MIP Search | Managing Intellectual Property

Registering colour trade marks

Section 3 (1) of the 1994 German Trade Mark Act provides that "any signs, particularly words ... including colours and combinations of colours, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings may be protected as trade marks." With this wording the 1994 statute exceeds the standards given by article 2 of the European Council Directive.

Managing IP Correspondent, May 31 2002

US-EU rift opens up over GIs

The International Trademark Association (INTA) hosted a session at the WTO Doha Symposium in Geneva from April 29 to May 1 on the impact of the Doha Agreement on geographical indications (GIs). The session revealed a divergence between the EU and US. The EU proposes that GI protection should be available for all products; the US maintains that only wines and spirits should benefit.

Managing IP Correspondent, May 31 2002

EPC accession confirmed

For some time there has been uncertainty about the Czech Republic joining the EPC and the date that this might happen (see previous International Briefings). However, accession to the EPC has recently been approved by the Czech parliament and the proposed date, July 1 2002, confirmed. Consequently, on this date Part 3 of the Czech Patents Act No 527/1990 as amended by Act 116/2000, regulating proceeding of the European Patent Applications will come into effect.

Managing IP Correspondent, May 31 2002

United Kingdom:To litigate or not to litigate

Stephen Gare of Mayer, Brown, Rowe & Maw in London examines how best to enforce IP rights in the UK, in the light of reforms to the court system

Managing IP Correspondent, May 31 2002

Russia/CIS:Seven years of Eurasian patents

Petja Papula of Papula Oy in Helsinki assesses the success of the Eurasian patent system and the amendments that have been implemented since it was introduced in 1995

Managing IP Correspondent, May 31 2002

Mexico:How to protect software and business methods

Despite the lack of specific statutory protection for sofware patents in Mexico, Fernando Becerril and Heriberto Lopez of Becerril, Coca & Becerril, SC, argue that protection can be secured with inventive claim drafting

Managing IP Correspondent, May 31 2002

Personality clash

Faced with an unauthorized use of his photograph, motor racing driver Eddie Irvine tried to enforce his personality rights in court. David Rose examines what the decision reveals about the English courts’ attitude to character rights

Managing IP Correspondent, May 31 2002

Bridging the biotech/law divide

Ralph Cunningham, Asia Editor, MIP

Managing IP Correspondent, May 31 2002

A new curb on the doctrine of equivalents

The doctrine of equivalents may not be used to cover unclaimed subject matter disclosed in a US patent application. This was the holding of the Court of Appeals for the Federal Circuit (sitting en banc), in Johnson and Johnston Associates, Inc v RE Service Co (62 USPQ 2d 1225(March 28 2002)). This conclusion was contrary to the Supreme Court's majority opinion in Graver Tank & Mfg Co v Linde Air Products (339 US 605, 609 (1950)).

Managing IP Correspondent, May 31 2002

Beware of the pirates

Better safe than sorry: even companies with no immediate intention of doing business in China should register their trade marks there. If not they could find themselves paying a lot of money in the future to prove fame, warns Gary Fechter

Managing IP Correspondent, May 31 2002

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