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  • Pharmaceutical patents are at the forefront of litigation in Canada. Andrew Bernstein and Grant Worden of Torys LLP in Toronto explain why, and consider proposed changes to rules on generic drugs
  • Brevity can be a vital asset when arguing patent cases. Cynthia A Homan and Meredith Martin Addy of Brinks Hofer Gilson & Lione in Chicago provide some tips on how to make use of it before the Federal Circuit
  • Emma Barraclough, Hong Kong
  • The United Arab Emirates recently signed a Trade and Investment Framework Agreement with the United States. The purpose of the agreement is to develop ways for both countries to expand their bilateral trade and investment relationship. The value of trade between the US and the UAE was reported to be in the vicinity of $4.6 billion in the year 2003 and with an open market and a large economy, the Free Trade Agreement (FTA) should bring more investment into the country and this figure could grow exponentially. A good example of how much open markets can do is the success that the various free zones established in the UAE have had. The FTA will also enhance the technology base here. But what does this mean for companies coming into the UAE?
  • OHIM fees: key changes Service Current
  • For many years the English patents judges have striven to reduce costs and time to trial in patent cases. The streamlined procedure introduced in 2003 is the latest such move. It is proving a great success. Although the procedure was primarily intended for use in smaller patent cases, the flexibility afforded to judges in the way that they can manage cases has influenced the conduct of all patent litigation. Actions are now coming to trial in shorter periods of time (nine months to trial is not uncommon), and trials are shorter in duration. Two recent cases may be seen as indicators of the increasing use of the procedure, and a further shift toward more flexible and efficient patent litigation.
  • According to criteria recently adopted by the Mexican Trade Mark Office (TMO), single invoices are appropriate and sufficient evidence to prove the use of a mark. However, it is important to point out that these criteria are contrary to doctrine and to article 62 of the Regulations of the Mexican Industrial Property Law, which establishes that a mark is in use when the goods or services covered by its registration are available in commerce in the amounts and manners that correspond to its nature.
  • We recently reported on a referral to the European Court of Justice, which may bring about the possibility for getting supplementary protection certificates (SPCs) for formulation patents (MIP, June 2005). This month we report on another referral to the ECJ, the outcome of which could also have a significant economic impact.
  • After a lengthy and heated debate between business people, scientists and engineers, the Korean Intellectual Property Office has prepared a draft amendment to the Korean Invention Promotion Act, which deals with employee inventions.
  • Trade mark protection in Venezuela is governed by Andean Community legislation as well as national laws. José Gregorio Torrealba-Rodríguez explains some idiosyncrasies of the system, and how to challenge trade mark applications and registrations