MIP Search | Managing Intellectual Property

The eye-test for novelty of designs

In a recent appeal case, Gopal Glass Works Ltd v AC of Patents & Designs Ors 2006 (33) PTC 434 (cal), Kolkata High Court examined the grounds for cancelling a registered design.

Managing IP Correspondent, December 01 2006

Botswana accedes to the Madrid Protocol

As reported recently in MIP Week, Botswana acceded to the Madrid Protocol on September 5 2006. It will, however, only become a party to the Madrid Protocol with effect from December 5 2006.

Managing IP Correspondent, December 01 2006

Court gets tough with infringers

Intellectual property rights owners will welcome recent indications from the Irish Commercial Court, which has specialist expertise in IP matters, that it is fully prepared to get tough with infringers who fail to disclose information in relation to the source of their infringing goods.

Managing IP Correspondent, December 01 2006

KIPO's fee refund plans

The Korean Intellectual Property Office (KIPO) has decided to introduce a system to refund, in certain cases, the full amount of the submitted application fee and the request for examination fee. This will be available to applicants who decide to cancel or abandon a patent, utility model, design or trade mark application that has already been submitted if, for example, their circumstances change or their application was incorrect.

Managing IP Correspondent, December 01 2006

Jeffery West wins jWest spat

This was an opposition brought by Mark Richard Jeffery and Guy Anthony (the opponents), owners of the registered mark Jeffery-West in Class 25, against Nautical Concept (the applicant) who applied to register jWEST as a trade mark in Class 25 for similar goods (shoes and footwear).

Managing IP Correspondent, December 01 2006

Well-known trade marks' protection

As part of Iran's obligations under the Paris Convention, the Iranian courts have consistently discouraged hijacking of well-known trade marks. Even where the marks are not well known, the courts have consistently held in favour of marks that emerge from one of the Paris Convention countries and have prior international (outside Iran) use of the mark.

Managing IP Correspondent, December 01 2006

AG's Opinion threatens to overturn practice on use

In a preliminary ruling in a case forwarded to the ECJ by the Austrian Oberster Patent– und Markensenat (OPM) and closely monitored by the Austrian IP community, Advocate–General Damaso Ruiz–Jarabo Colomer delivered his opinion on October 26 2006 (C–246/05 – Häupl v Lidl). If followed by the ECJ, the opinion will have a revolutionary impact on non–use legislation and jurisprudence throughout Europe.

Managing IP Correspondent, December 01 2006

Using IP rights is not a game

Multiplayer online games are one of the biggest growth areas on the internet. J Michael Monahan says that, while these games pose new challenges for IP owners, infringement should be treated as seriously as in the real world

Managing IP Correspondent, December 01 2006

Belgium explores damages options

In infringement cases, Belgian courts focus on compensating the right owner, not punishing the infringer. Flip Petillion of Janson Baugniet assesses their approach

Managing IP Correspondent, December 01 2006

The copyright minefield of second-hand software

Software resellers aim to match companies with more licenses than they need with businesses that are in the market to buy. But the trade in second-hand licences is often regarded as a grey market, says Flemming Moos. Now German courts have handed down important rulings on the compatibility of software licence resale with copyright law

Managing IP Correspondent, December 01 2006

Search results for