MIP Search | Managing Intellectual Property

Malaysia: Lack of novelty in patent infringement proceedings

In Seng Kong Shutter Industries Sdn Bhd & Anor v SKB Shutters Manufacturing Sdn Bhd [2014] 4 CLJ 1037, the Malaysian Court of Appeal overturned the High Court's decision in SKB Shutters Manufacturing Sdn Bhd v Seng Kong Shutter Industries Sdn Bhd & Anor [2011] 4 CLJ and clarified the legal principles on the issue of lack of novelty in patent infringement proceedings.

Managing IP Correspondent, September 01 2014

PTAB "a very scary process" – patent lawyers

Patent owners have discovered that PTAB proceedings are an intense ordeal that leaves little chance for discovery or amending claims, while lawyers more used to district courts have endured a steep learning curve. Michael Loney reports on lessons learned from the PTAB frontlines

September 01 2014

PTAB proceedings catching on with pharma industry

Patent Trial and Appeal Board proceedings are increasingly popular among pharma firms, in particular among generics eager to find a new way to invalidate big pharma’s patents. Marion Webb reports

Managing IP Correspondent, September 01 2014

What the CJEU’s ruling in Apple means for retailers

Geert Glas and Nieke Vanavermaete explain how retailers can protect their store layouts with trade marks

Managing IP Correspondent, September 01 2014

Africa: Trade mark rights and practices in South Sudan

Since the Republic of South Sudan gained full independence from Sudan on July 9 2011, there have been doubts about the possibility of trade mark registrations and their enforceability. This is due to the absence of a national law and the fact that Sudanese trade mark registrations no longer apply to South Sudan.

Managing IP Correspondent, September 01 2014

Copyright at the crossroads

Legislators and courts all over the world are grappling with the challenge that new technology poses to copyright norms. James Nurton summarises the latest developments and examines why some feel reform is vital

Managing IP Correspondent, September 01 2014

Australia: Geographic place names are difficult trade marks

Australia has recently maintained the long tradition of denying traders the right to appropriate geographical place names for their exclusive use. In Kosciuszko Thredbo Pty Limited v ThredboNet Marketing Pty Limited [2014] FCAFC 87, Kosciuszko Thredbo, the operators of the popular Australian ski resort Thredbo, attempted to stop ThredboNet from using the name, suing on a plethora of different grounds.

Managing IP Correspondent, September 01 2014

Austria: Company names and trade marks

Within the EU the attack on a trade mark on the basis of a company name is often problematic with regard to proofs both against national trade marks and EU trade marks. According to the EU Trade Marks Directive Article 4.4 (b) a member state may provide for such action. If it does this Article foresees three cumulative conditions:

Managing IP Correspondent, September 01 2014

China trade marks: Revised provisions on well-known marks issued

Following the recent amendments to the PRC Trade Mark Law that took effect on May 1 2014, China issued revised Well-Known Mark Recognition and Protection Provisions in early July 2014, with effect from August 2 2014, that supersede the existing provisions from 2003.

Managing IP Correspondent, September 01 2014

China patents: New rules for patent infringement

On July 16, China Supreme People's Court (SPC) released its amendment proposal for public comments, titled "Amendment of the Judiciary Interpretation – Certain Provisions on Issues Concerning Application of Law in Trying Cases Involving Patent Disputes". The current Judiciary Interpretation is one of the key authorities for Chinese courts to handle patent infringement cases. It has been in effect since 2001 and has had some minor changes over the years.

Managing IP Correspondent, September 01 2014

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