MIP Search | Managing Intellectual Property

AG: when downloaded software can be resold

A legal adviser at Europe’s highest court says that creators of computer programs should be allowed to prevent people from selling so-called used licences that enable the programs to be downloaded from the internet again

Managing IP Correspondent, April 25 2012

North America awards: Cases and firms in the United States and Canada

Patent Prosecution firms of the year

Managing IP Correspondent, April 25 2012

Patentability criteria for pharma patents

Since the adoption of TRIPs and the enactment of the Patent Law 24.481, and despite the great controversy that arose at that moment in Argentina, patents for pharmaceutical products have been introduced.

Managing IP Correspondent, April 25 2012

New Balance loses use case in South Africa

New Balance Athletic Shoe appealed against a decision by the South African Registrar of Trade Marks to expunge trade marks P-F Flyers and P-F on the grounds of non-use in terms of section 27(1)(b) of the South African Trade Marks Act 194 of 1993.

Managing IP Correspondent, April 25 2012

First decision issued under bad faith law

Traditionally, it has been possible for local traders to skilfully adopt foreign trade marks that have received little local publicity. Often some minor modification is made to the foreign mark. Whilst often considered 'sharp' business practice, it had been sanctioned by our courts.

Managing IP Correspondent, April 25 2012

Nullity department revokes patent ex officio

In Austria, patents may be revoked by sending a request for revocation to the nullity department of the Austrian Patent Office. Decisions may be appealed to the Supreme Patent and Trademark Senate, a special court established at the Supreme Court that is exclusively responsible for registered IP rights, such as patents, trade marks and designs. The Austrian system is therefore similar to Germany's bifurcated system, which also provides separate proceedings for validity of patents.

Managing IP Correspondent, April 25 2012

Supreme Court clarifies copyright case law

What kind of work deserves copyright protection? According to the 1994 Belgian law on copyright and related rights, a work should be expressed in a certain form, be communicated to the public (the ideas are not protected) and be original. Since the Screenoprints judgment by the Benelux Court of Justice, the case law has often used a fourth criterion: "the stamp of the personality of the author".

Managing IP Correspondent, April 25 2012

New patents order

A new Patents Order, 2011 has come into force in Brunei Darussalam, effective January 1 2012. This legislation repeals the previous patent legislation: The Inventions Act, Chapter 72.

Managing IP Correspondent, April 25 2012

New procedures for quicker search reports

The Greek Patent Office recently introduced procedures to facilitate the quicker issuance of a search report for national applications, which are intended to establish priority rights for a later EPO or PCT application.

Managing IP Correspondent, April 25 2012

Dealing with external inventors

In France, when an employee of a company makes an invention, ownership depends on his employment contract. Generally, the contract contains a clause stating that the employee has an inventive role and that inventions resulting from his work belong to the company. In return, according to French law, the company must pay additional remuneration to the employee for each of its inventions.

Managing IP Correspondent, April 25 2012

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