Search results for

Acacia Technologies: an aggressive patent troll that feeds off the litigation fears of large corporations, or the champion of small technology companies who might not know how to go about enforcing their patents? Shahnaz Mahmud weighs up the evidence

Manufacturers of medicinal products are legally obliged to obtain regulatory approval for their product before marketing of that product may begin. However, where different salts, esters, ethers, isomers, complexes or derivatives of a brand (on-patent) drug are made by a generic company, and these differ significantly in properties with regard to safety and/or efficacy when compared to the patented drug, additional clinical data demonstrating the safety and/or efficacy of that generic drug must be submitted by the generic company to the marketing authority.

This month MIP publishes part one of the world's most detailed and authoritative survey of the IP market. Following five months' research, in this issue we list the leading firms in patent prosecution and contentious work in 65 jurisdictions

For brand managers looking to increase their product's profile and producers wanting to find new ways to finance movies and TV shows, product placement could be a win-win solution, says Brinsley Dresden, as he outlines negotiating tactics to help IP owners strike the deal they want

Shahnaz Mahmud, New York

The continuing growth and popularity of the internet has created a wealth of new opportunities for trade mark owners seeking to market their goods or services online. The reliance of internet users on search engines to locate providers of particular products has led to an explosion in search engine advertising in recent years.

Australia PATENT PROSECUTION Tier 1 Davies Collison Cave Griffith Hack Phillips Ormonde & Fitzpatrick Spruson & Ferguson Tier 2 F B Rice & Co Shelston IP Watermark Tier 3 Blake Dawson Waldron Freehills Madderns Wray & Associates Tier 4 Allens Arthur Robinson Callinan Lawrie Cullen & Co Halford & Co Mallesons Stephen Jacques Pizzeys

Following the rapid rise of patenting by Japanese inventors in the second half of the twentieth century, a second-wave of Asian innovation is being led by companies in China, India and South Korea. But are these businesses protecting their IP rights overseas? Peter Ollier looks at the trends

Emma Barraclough, London

Trade secrets (including so-called tricks of the trade) are commonly protected by confidentiality agreements, non-disclosure agreements and exclusivity clauses or contracts. Exclusivity clauses are often attacked as being null and void on grounds of public policy because they restrain trade or occupation unreasonably. In Avon Cosmetics Incorporated v Leticia Luna, GR No 153674, dated December 20 2006, the Supreme Court ruled on an exclusivity clause. The facts of the case are as follows: In 1978 Avon acquired Beautifont Inc, a Philippine company, where Luna was an employee. In 1985, Luna and Avon signed the so-called Supervisor's Agreement. This had the following terms: (i) that the Agreement does not make the Supervisor an employee or agent of the Company (ii) that the Supervisor is an independent retailer/dealer and has sole discretion to determine where and how Avon's products will be sold, except that the Supervisor cannot sell such products to stores, supermarkets or to any person who sells things at a fixed place of business, (iii) that the Supervisor shall sell or offer to sell, display or promote only and exclusively products sold by the Company; (iv) that either party may terminate the agreement at will, or without cause, at any time upon notice to the other.