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    Benefits of the linkage system
    Since 2003, when the Mexican Linkage Regulation was enacted, the Mexican Patent Office, due to a narrow interpretation, has been reluctant to include in the Linkage Gazette patents that cover pharmaceutical compositions and medical use patents.
    Managing IP Correspondent, February 01 2007
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    The eye-test for novelty of designs
    In a recent appeal case, Gopal Glass Works Ltd v AC of Patents & Designs Ors 2006 (33) PTC 434 (cal), Kolkata High Court examined the grounds for cancelling a registered design.
    Managing IP Correspondent, December 01 2006
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    Open source software and patents
    Software is invading every field of business, including telecommunications, industrial equipment, cars and audio-video media The development of new products results in the integration of computer programs that correspond to features, some of them widespread and others more original.
    Managing IP Correspondent, December 01 2006
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    Domain rules set to be changed
    The Croatian Academic and Research Network (CARNet), which administers top-level .hr domains, has introduced a new draft entitled Regulations Regarding the Organization of Top-Level "hr" Internet Domains and the Principles of Managing the Top-Level "hr" Domain. The new Draft will replace existing Regulations when it enters into force on January 1 2007.
    Managing IP Correspondent, December 01 2006
  • The fate of a hair removal method patent in Europe
    About two years ago, a Board of Appeal (BoA) of the European Patent Office (EPO) issued a decision in examination appeal on the patentability of a cosmetic treatment method (T383/03). Recently, it appeared that this decision was "not in line with current well-established practice". The decision itself, but also the fate of the patent and its family members, is an interesting learning case of how things may (not) work in Europe.
    Managing IP Correspondent, December 01 2006
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    Are three-dimensional signs registrable in the EU?
    The difficulties likely to be faced by businesses that seek trade mark protection for three-dimensional signs which have a functional feature were revisited in a recent Opinion of Advocate General Leger in the European Court of Justice (ECJ) in Dyson Ltd v Registrar (Case C-321/03).
    Managing IP Correspondent, December 01 2006
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    Jeffery West wins jWest spat
    This was an opposition brought by Mark Richard Jeffery and Guy Anthony (the opponents), owners of the registered mark Jeffery-West in Class 25, against Nautical Concept (the applicant) who applied to register jWEST as a trade mark in Class 25 for similar goods (shoes and footwear).
    Managing IP Correspondent, December 01 2006
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    Simplified procedure for destruction of counterfeit goods
    The Italian Financial Act 2007 introduces a simplified procedure for the destruction of goods suspected of violating IP rights.
    Managing IP Correspondent, December 01 2006
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    Court gets tough with infringers
    Intellectual property rights owners will welcome recent indications from the Irish Commercial Court, which has specialist expertise in IP matters, that it is fully prepared to get tough with infringers who fail to disclose information in relation to the source of their infringing goods.
    Managing IP Correspondent, December 01 2006
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    AG's Opinion threatens to overturn practice on use
    In a preliminary ruling in a case forwarded to the ECJ by the Austrian Oberster Patent– und Markensenat (OPM) and closely monitored by the Austrian IP community, Advocate–General Damaso Ruiz–Jarabo Colomer delivered his opinion on October 26 2006 (C–246/05 – Häupl v Lidl). If followed by the ECJ, the opinion will have a revolutionary impact on non–use legislation and jurisprudence throughout Europe.
    Managing IP Correspondent, December 01 2006
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