MIP Search | Managing Intellectual Property

France: Supreme Court addresses generic issue

The distinctiveness of a trade mark is appreciated from a negative point of view, that is to say the term must not be exclusively the generic or usual designation of a product.

Managing IP Correspondent, September 01 2014

Japan: IP High Court rules in Apple v Samsung FRAND case

In the Apple v Samsung litigation in Japan, on May 16 2014, the Grand Panel of the IP High Court affirmed the Tokyo District Court decision regarding an injunction and held that Samsung did not have a right to seek an injunction against Apple Japan regarding the patent with FRAND declaration.

Managing IP Correspondent, September 01 2014

India: The silver lining in India’s latest CL decision

In its recent judgment, the Bombay High Court dismissed Bayer's appeal against the grant of a compulsory license (CL) to Natco, a generic manufacturer, for its Indian patent on an anti-cancer drug called Nexavar. This order of the Bombay High Court is round three in the litigation between Bayer & Natco. The first round was before the Controller General (CG) of Patents and the second round was before the Intellectual Property Appellate Board (IPAB).

Managing IP Correspondent, September 01 2014

Greece: Trade mark ruling shows lack of harmony

In a recent judgment, the Administrative Court of Appeals affirmed the Greek Trade Mark Commission's ruling that a trade mark application (word mark) Cardiometabolic Care is descriptive for goods and services in classes 5 (pharmaceutical products) and 44 (medicinal services) irrespective of the fact that the same application has been accepted for registration in some EU countries.

Managing IP Correspondent, September 01 2014

Romania: New Law on Employee Inventions

A new law related to service inventions (Law 83/2014) entered into force in Romania at the end of June 2014. In this context, it has become essential for the employer to have a full overview over the last two years of activity of its employee(s).

Managing IP Correspondent, September 01 2014

US Patents: New USPTO treatment of business methods

The US Supreme Court's unanimous June 19 ruling in Alice Corporation Pty, Ltd v CLS Bank International et al – that a computer-implemented method of reducing risk in financial transactions between two parties by employing a neutral intermediary is patent ineligible – is already affecting USPTO review of business method and software patents.

Managing IP Correspondent, September 01 2014

US Trade marks: Federal Circuit rules on trade mark pronunciation

The Federal Circuit issued a precedential decision this summer in the case StonCor Group, Inc v Specialty Coatings, Inc regarding the proper pronunciation of a trade mark that is not a recognised word. This decision is instructional for trade mark disputes involving marks that are uniquely coined terms.

Managing IP Correspondent, September 01 2014

Netherlands: Infringement ruling reveals harmonisation gap

Infringement under the doctrine of equivalents was the main subject of a recent decision of the District Court of The Hague in Bayer Pharma v Sandoz. Bayer owns a European patent which claims a two-step method for the production of the contraceptive drospirenon. This two-step method includes oxidation with a ruthenium salt as catalyst.

Managing IP Correspondent, September 01 2014

Utynam's Heirs

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam

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

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