MIP Search | Managing Intellectual Property

Courts moving with the times

It has been an interesting year for the Australian courts, considering internet issues for first time, and grappling with colour marks. By Michael Wolnizer and Jeff Bergmann of Davies Collison Cave

Managing IP Correspondent, November 01 2006

Managing IP down under

Ian Heath, director general of IP Australia, tells Peter Ollier how the Australian office is facing up to the challenges of skill shortages, patent pendency and an ever-increasing trade mark workload

Managing IP Correspondent, November 01 2006

Grant brings clarity to business method patents

The Australian Federal Court's stance on manner of manufacture holds the door open for patents of business methods. Scott Berggren of Spruson & Ferguson explains

Managing IP Correspondent, November 01 2006

Reclaiming your name in Spain

Spain has developed its own rules for resolving disputes over .es domain names. Jonathan Hinkson explains how IP owners can make the most of the procedures

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

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

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

Mc belongs to McDonald's

US burger chain McDonald's has been involved in a number of lawsuits and other legal cases involving trade mark issues in its 66-year history. In Malaysia, they have now successfully protected their interests and obtained the exclusive use of the Mc prefix following a five-year legal tussle with McCurry Restaurant (KL). The Malaysian High Court has ruled that McDonalds has an exclusive right to "Mc" and it is the trade mark of the US fast food company.

Managing IP Correspondent, November 01 2006

Law decree to reintroduce patent fees

On September 22 2006, the Italian Council of Ministers approved a new law decree that contains interesting new elements regarding intellectual property in Italy.

Managing IP Correspondent, November 01 2006

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