MIP Search | Managing Intellectual Property

MEPs back European patent litigation deal

Emma Barraclough, London

Managing IP Correspondent, November 01 2006

Starbucks loses to Korean name rival

Peter Ollier, Hong Kong

Managing IP Correspondent, November 01 2006

USPTO in software patent peer review first

Some of the world's biggest companies – including GE, Hewlett-Packard, IBM and Microsoft – have teamed up with the USPTO and New York Law School to launch a new system of peer review for software patents.

Managing IP Correspondent, November 01 2006

Brazil on track for Madrid

James Nurton, London and Shahnaz Mahmud, New York

Managing IP Correspondent, November 01 2006

Hitachi defeat could spell ''accounting nightmare''

Peter Ollier, Hong Kong

Managing IP Correspondent, November 01 2006

Addressing grey market sales into the US

Companies not domiciled in the United States that own US trade mark registrations often face difficulties in enforcing their US trade mark rights against the importation of grey market products bearing their registered US trade marks. Difficulties may be encountered because certain protection afforded to the trade mark owner under US law may only be available where the US trade mark registrations are owned by an entity existing under the laws of the United States.

Managing IP Correspondent, November 01 2006

Who can launch a trade mark forfeiture action?

In Romania, the legal provisions regarding the obligation to use a trade mark and the applicable sanction for failing to use it have been adopted relatively recently, through Law 84/1998 on trade marks and geographical indications. This provision gives two benefits: it allows the registration of new trade marks that are identical or similar to previous, non-used, ones and it incentivizes a trade mark owner to preserve his rights by using his mark.

Managing IP Correspondent, November 01 2006

Court underlines prosecutor powers

In GlaxoSmithkline Philippines v Khalid Mehmood Malik and Muhammad Ateeque, decided by the Supreme Court on August 17 2006 (GR No 166924), the Court ruled that unless there is a clear showing of arbitrariness, "the determination of whether there is reasonable ground to believe that the accused is guilty of the offense charged and should be subjected to the expense, rigors and embarrassment of trial is an executive function exclusively of the prosecutor."

Managing IP Correspondent, November 01 2006

Making the most of Customs

Unbeknown to many, the DVD logo pictured above belongs to the DVD Format/Logo Licensing Company of Japan (DVD FLLC). In the 1990s Hitachi, Philips, Matsushita, Mitsubishi, JVC, Pioneer, Sony, Thomson, Time Warner and Toshiba developed a standard media format with accompanying specifications. From this came the DVD logo and a set of rules for using it. Only authorized manufacturers may apply the corresponding logo to their goods.

Managing IP Correspondent, November 01 2006

What is effective use of trade marks?

According to Article 130 of Mexican Industrial Property Law, a trade mark must be in continuous and uninterrupted use for at least three consecutive years from the date when the registration is granted. If use of a mark does not commence within this period of time, the mark will become vulnerable to a cancellation action due to non-use which can be brought by any third party with a legal interest. This legal action is brought before the Mexican Institute of Industrial Property (IMPI).

Managing IP Correspondent, November 01 2006

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