MIP Search | Managing Intellectual Property

How to deal with the lack of trade mark harmonisation

It is well known that Norwegians like to stand out. Norway is not a member of the EU and the majority of Norwegians would like to keep it that way. Norway is, however, part of the European Economic Area (EEA). Through the EEA Agreement, the Norwegian trade mark authorities are obliged to implement the same requirements of distinctiveness as those of EU member states.

Managing IP Correspondent, August 30 2012

High Court takes jurisdiction over US patent

In March this year, the High Court found in favour of a Mr Stewart on the basis that Franmara Inc, a United States company, had infringed his New Zealand patent and breached a confidentiality agreement. The subject matter was a bottle opener for champagne and sparkling wine.

Managing IP Correspondent, August 30 2012

New use patents run risk of opposition

"New or subsequent use of a known product" is among the subject matters specifically excluded from the scope of patentable inventions in Pakistan. This has been the case since the 2000 Ordinance irrespective of the fact that merely changing the category of claim to give a specifically excluded subject matter an inventive gloss is not sufficient to evade the prohibition, and a well-recognised rule of claims interpretation is that "a valid claim cannot read on a prior art product".

Managing IP Correspondent, August 30 2012

Internet IP: Icann extends gTLD comment period

The public comment period for new gTLD applications has been extended by 45 days to September 26. The extension from August 12 came after Icann said that the additional time was needed due to the large number of new gTLD applications. Anyone can make a comment on any of the 1930 new gTLD applications. Those made by September 26 will also be given to the new gTLD evaluators.

Managing IP Correspondent, August 30 2012

Zambia: Unregistered marks undermined

On February 29 2012, the Supreme Court of Zambia announced that a trade mark application in Zambia may not be opposed on the basis of an earlier, similar, but unregistered trade mark; even if that earlier trade mark is well-known.

Managing IP Correspondent, August 30 2012

Former judge: why copyright owners have got it wrong

A retired senior judge has told IP professionals that internet services providers should not be held liable when their users infringe copyright online

Managing IP Correspondent, March 12 2012

Record year for international trade marks

International trade marks filed using the Madrid System grew by 6.5% in 2011 to a record 42,270, amid signs that European brand owners’ strategies are changing

March 12 2012

Red Bull wins fight over two colour marks

The famous Austrian manufacturer of energy drinks Red Bull recently successfully enforced Community trade mark 2534774, a trade mark consisting of blue and silver, where the two colours make up half of the mark each.

Managing IP Correspondent, August 30 2012

Interpreting rules on test data

The Argentine legislation regulating the protection of test data (Law 24.766 -Confidentiality Law and Executive Order 150/92) allows third-party reliance on information concerning the safety and efficacy of a previously approved similar product.

Managing IP Correspondent, August 30 2012

IP Translator case could cause legal uncertainty

France is among the countries requiring that the specification of goods and services of trade marks be as precise as possible, for the security of the third party.

Managing IP Correspondent, August 30 2012

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