Search results for

On February 3 2006 Law number 344/2005 regarding certain measures aimed at ensuring the observance of IP rights upon Customs clearance entered into force in Romania.

Stéphanie Bodoni, London

In a recent Australian case, the courts refused a patent for a business method because the invention did not benefit society as a whole. James Walsh and Robert Cooper examine business method patents and consider whether the greater good is a valid reason for refusal

Rules on copyright levies on PCs and other IT devices are not harmonized in Europe. Alexander Duisberg and Fabian Niemann examine the implications of some recent disputes in Germany and compare the scope and level of copyright levies in different countries

EU: On February 7, the European Commission took legal action against royalty collector CISAC, accusing it of infringing competition law, saying the refusal to grant licences across multiple countries breached Article 81 of the EU competition treaty. CISAC said this was "a narrow and formalistic approach to the complex issue of the collective management of copyrights in Europe".

In keeping with the general proliferation of the Madrid Union, there are now 12 African member countries but only in Algeria, Mozambique and Morocco are all international registrations, designating those countries, certainly effective and enforceable. In Egypt which has a mixed legal system, it is unclear whether the necessary legislation has been implemented but in practice the Registry and the courts appear to recognize international registrations.

Licensing arrangements provide the ability for a trade mark owner to generate revenue and capitalize on the reputation of their brands. The relationship between a licensor and licensee is, in many ways, an interdependent one. Therefore, trade mark owners carefully select licensing partners based on their reputation for quality and business acumen to ensure that the integrity of the licensor's valuable proprietary rights will be protected. Given the importance of this unique business relationship, licensors typically include language in their licensing agreements that requires the licensor's consent prior to any assignment by a licensee of the licensed rights and obligations.

MIP Brand Management Forum 2006, Great Eastern Hotel, London, UK, March 28 – 29.

Companies embarking on a new business venture or undertaking a brand expansion programme under a selected trade mark typically believe that they have taken care of their intellectual property protection needs once they have searched, cleared and made a federal filing for their trade mark. However, these steps do not prevent a third party from securing internet domain names that are identical or confusingly similar. While the steps to protect trade mark rights accord a basis to challenge such third parties, trade mark owners are often surprised at the costs and difficulties that can be associated with enforcing these rights on the internet.

James Nurton, London