registration of such marks for the obvious reason that they are descriptive of the product packaging and as such are not distinctive and objectionable. Examples of such marks are Oval Tin, Red Box and Blue Band.

Managing IP Correspondent, June 30 2007

Customs regulation revised

The revised Customs legislation prescribes the conditions under which the Customs Administration of Croatia can take measures against goods where there is justifiable suspicion that they violate IP rights. It also details the procedures to implement Customs measures in such cases.

Managing IP Correspondent, June 30 2007

The future of ex officio trade mark examination

In Finland and the other Nordic countries there has been a vibrant discussion about a revision of the examination of grounds for refusal after Denmark decided in 1999 to stop applying ex officio examination. A similar procedure is used in the Office for Harmonization in the Internal Market (OHIM).

Managing IP Correspondent, June 30 2007

China's copyright black list

The National Copyright Administration of the PRC (NCAC) plans to introduce a black list system to help crack down on online copyright infringement.

Managing IP Correspondent, June 30 2007

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