MIP Search | Managing Intellectual Property

Avoid bifurcation pitfalls

In a recent decision the Austrian Supreme Court had to decide on the professional liability of an attorney–at–law due to malpractice in a utility model infringement action.

Managing IP Correspondent, February 29 2012

Unrestrained video recording allowed on the web

Traditionally, video and DVD recorders have been able to be used in Australia for personal use in an almost unrestrained manner. Our legislature has also been concerned that our Copyright Act is able to deal with new technologies in an analogous manner. One new technology is video recording on the internet.

Managing IP Correspondent, February 29 2012

Will South Sudan get its IP right?

IP rights are both global and territorial. They are global in the sense that the same fundamental principles such as novelty, originality and distinctiveness tend to apply globally to the main categories of IP that have statutory protection such as patents, designs, copyright and trade marks. IP rights are territorial in the sense that each country requires its own legislation dealing with the subsistence of and enforcement of such rights.

Managing IP Correspondent, February 29 2012

EPO and Google launch machine translation service

The European Patent Office and Google have launched a new six-language machine translation service to improve access to patent documents a year after they embarked on the joint project

Managing IP Correspondent, February 29 2012

IPAB rules on business methods

In a recent decision, Yahoo v Asst Controller of Patents & Anr, the Intellectual Property Appellate Board (IPAB) affirmed the decision of the Patent Office, rejecting Yahoo's patent application under Section 3(k) of the Patents Act, 1970. This may be the IPAB's first ever decision on the interpretation of Section 3(k).

Managing IP Correspondent, February 29 2012

My trade marks not registrable

A fundamental requirement of a registrable trade mark is that it must be capable of distinguishing one trader's goods or services from those of another. The recent High Court decision of AMI Insurance v AA Insurance, IAG New Zealand, Vero Insurance New Zealand and Tower Insurance, emphasised the importance of choosing a distinctive trade mark that is capable of indicating the origin of a product or service in trade.

Managing IP Correspondent, February 29 2012

EU patent court on hold

Last month's briefing reported that observers had good reason to fear that the EU's proposal for a unitary patent system including a unified patent court would be rushed through under the current Danish EU presidency. However, things have now changed, and the EU patent court is on hold, once again.

Managing IP Correspondent, February 29 2012

Court of Appeal addresses passing off

Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006].

Managing IP Correspondent, February 29 2012

Forest Fresh similar to Wunderbaum

Proving trade mark reputation in Poland is very difficult and it is rare that the Polish Patent Office considers evidence to be sufficient to grant such status.

Managing IP Correspondent, February 29 2012

Hispania more recognisable than Vienna?

An applicant filed a trade mark application for a combined designation consisting of a stylised snowflake and stylised word part, Hispania.

Managing IP Correspondent, February 29 2012

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