Search results for

Trade mark protection has advanced significantly from the days when marks consisted of words, letters, logos or reproductions of images in two-dimensional forms. In many countries, legislative amendments and continually evolving trade mark practices have extended the scope of trade mark protection to include non-conventional marks such as three-dimensional marks, sounds and even smells.

Brazil: The Brazilian government on June 24 told US drugs company Abbott Laboratories that if it does not lower the cost of its AIDS-fighting drug, Kaletra, the country would produce its own generic version. The government said that Abbott had 10 days to cut its price. As MIP went to press, no action had yet been taken.

China has launched a process to consider amendments to its Patent Law. The Law is being reviewed at the moment and any draft amendments will be presented to the Standing Committee of the National People's Congress for the committee members to discuss and pass into law. It could take at least three years for the legislative changes to come into force.

Last March, the Dutch Court of Appeal in The Hague gave its judgment in an infringement/nullity case where (in first instance) a Dutch firm (Fokker Aerospace) was sued for infringing a European patent owned by a Luxembourg firm (Parteurosa). The patent claimed a convertible container construction. The Court referred to a decision of the Dutch Supreme Court of 1996 that said that partial nullity of a patent is only allowable if it is sufficiently clear to the skilled person taking note of the patent and the state of the art at the filing date what the scope of the remaining patent protection is. In this particular case, the Court found that claims 1, 2 and 19 to 21 were void. The remaining claims 3 to 18 described seven different subjects, and it was not clear from the description, according to the Court, which subject was favoured. Using the above-mentioned Supreme Court decision, the Court of Appeal ruled that the whole patent was void.

As the value of IP increases, there are more companies willing to take advantage of the patent system to scare others into paying alleged damages rather than face a trial. But, says Bob Cote of Orrick, fighting these so-called patent trolls will pay off in the long run

The UK approach to patenting software is stricter than that at the EPO. But does that mean that a patent drafted with an eye to the UK position is a safe bet for protection at the EPO? Gwilym Roberts and Peter Hale of Kilburn & Strode in London explain the legal and practical issues

Changes to Singapore's patent law will greatly help companies seeking pharmaceutical patents. Kristian Robinson and Alicia Sim of Ella Cheong Spruson & Ferguson outline what the reforms will mean

Russia's system of post-grant opposition differs in important respects from that of the European Patent Convention. But this can be a good thing, as Katja Feiring and Petja Papula of Papula-Nevinpat explain

Elean Papachristoforou of Andreas Neocleous in Cyprus examines the different means of protection available in the country, and explains how the law has changed following EU accession in 2004

Heriberto R Lopez of Becerril Coca & Becerril discusses the patentability of software and business methods in Europe and the US, and the situation in Mexico