Search results for

Is trade mark use on the part of a defendant a prerequisite to trade mark infringement? We reported in the last issue of Managing Intellectual Property that the answer to this question seemed clear and that "trade mark use" (that is, use to indicate the commercial origin of the goods or services concerned) is not a prerequisite to trade mark infringement.

The new Intellectual Property Bill, which was presented to Parliament in June 2003, was challenged in the Supreme Court in SC Case No 14/2003. The applications were filed by the Centre for Policy Alternatives and, in Case No SC 16 of 2003, by Dr Kamalika Abeyratne, chairperson of AIDS Coalition in Sri Lanka, and Nihal Fernando. The matter came up before the Supreme Court consisting of the Chief Justice Sarath N Silva and Justices Shirani Bandaranayake and J A N de Silva.

The exclusive rights of a trade mark proprietor and the interests of competitors and the general public in free trade require a compromise, so that in certain instances third party use of the trade mark cannot be prohibited. Such constellations are inter alia mentioned in Section 23 of the 1994 German Trade Mark Act, which permits the use of a third party's own name or address (number 1), the use of an indication concerning the characteristics or features of the goods or services (number 2) or where such use is necessary to indicate the intended purpose of a product, in particular as an accessory or spare part or a service, insofar as the use is necessary for it (number 3), provided the use is not contrary to the principles of morality.

Alain Coriat and Ricardo Fischer of Hoet Pelaez Castillo & Duque in Venezuela tackle the misconception that globalization and IP protection is detrimental to developing countries

The advent of computers and electronic communication has added a new dimension to preserving evidence, explains Glen P Belvis of Brinks Hofer Gilson & Lione

The Federal Circuit was born on October 1 1982, due in large part to pressure from US patent owners looking for judicial consistency to safeguard their innovations. With the court approaching its 21st anniversary, Sam Mamudi looks at how effectively it has fulfilled its mission

When considering taking action for patent infringement in Mexico it is wise to consider traditional avenues as well as recent litigation trends, explains Alejandro Luna of Olivares & Cia in Mexico City

Marcos Morales of Silva & Cia in Santiago illustrates how the recent Free Trade Agreement between Chile and the US will affect IP rights and regulations in the two countries

Recent decisions by the Argentine courts are encouraging as far as observing patents rights, by making effective the provisional measures discussed in Article 50 of the TRIPs Agreement. Federico A Aulmann from Obligado & Cia examines the matter

INTA celebrated its 125th anniversary year in Amsterdam, the first annual meeting held outside North America. Sam Mamudi visited Fairfield, Connecticut to ask INTA president Kathryn Barrett Park about the road ahead