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  • siteavu-feb06.jpg
    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
  • hechanova-julaug05.jpg
    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
  • dvd-logo-nov06.gif
    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
  • ruiz-eugenio.jpg
    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
  • mip-thefrogprince-nov06.gif
    The best things in life are (legally) free
    After years of high profile but unpopular lawsuits targeting illegal downloaders, music companies are showing signs of wanting to get off the litigation track and rethinking how they make money from their precious intellectual property. Some are even offering up their closely protected assets for free under new digital business models. Shahnaz Mahmud examines how a downloading website is persuading major record labels to sign up
    Managing IP Correspondent, November 01 2006
  • Use of CZ is matter of unfair competition
    The Supreme Court of the Czech Republic as a court of third instance has confirmed the decision of the Regional Court in Ostrava and High Court of Appeal in Olomouc that it was a question of unfair competition if a competitor (in this case the defendant) used for marking arms a denomination consisting of the letters CZ completed by a number or another denomination, which the plaintiff had previously used for marking arms in the course of his business activity.
    Managing IP Correspondent, November 01 2006
  • spence-mac.jpg
    New laws for Cape Verde
    The government of Cape Verde is preparing to introduce modern industrial property laws. The new legislation will repeal a Portuguese Code of 1940 which had applied to Cape Verde but had fallen into disuse. In preparation for the new system, the processing of trade mark registrations under the old Code has been temporarily revived.
    Managing IP Correspondent, November 01 2006
  • pye-louise.jpg
    Additional hurdles in entitlement proceedings
    Entitlement disputes under the UK Patents Act have recently undergone something of a revival with several cases reaching the courts. Interestingly though, Patent Office figures reveal that the number of entitlement disputes filed before the Patent Office has remained steady over recent years as has the number of cases referred from the Patent Office to the UK courts. Why then is everyone discussing entitlement disputes under UK law?
    Managing IP Correspondent, November 01 2006
  • finch-ian.jpg
    New Zealand: the ideal testing ground
    Ian Finch and David Marriott of James & Wells laud New Zealand's virtues as a test market for IP litigation cases, or to test the strength of patents and trade marks
    Managing IP Correspondent, November 01 2006
  • king-linda.jpg
    Why you should choose your words carefully
    The Federal Court has clarified its approach to patent infringement, but designers still face uncertainty over the protection of their designs, say Linda King and Rebekah Gay of Shelston IP
    Managing IP Correspondent, November 01 2006
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