MIP Search | Managing Intellectual Property

How far can reputation extend TM rights?

In Intel Corporation Inc v CPM United Kingdom Limited [2007] EWCA Civ 431, two issues faced the Court of Appeal: (1) whether a mere "bringing to mind" of an earlier mark with a reputation is enough to prevent a later registration; and (2) whether it is an infringement of a registered mark which has a reputation if a defendant uses, for dissimilar goods or services, a mark which merely "brings to mind" the registered mark.

Managing IP Correspondent, June 30 2007

Patent protection after KSR debated

At a web-based seminar organized by MIP in association with Fish & Richardson, practitioners discussed the impact of KSR v Teleflex

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

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

Patents vs patients in the Indian battleground

The Indian pharmaceutical industry is ranked as the fastest growing pharma industry in the world. This growth was aided by the Patents (Amendment) Act 2005, India's final step towards achieving complete TRIPs compliance. The flip side of it is the threat posed to a generic industry that has, so far, ensured the availability of affordable drugs.

Managing IP Correspondent, June 30 2007

Copyright and design law amended

With Law Decree Number 10/2007 the Italian law came into line with Community and international obligations on copyright on industrial design.

Managing IP Correspondent, June 30 2007

Patentability of pharmaceutical inventions improved

The European Patent Office (EPO) published in the April 2007 issue of the Official Journal Board of Appeal decision T1020/03 in which a more liberal view of so-called Swiss-type claims (second medical use claims) is expressed.

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

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