Search results for

Silhouette has bestowed on a trade mark owner a parasitic right to interfere with the distribution of goods which bears little or no relationship to the proper function of the trade mark right.

On May 4 1999, a new Act (14/1999) on Taxes and Public Prices for services provided by the Nuclear Security Council was adopted. This Act contains, among other things, the necessary provisions in order to adapt Spanish legislation to the Trade mark Rights Treaty and Regulation, which was ratified by Spain on March 17 1999.

Biotechnology

Wasted opportunties The last few weeks have seen domain names take centre stage with a major WIPO report on the subject and the liberalization of the registration process. But, Ralph Cunningham discovers, not everybody is happy

Japan’s Supreme Court has just given the go-ahead to generics to use patented inventions for testing.

Secondary evidence can play a vital role in patent litigation.

Intellectual property owners could slash more than £50,000 ($80,500) from their costs in a UK High Court patent trial following a May decision by the Lord Chancellor to grant patent agents certain litigation rights.

Though the NBA seeks to promote its brand abroad, looking after its rights in the US is still a critical part of Kathryn Barrett Park’s job.

Increasingly, the decisions of the US Court of Appeals for the Federal Circuit reflect the need for patent applicants, particularly non US-based applicants, to be assisted by a lawyer who is a skilled linguist. This is a natural outgrowth of the now-established principle that patent claim interpretation is a matter of law to be determined independently by the courts at each level of the litigation process (Cybor v FAS Technologies, 138 F 3d 1448 (Fed Cir 1998 en banc); Markman v Westview Instruments, 52 F 3d 967 (Fed Cir 1995 en banc); affirmed 517 US 370 (1996).

In Mexico when someone seeks protection for a title of a periodical publication, a Mexican intellectual property counsel should recommend obtaining copyright as well as trade mark protection as trade mark protection only will not suffice. The Mexican Copyright Law recognizes sui generis protection for titles of publications including magazines, heads of newspapers, newspapers, pamphlets, supplements and guides. The Law also recognizes other types of titles of publications, however for the purposes of this brief they need not be included.