MIP Search | Managing Intellectual Property

China seeks public comment on draft revision to Patent Law

China’s newest draft revision to the Patent Law brings a raft of changes, including provisions to encourage patent licensing as well as strengthen design patent protection

April 22 2015

Noerr hires IP partner in Munich

Christoph Rieken will join law firm Noerr on May 1. He was formerly head of the German IP practice at Ashurst

Managing IP Correspondent, April 22 2015

Is the prohibition on disparaging marks unconstitutional?

The Federal Circuit affirmed the USPTO’s rejection of an application for the The Slants mark on the grounds that the term was disparaging to Asians. After drafting the court’s opinion, Judge Kimberly Moore penned an “additional views” section questioning the constitutionality of Section 2(a) of the Lanham Act

April 22 2015

EU trade mark reform at a glance

The so-called trilogue comprising the European Parliament, Commission and Council have agreed a deal on EU trade mark reform. But with details still sketchy, Managing IP analyses what is clear and what is still to be revealed

April 22 2015

EU trade mark deal struck, so what happens now?

Finally, after five years of debate, there is an agreement on reform to the EU Trade Marks Directive and CTM Regulation. While there is a cautious welcome for what has been agreed, we are likely to enter a new period of adaptation and scrutiny

April 21 2015

Bass and Spangenberg file sixth IPR petition, targeting Pharmacyclics

The Coalition for Affordable Drugs has filed another inter partes review petition at the Patent Trial and Appeal Board, in the latest move by Kyle Bass and Erich Spangenberg to target pharmaceutical companies’ patents

April 21 2015

Argentina: Benefits of test data protection

In Argentina, legislation that regulates the protection of test data (Law 24,766 Confidentiality Law, Executive Order 150/92) does not provide adequate test data protection to pharmaceutical specialities as required in Section 39.3 of the TRIPs Agreement, because it allows third-party reliance on information concerning the safety and efficacy of a product – reliance that is not authorised by the originator of the data.

Managing IP Correspondent, April 21 2015

Malaysia: Refusal of a trade mark based on passing off

A recent High Court decision in Malaysia reconfirms the incorporation of the passing off concept in refusing a trade mark registration under Section 14(1)(a) of the Trademarks Act (TMA). Section 14(1)(a) provides that a mark or part of a mark shall not be registered as a trade mark if "the use of which is likely to deceive or cause confusion to the public or would be contrary to law".

Managing IP Correspondent, April 21 2015

Europe: Limited is sufficiently extensive

A recent ruling of the General Court of the EU shed interesting light on the subject of genuine use of a Community trade mark (CTM). As to the aspect of the (geographical) extent of the use, the General Court appeared to apply a lower threshold than the Court of Justice of the EU suggested in its Leno Merken ruling from 2012. This should be good news for trade mark owners.

Managing IP Correspondent, April 21 2015

India: Trade mark validity at the interlocutory stage

In Lupin Limited v Johnson and Johnson and Shakti Bhog Foods Limited v Parle Products Pvt Ltd, the Full Bench of the Bombay High Court, in a reference made to it on the question of law as to whether the court can go into the validity of the registered trade mark at an interlocutory stage in an infringement suit, has held that there is no bar to the jurisdiction and power of a civil court to consider the challenge to the validity of the trade mark at the interlocutory stage by way of prima facie findings.

Managing IP Correspondent, April 21 2015

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