Search results for

A recent New Zealand High Court decision (Pharmazen Limited v Anagenix IP Limited [2019] NZHC 1520 (July 1 2019)) serves as a reminder of the subjective nature of the comparison of trademarks, with the court finding the marks “Actazin” and “ActiPhen” too similar, while on the same facts and evidence, an Australian hearings officer had decided the opposite.

A column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449

The Ugandan Patent Office has recently objected to the grant of patents for pharmaceutical inventions following notification of grant by the African Regional Intellectual Property Organisation (ARIPO), where Uganda is a designated state. This objection is based on the national patent law of Uganda as it relates to the flexibilities regarding the application of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to pharmaceutical products in least developed countries (LDCs).

Robert Reading of CompuMark examines some of the common perceptions of pharmaceutical trademarks and how they measure up in reality

The market for certain spare parts used for motor vehicle repair may be liberalised in France.

The Mexican Institute of Industrial Property (the IMPI) denied applications for the mark "Pinche Gringo BBQ" and design to Daniel Andrew Defossey and Roberto Luna Aceves, on the grounds of Article 4 of the Industrial Property Law (LPI). It stated that the mark was contrary to public order, morality and good customs. The term "Pinche" is a pejorative word and "Gringo" refers to a person born in the United States, especially one who is English-speaking. However, interestingly, the real meaning of "Pinche" is a person who provides services in the kitchen or an assistant cook.

The new provision for punitive damages for wilful infringement is now effective. The newly introduced punitive damages provision should contribute to stronger protection of patents and increase general value of patents in Korea. The new provision set forth below is now effective in Korea to deter unjust acts of patent infringement.

In Andy Warhol Foundation for the Visual Arts Inc. v Goldsmith et al. No. 17-CV-2532, 2019 (S.D.N.Y. July 1 2019), the US District Court for the Southern District of New York addressed the question of whether Andy Warhol's (Warhol) use of a photograph of Prince Rogers Nelson, best known as Prince, constituted violations of the Copyright Act. Granting the Andy Warhol Foundation's (AWF) motion for summary judgment, the court found that although the at-issue photograph was protected by copyright, AWF had a viable fair use defence.

The Brazilian Patent and Trademark Office (PTO) has introduced its long-awaited plan to solve its patent backlog, a project called the "Preliminary Standardised Office Action Program". The idea is to reduce backlog by 80% over the next two years – after which the PTO estimates it will take under 24 months to examine new applications.

Lucy Wojcik, head of IP at UK online supermarket Ocado, tells Patent Strategy how the business became R&D focused and then embedded IP into its workflows to better protect its innovations