Search results for

Shahnaz Mahmud, New York

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.

In December 2006 the Italian government definitively reintroduced filing fees and annuity fees on patents for industrial inventions and for utility models as well as fees on the registration of designs.

Commissioner Sang-Woo Jun of the Korean Intellectual Property Office (KIPO) announced that KIPO was able to average 9.8 months for examining each patent application in 2006. In 2005, the US averaged 21.1 months, Europe 24 months and Japan 26 months. In comparison, KIPO is able to complete examinations at least 11 months faster.

On December 8 2006 the Administrative Council of the EPO took a further step in the implementation of EPC 2000, which will come into force this year. The Council reviewed and approved the Amendments to the Implementing Regulations to the EPC 2000.

Bilateral trade between India and the US has increased exponentially over the past two decades, and gathered a full head of steam last year. In March 2006, US president Bush visited India for a meeting with prime minister Manmohan Singh on increased global partnership between the two nations. This was well received and very successful. This meeting was followed by meetings of the CEO Forum, the Trade Policy Forum and the Commercial Dialogue and High Technology Group, a clear indication of the two countries' desire to work together.

On December 14 2006, the Court of First Instance (CFI) upheld that Community trade mark applications representing deer heads with the word "Venado" were confusingly similar to earlier trade marks consisting of a deer's head with a cross surrounded by a halo and the word "Jägermeister".

The Patent Appeal Board in Canada recently issued its decision following a hearing at which we challenged the decision of an examiner regarding inter alia the patentability of subject matter. The claims were directed to a system for trading diamonds from remote computer terminals in communication with a host computer, including the use of data structures for presenting diamond characteristics in an orderly and structured manner. The examiner's rejection reflected a trend in Canada of examiners rejecting claims to less than fully tangible inventions, or to what can be loosely called business methods.

Plans to implement the European Patent Litigation Agreement - touted as the answer to Europe's patent dispute woes - are in trouble. Emma Barraclough looks at the cause of the impasse and asks what the European Commission will do next