MIP Search | Managing Intellectual Property

Utynam’s Heirs

Last month Utynam attended the 31st MARQUES Annual Conference in Prague. Here are some highlights

Managing IP Correspondent, September 28 2017

US: Trade marks: Disputes between departing member and remnant group

In Lyons v American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper owner of a service mark when there has been a departure from or change of membership in a group and both the departing party and the remnant group claim ownership of the mark. In so doing, the Court highlighted the importance for ventures to enter into formal agreements memorializing ownership of a mark.

Managing IP Correspondent, September 28 2017

Canada: Non-infringing alternative defence clarified

The Federal Court of Canada recently issued its public judgment and reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex's infringement of the omeprazole formulation patent (AstraZeneca's Losec) in AstraZeneca Canada Inc v Apotex Inc, 2017 FC 726. During the liability phase of these proceedings, the Federal Court of Canada had found the omeprazole formulation patent valid and infringed by Apotex (AstraZeneca Canada Inc v Apotex Inc, 2015 FC 322).

Managing IP Correspondent, September 28 2017

Actavis v Eli Lilly brings new questions in the UK

Is the UK Supreme Court’s decision in Actavis v Eli Lilly a radical change to English patent law? Brian Cordery, Annsley Merelle Ward and Adrian Chew say it may not be quite as simple as that

Managing IP Correspondent, September 28 2017

Convergence between Germany and UK

The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera

Managing IP Correspondent, September 28 2017

Spain looks overseas for guidance on DoE

Spain’s courts imported the old English test into their patent law. Miquel Montañá asks: now that test has changed, will they have to change too?

Managing IP Correspondent, September 28 2017

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United Kingdom: Brexit – the EU position

The European Commission has issued its position paper on pan-European Union IP rights post-Brexit. As patents are not governed by the EU but come under the remit of European Patent Office, they are unaffected by Brexit and are not included in the document. Thus the EU need only concern itself with other IP rights, mainly trade marks and designs.

Managing IP Correspondent, September 28 2017

The Netherlands: The effects of lack of harmonisation

A number of court cases were recently and are still playing between Becton Dickinson (BD) and Braun on the validity and infringement of EP 2319556 related to a needle tip for hypodermic needles.

Managing IP Correspondent, September 28 2017

Greece: Infringement by equivalence affirmed

While the doctrine of equivalents exists in theory in most Greek legal textbooks, judgments applying this theory in practice are scarce in Greece. A recently issued judgment by the Athens Court of First Instance in preliminary injunction proceedings is an important addition to this rather small number of judgments.

Managing IP Correspondent, September 28 2017

Mexico: The importance of a local attorney

As we know, the Madrid System is a tool that simplifies the administrative procedure of trade marks through an International Registration which is equivalent to various national registrations by the applicant in the designated contracting parties.

Managing IP Correspondent, September 28 2017

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