MIP Search | Managing Intellectual Property

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

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

Germany: Court addresses patent claim clarity

In two notable judgements, the German Federal Patent Court has resolved questions concerning the assessment of patent claim clarity before the German Patent Office.

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

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