Mondaq.Com - feed of articles on Intellectual Property

United Kingdom: Pharmaceutical Sector Inquiry - The Commission Backs Off - CMS Cameron McKenna LLP

Fri, 10 Jul 2009 00:00:00 GMT

After an 18 month investigation the European Commission today published its final report in the pharmaceutical sector inquiry.

Canada: Ensuring Protection Of Intellectual Property Rights — Canadian Intellectual Property Council Calls For Reforms - McCarthy Tétrault LLP

Fri, 10 Jul 2009 00:00:00 GMT

The Canadian Intellectual Property Council recently released a report entitled "A Time for Change: Toward a New Era for Intellectual Property Rights in Canada".

Germany: Recent Case Law Of The European Court Of Justice And The European Court Of First Instance In Trade-Mark Matters - Reed Smith

Thu, 09 Jul 2009 11:47:40 GMT

On May 2, 2009, the European Court of First Instance had to decide on the registrability of three-dimensional trademarks in two cases.

United Kingdom: IP Snapshot - July 2009 - CMS Cameron McKenna LLP

Thu, 09 Jul 2009 00:00:00 GMT

In invalidity proceedings a request to prove use was properly made by the registered trade mark owner in the course of making observations to OHIM, to which the applicant for invalidity responded with evidence of use.

United States: Has The Law Of Fair Use Caught Up With Keyword Litigation? - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Thu, 09 Jul 2009 00:00:00 GMT

Is using someone else's trademark in search-engine advertising-either as part of the keyword that triggers the ad or the ad itself-infringement?

United States: What Trademark Lawyers Need To Know About The Supreme Court's Patent Jurisprudence—The Effect Of Medimmune And eBay On Trademark Litigation - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Thu, 09 Jul 2009 00:00:00 GMT

Many trademark lawyers practice only trademark law. Although some also dabble in copyright law, many do not also practice patent law.

United Kingdom: Patents - Practice And Procedure - Beck Greener

Thu, 09 Jul 2009 00:00:00 GMT

Patents provide protection for inventions, and in particular provide a right to prevent third parties making, using, selling, or otherwise commercially exploiting the invention which is defined by the claims of the patent.

United Kingdom: Government Sets Out Plans To Tackle File-Sharing In New Consultation - CMS Cameron McKenna LLP

Thu, 09 Jul 2009 00:00:00 GMT

One of the central issues addressed in the government’s recent Digital Britain report was how to protect the creative industries in the UK, and in particular how to tackle Peer-to-Peer (P2P) file-sharing.

United States: Mark My Words - TroyGould

Wed, 08 Jul 2009 17:27:49 GMT

While single-work titles may not be federally registered, other legal strategies are available to protect a movie title.

United States: Trademark Protection And Facebook User Names - TroyGould

Wed, 08 Jul 2009 17:26:48 GMT

You probably already know that registering domain names corresponding to your marks gives you important practical protection. Now Facebook has entered the equation. Users are now able to register a Facebook user name on a first-come, first-served basis.

Germany: Right To Inspection - Reed Smith

Wed, 08 Jul 2009 09:00:06 GMT

In order to increase efficiency, the right to seek inspection according to Sec. 140c of the German Patent Act (PatG) is normally enforced by means of a preliminary court order.

Australia: Well Versed In Copyright Law: Court Makes Vineyard Pay For Its Robust Breaches - Gadens Lawyers

Wed, 08 Jul 2009 00:00:00 GMT

In 1999, Australia’s premier flautist, Jane Rutter, entered into a marketing arrangement with a Margaret River wine producer, Brookland Valley.

United States: Combine And Conquer: How The Synthesis Of Design Patent And Trade Dress Achieve Maximum Protection For Your Product Design - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Wed, 08 Jul 2009 00:00:00 GMT

Have you ever been frustrated with free-riders? Let's look at a simple example. You are a General Counsel at a luxury fashion house.

United States: Newsletter For Leaders In The Medical Device Industry - June 2009 - Foley & Lardner

Tue, 07 Jul 2009 00:00:00 GMT

In difficult financial times, IP presents a special challenge. The need to decrease IP expenses tugs at one shirtsleeve of corporate counsel, who expect a 4.3 percent cut in IP budgets in 2009.

Australia: Australian Trade Marks: Are Beer And Wine The Same? - Madderns Patent & Trade Mark Attorneys

Tue, 07 Jul 2009 00:00:00 GMT

In the recent decision of E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] FCAFC 27, the Full Federal Court found that the conduct of Lion Nathan in selling in the Australian market a specialty beer under the trade mark BAREFOOT RADLER constituted infringement of an Australian registered trade mark BAREFOOT, in the name of Gallo, in class 33 for "wines".

United States: Protecting Your Trademark From Facebook Username Abuse - Morrison & Foerster LLP

Mon, 06 Jul 2009 09:00:09 GMT

Facebook, Inc., the popular social networking website company, announced on Tuesday, June 9, 2009, that beginning on Saturday, June 13, at 12:01 a.m. U.S. EDT, Facebook users will be able to choose customized usernames on a first-come, first-served basis for profiles and other Facebook pages.

Australia: Registered Designs: An Illuminating Case! - Madderns Patent & Trade Mark Attorneys

Mon, 06 Jul 2009 00:00:00 GMT

Australian design registrations provide exclusive rights in the appearance of a product. While popular, the system has been criticised for the somewhat limited scope of the protection provided to the design owner.

United States: Incontestable Newsletter - June 2009 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Sun, 05 Jul 2009 09:00:09 GMT

Plaintiff alleged that its direct competitor contacted members of plaintiff's alliance of accounting firms and used plantiff's name in connection with marketing efforts targeted to member firms.

Latvia: Concept Of Property And Intellectual Property In Latvia - Part 2 - Rozenfelds & Partners

Fri, 03 Jul 2009 11:45:54 GMT

The article deals with the main development stages of the intellectual property in Latvia.

Latvia: Concept Of Property And Intellectual Property In Latvia - Part 1 - Rozenfelds & Partners

Fri, 03 Jul 2009 11:45:33 GMT

The article deals with the main development stages of the intellectual property in Latvia.

Turkey: Importance Of Professional Associations’ Merger (Joining) Under The Roof Of Federation - Kocali Law Office

Fri, 03 Jul 2009 11:31:45 GMT

At the point reached today it is realized that great and utmost efforts must be exercised for ensuring that Professional Associations should take much more effective role in the protection of property rights of Owners of the Works of Art and related Right Holders.

Mexico: The Annuity Payment System In Mexico - Becerril Coca & Becerril

Fri, 03 Jul 2009 00:00:00 GMT

In accordance with the Mexican Patent and Trademark Law in Mexico, in order to maintain patent, industrial design, and utility model registrations in force through their life terms, the payment of maintenance fees is necessary.

United Kingdom: HMRC Announce New Customs Seizure Procedures For Goods Detained From Friday 3 July 2009 - CMS Cameron McKenna LLP

Fri, 03 Jul 2009 00:00:00 GMT

HMRC have announced new procedures for dealing with the detention and seizure of goods suspected of infringing intellectual property rights (IPRs).

India: “Res Ipsa Loquitor” Revisited In Awarding Injunction To “Diamond” TM - LEX ORBIS

Fri, 03 Jul 2009 00:00:00 GMT

"Res ipsa loquitur" is a legal term from Latin meaning, "the thing itself speaks". Being significantly applied in tort law, the principle first found place in the 1863 English case of Byrne v. Boadle.

Australia: Google’s Trade Mark Policy Update - Swaab Attorneys

Thu, 02 Jul 2009 09:00:07 GMT

Google AdWords, the auction-based program where advertisers bid on search terms to place text ads alongside search results, has been the subject of controversy and litigation around the world.