Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Search results for

There are 21,740 results that match your search.21,740 results
  • On June 20 2002 the Polish Parliament approved revisions to the Industrial Property Law. The revisions came into effect on August 4 2002. Information about the revisions was published on July 20 2002 in the Official Law Gazette No 113 item 983.
  • Law no. 202 on the assurance of the abidance by the intellectual property rights during Customs operations was adopted at the end of 2000 and this was followed by the Methodological Norms for the enforcement of Law no 202/2000 on March 8 2001.
  • There is an indication that North Korea (Democratic People's Republic of Korea) is changing. Recently, North Korea announced the abolition of the "distribution system", its symbol of communism. The abolition symbolizes the recognition of the "privatization of property, " as North Korea became the "last experimental station on earth" relating to the introduction of a market economy.
  • The growing importance of IP rights in Japan has led to frequent amendments to the corpus of Japanese IP laws. Such tweaking has however made it more difficult than ever to gain a grasp on which amendments are applicable to which patents. The following is a quick summary of the major amendments to the Japanese Patent Law made over the last 20 years.
  • In German court decisions as well as in the German patent literature it has been a generally accepted position that product claims on the one hand and process claims on the other hand represent distinct claim categories; and that product patents (containing only product claims) and process patents (containing only process claims) are distinct patent categories. The applicant is free to choose the appropriate claim category or categories; a patent may contain product claims, process claims or both. However, after grant this choice is binding on the patentee, and a change of category from a product patent to a process patent (and vice versa) is considered to be inadmissible because it involves an extension of the protection conferred (Benkard, Patentgesetz – Gebrauchsmustergesetz, 9th Edition 1993, pages 141, 501, 686 and 710).
  • The US Court of Appeals for the Federal Circuit's infamous Festo decision has led to countless debates as to how careful one should now be when amending the claims of US patent applications during prosecution before the USPTO. The US Supreme Court, in its judgment rendered in May 2002, has partially softened the harsh impact of the CAFC's original decision, which applied a file wrapper estoppel completely barring the use of the doctrine of equivalents in subsequent infringement proceedings as far as the amended portion of the claim was concerned.
  • On May 22 this year, the US Supreme Court decided the most eagerly-awaited patent case in many years, Festo v SMC. The case addresses a key issue for patent holders: what protection is available under the doctrine of equivalents. But was the decision as important as many people have claimed? What effect will it have for patent applicants and litigants in the US? And what impact will it have on the US Patent and Trademark Office, the Federal Circuit and district courts? MIP invited six senior IP practitioners in the US to a round table discussion, held at the Washington DC offices of Finnegan Henderson, to discuss the implications of the Festo decision, as well as other recent patent cases. James Nurton moderated the discussion
  • Australia: Almost 40% of Australian businesses are using pirated software, according to a Dimension Data Australia survey reported in The Australian newspaper, with IT managers blaming the problem on complex licensing programmes and a lack of internal monitoring. China: Sina.com, said to be China's leading internet content provider, has been ordered to pay Qian Kun, a writer, Rmb2,000 ($240) for publishing work Qian had done exclusively for Sohu.com, Sina's biggest rival, according to China Daily. Beijing No 1 Intermediate Court also ordered Sina.com to carry apologies to the writer on its sports channel for seven days. China: In what is thought to be an unprecedented move, authorities will allow US prosecutors to come to Beijing to question witnesses about the theft of Lucent Technologies software. The US lawyers are coming to the Chinese capital to interview staff from Datang Telecom Technology. In June 2001, three Chinese citizens, two of whom worked at Lucent's headquarters in New Jersey, were charged with stealing trade secrets from Lucent with the intent of using Datang to market a product based on the secrets. China: The Supreme People's Court has ruled that a trade mark owner can be prosecuted in a product liability action. The Beijing Municipal Higher People's Court asked the higher court to rule on the issue after it came up in a case concerning General Motors, the US car company, and two of its subsidiaries. The ruling came into force on July 28. Japan: The Office for Promotion of Justice System Reform is to study a proposal to exclude the public from court hearings on patents and other IP rights to prevent important business secrets from being revealed, according to Kyodo News Service. Japan: Sony has developed Open MG X, a new digital copyright management and distribution technology, which it says will stop the unauthorized copying of entertainment files, such as music and films, that are distributed over the internet and also enable content distributors to set hours and number of times for replaying such files. Thailand: The Business Software Alliance (BSA) has made its first raid in Thailand on a website it believes was selling pirated software, music, movies and pornography. The Economic Crime Investigations Division of the Thai Police carried out the raid on SmileThailand.com with the help of BSA investigators. The operator of the website was said to be selling CDs for Bt150 ($3.57).
  • In a surprise arbitration decision, Nike has lost its complaint over five domain names registered by a Korean company.
  • A controversial patent granted to Edinburgh University has been curtailed to exclude human or animal embryonic stem cells.