Search results for

Emma Barraclough, London

In this age of the internet, it is standard practice to search the world wide web using the various search engines such as Yahoo and Google. Did you know however that it is incorrect, indeed objectionable, in trade mark terms to "yahoo" or "google" someone or something – that is, to use these trade marks as verbs thus potentially rendering them generic and the trade mark registrations liable to "death by genericide". Examples of such generic use at one time or another are "hoover", "sellotape" and "escalator".

The law requires the use of a registered trade mark in Ukraine. To maintain a registration, a trade mark must be used in respect of the goods and/or services for which it has been registered. The definition of the effective use of a trade mark has been detailed to comprise sale, offering for sale, import and export of the goods bearing a trade mark. Otherwise the registration becomes vulnerable to cancellation upon request by a third party.

Counterfeiting is widely seen as a major challenge for IP owners wishing to protect their investment in R&D and marketing in China. The large counterfeiting market is a big problem for brand owners and will most likely remain so for a long time, in spite of the efforts of the Chinese government to strengthen brand owners' opportunities to enforce their rights in China.

In view of the changes in the Patent Cooperation Treaty (PCT) that will come into force on April 1 2007, the Intellectual Property Office of Singapore recently issued a consultation paper which proposed concurrent changes to the Singapore Patents Act and Rules on April 1 2007 to align with the changes in the PCT. In addition, there is a repeal of provisions in the Singapore Patents Act dealing with restrictive covenants.

A recent decision of the Court of Appeals (CA) has sent some shock waves among IP lawyers in the Philippines. On June 4 2001, In-N-Out Burger Inc, a US corporation, filed an administrative complaint for unfair competition with damages before the Intellectual Property Office of the Philippines (IPPhil) against Sehwani Inc, owner of the Philippine registered trade mark In N Out, and its licensee Benita's Frites. On December 22 2003, the Bureau of Legal Affairs (BLA), the adjudicating body of IPPhil, issued a decision, which declared In-N-Out an internationally well-known mark owned by In-N-Out Burger. It cancelled the registration of Sehwani for the identical trade mark but held that there was no unfair competition. The Court agreed that Sehwani had used the mark in good faith and so denied the claim for damages. Both parties appealed the decision to the Director General of IPPhil, who modified the decision of the BLA by declaring the existence of unfair competition, and awarding damages of P1.2 million ($24,000) to In-N-Out Burger Inc.

On July 21 2006 the Polish Parliament was served with a proposal of changes to the Law on Industrial Property. The proposed changes refer to several aspects of IP protection in Poland, including procedural regulations regarding litigation proceedings before the Polish Patent Office. The potential implementation of the proposed changes will have a significant impact on the regulations concerning the provision of evidence in litigation proceedings before the Patent Office.

The Intellectual Property Office of New Zealand (IPONZ) has released guidelines for patent claims covering methods of treatment and Swiss-style claims on its website (www.iponz.govt.nz). They have been issued in an attempt to give applicants some clarity about what may or may not be patentable. In its guidelines, IPONZ has said that each patent application will be considered on its merits and that the guidelines are simply that: guidelines.

September 6 2006, marked the 60th anniversary of the Korean Patent Attorneys Association (KPAA). Distinguished guests, including Korean Prime Minister Han Myung-Sook, reflected on the valuable contribution IP has played in the progression of Korea's economy, while distinguished members of the KPAA, such as Manho Song, received awards for their continued contribution to the development of IP in Korea.

The US patent law is about to undergo a major change with a raft of reforms set to be implemented. These changes are considered to be the most comprehensive since Congress passed the 1952 patent Act. But, the path has not been smooth, with voices of dissent materializing as the government carves out its plans. MIP and Oblon, Spivak, McClelland, Maier & Neustadt jointly hosted a roundtable discussion – at a real roundtable – in Washington DC in late summer, to discuss some of those concerns and what really needs to be done