Search results for

In the light of recent developments in trade dress protection, Erin Falk and Linda McLeod discuss registration and protection under US law

The dispute over parallel imports of cigarettes bearing the trade mark BELMONT (Bigott v Philip Morris) has been developing over several years, under the industrial property laws of the Andean Community.

Africa

So far the German practice as to patentability of computer program-related inventions has been rather strict, in particular with regard to the requirement of a technical character which was denied for most program-related inventions unless there was an interaction between the programmed method or computer with an external technical means. By two recent decisions, however, the Federal Supreme Court considerably extended the area in which program-related inventions will be considered as patentable technical inventions.

Software distribution outside the scope of a licence agreement does amount to copyright infringement according to the US District Court of San Jose.

Richard Taylor examines the European Commission's proposals for a Community patent, and offers predictions as to what the future holds for patenting and IP regulation in Europe

BRAZIL: From March 6, the Brazilian agency responsible for the registration of domain names (FAPESP) will allow registration by foreign companies. Before that date, registration could only be made by local companies.

An October 25 2000 decision of the United States Court of Appeals for the Federal Circuit re-emphasizes the importance of the so-called "written description" requirement of United States patent law. In Purdue Pharma LP v Faulding Inc, 56 USPQ 2d 1481 (Fed Cir 2000), the Court affirmed a district court ruling invalidating several claims because nothing in the underlying patent application clearly and necessarily described the subject matter later embodied in its issued claims, saying:

On October 1 2000 two new Acts entered into force connected with industrial property rights. They concern biotechnological inventions and industrial designs. As both of them are important, the following is a brief summary of them.

Indian courts have tackled a number of trade mark disputes in the past year. Binny Kalra and Gitanjli Duggal, of Anand and Anand in New Delhi, reviews the most important cases