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

Managing copyright in the digital era

Technological advances are putting copyright law under pressure in India. Poorvi Chothani assesses where the courts are likely to draw the line

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

Software patent controversy rages

Two years after the failure of the EU computer implemented inventions directive, the debate over protecting software is as passionate as ever

Managing IP Correspondent, June 30 2007

Generics welcome data protection report

An Indian government committee has concluded that there is no need to change the laws that deal with drug registration in the country

Managing IP Correspondent, June 30 2007

Accession to the UPOV Convention

Turkey has ratified the UPOV Convention (1991 Act), the international convention for the protection of new varieties of plants. It was accepted by Turkish parliament and published as Law number 5601 in the Official Gazette on March 17 2007.

Managing IP Correspondent, June 30 2007

Chamber rules on use of mark in Cyrillic

It is often asked whether it is necessary to register a trade mark in Cyrillic and Latin characters to avoid cancellation due to non-use in Russia. It is not without reason that usually a patent attorney recommends registration of both versions of the trade mark. However, it is possible sometimes to prove the use of a trade mark in Latin even though only its equivalent in Cyrillic is used.

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

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

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