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  • Sponsored by Cabinet Beau de Loménie
    In France, a prior right holder cannot oppose a trade mark based on bad faith.
  • The Kenyan authorities have published a bill, the Statute Law (Miscellaneous Amendments) Bill 2018 (the Bill), which proposes significant changes to two pieces of IP legislation.
  • In a recent ruling by the Court of The Hague (ECLI:NL:RBDHA:2018: 4591) a defendant/patentee has been ordered to pay the costs of nullity proceedings brought against it, despite not wishing to maintain or assert its patent.
  • When pursuing an IP enforcement case in Vietnam, counsel will often inform rights holders about the need to obtain a VIPRI opinion as a first step. VIPRI (Vietnam Intellectual Property Research Institute), a quasi-governmental organisation, is the only agency in Vietnam authorised to provide expert opinions (statutorily known as assessment conclusions) on IP infringement.
  • Shionogi is the owner of a patent entitled Pyrimidine Derivatives (JP2648897). X filed a request for a trial for invalidation of the patent. Nippon Chemiphar intervened in the trial as a plaintiff, and AstraZeneca UK intervened in the trial in order to support the defendant.
  • Although it is the general policy of the USPTO's Trademark Trial and Appeal Board (TTAB) to suspend opposition proceedings when the parties to such proceedings become involved in a civil action which may be dispositive of the case, a recent decision issued by the US District Court for the District of Delaware in Tigercat Int'l, Inc. v Caterpillar Inc. indicates that there are circumstances where, conversely, federal courts will stay a litigation pending a TTAB ruling.
  • The Thai Alcohol Control Act (the ACA) B.E. 2551, enacted in 2008 sets out the legal framework for trade restrictions on alcoholic beverages in Thailand. Along with the related implementing Ministerial Regulations, the ACA has had implications for trade mark owners' rights.
  • Following last year's decision in Novartis (Singapore) Pte Ltd v Bristol-Myers Squibb Pharma Co ([2017] SGHC 322), the Intellectual Property Office of Singapore (IPOS) has recently provided clarification on the provisions of the Singapore Patents Act and the Singapore Patents Rules regarding the correction of errors in filed patent applications. The Novartis v Bristol-Myers case primarily concerned a family of four Singapore patents (one parent and three divisional patents) all claiming priority from a United States provisional patent application.
  • Taiwan's Council of Grand Justices issued Interpretation No 761 on February 9 2018, addressing the issue of whether or not judges and technical examiners at the Intellectual Property Court (hereinafter referred to as IP Court) are obliged to abide by Article 19.3 of the law on administrative litigation. According to this Article, after a judge has participated in hearing a civil action that is related to an administrative litigation action filed subsequently, they must abstain from taking up adjudication of the administrative litigation action.
  • In the case of Christian Louboutin SAS v Abubaker & Ors, a single judge of the Hon'ble Delhi High Court summarily dismissed a trade mark infringement and passing off suit on May 18 2018, without issuing summons to the defendants, holding that use of a single colour rather than a combination of colours does not qualify as a mark under Section 2(1)(m) and as a trade mark under Section 2(1)(zb) of the Trademarks Act 1999 (hereinafter the Act).