Search results for

It is imperative for the plaintiff to prove that the process of manufacture adopted by the defendant or that such imitation amounts to infringement. This duty rests on the plaintiff, so as to establish the infringement suit prima facie. Undoubtedly, the question of infringement of a patent is a mixed question of law and fact. In this scenario the ruling of the Madras High Court in FDC Limited & Ors v Sanjeev Khandelwal & Ors 2007 (35) PTC 436 (Mad), that ex parte injunctions be granted only after an effective judicial scrutiny of both oral as well as documentary evidence, becomes of paramount importance.

August 22 2001 is the date of implementation in Poland of a new law - The Industrial Property Law. The main aim of this Law is to adapt the Polish legal system to European Union standards.

In the second part of the annual World IP Survey, James Nurton, Ingrid Hering and Ralph Cunningham analyze the latest trends in trade mark and copyright practice around the world. We also reveal the leading firms in our annual poll

Managing IP was first to report major stories that matter, from a Peppa Pig dispute to the UPC sunrise period and new targets for the Indian and UK IP offices

Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices

Sources set out what different requirements for use and description and cancellation proceedings mean for their EU and US strategies

The new Customs and Trade Mark Registry will enable the Customs Administration and the Mexican Institute of Industrial Property to collaborate effectively. Yet a more general improvement of legislation may be slow to follow, explains Saul Santoyo of Uhthoff, Gomez Vega & Uhthoff SC

While jurisdictions such as the EPO are moving away from the use of Swiss-type claims, China still accepts such claims, though a Chinese Swiss-type claim has its own unique uses and limitations. Ouyang Shiwen and Zhang Lihua explain how such claims are interpreted and the approach taken by the Supreme People’s Court in light of recent guidance

One hundred years after the first piece of litigation over Budweiser beer, four recent decisions show the battle is far from over – despite a major decision from the Court of Justice of the EU (CJ). In the first, Argentina made a final ruling that Czech brewery Budweiser Budvar cannot register its trade mark after an opposition from US brewer Anheuser-Busch. In the second and third, Budvar won cases in Bulgaria and Italy. Which was perhaps surprising, given the bigger decision earlier in the year from the CJ ruling that Budvar's geographical indication for Bud did not give it protection against competing trade marks.

It is natural to expect that when a company files a patent application it wants to obtain a patent, maintain it and obtain some profit from it. Sometimes the natural course of things is disrupted.