Mondaq.Com - feed of articles on Intellectual Property

United Kingdom: A Second Circuit Nod To Appropriation Art - Withers LLP

Sun, 19 May 2013 09:00:27 GMT

The United States Court of Appeals for the Second Circuit has recently issued a landmark decision in a closely-watched fair use copyright case.

Australia: 2012 Down Under – A sample of Interesting Cases for Brand Owners - Addisons

Sun, 19 May 2013 06:03:13 GMT

Parallel imports, overseas brands and registrability of building names came under scrutiny in Australian courts in 2012.

Australia: Fame of Purex Mark Counts against it in New Zealand Trade Mark Opposition - Corrs Chambers Westgarth

Sat, 18 May 2013 19:44:16 GMT

The fact that Pepscanz' PUREX mark is well known in New Zealand was held against it in this recent opposition decision.

Australia: Australian Customs – Raising the Bar on Copyright and Trade Mark Protection - Addisons

Sat, 18 May 2013 10:38:12 GMT

When dealing with seized goods, customs powers can now result in greater protection of trade mark and copyright rights.

United Kingdom: The Big Domain Name Shake-Up. Are You Prepared? - Dehns

Fri, 17 May 2013 16:27:22 GMT

The coming months are set to see the biggest ever shake-up of the internet domain name landscape.

South Africa: Tequila & Beer - Moore Attorneys

Fri, 17 May 2013 16:23:59 GMT

Trade mark law is essentially about preventing consumer confusion.

South Africa: Three Stripes - Moore Attorneys

Fri, 17 May 2013 16:23:34 GMT

A discussion relating to a case where Pepkor was accused of infringing Adidas's three-stripe trade mark registrations by selling four-stripe trainers.

Italy: Google Tutela Il Marchio Dalla Volgarizzazione - Callegari Martini Manna

Fri, 17 May 2013 13:46:29 GMT

Secondo quanto riportato dalla stampa svedese e internazionale, Google è recentemente dovuta intervenire a tutela del proprio marchio a fronte di una minaccia di volgarizzazione.

Canada: Supreme Court Declines To Hear Eli Lilly’s "Promise Of The Patent" Appeal - Bereskin & Parr LLP

Fri, 17 May 2013 11:41:52 GMT

The Supreme Court of Canada has recently denied leave to appeal today from the Federal Court of Appeal decision in Eli Lilly Canada Inc v Novopharm Ltd., 2012 FCA 232.

United States: The New Generic Top-Level Domains And The New Trademark Clearinghouse: Deciding Whether To Register Your Brands - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Fri, 17 May 2013 11:36:08 GMT

The Internet Corporation for Assigned Names and Numbers is the organization that oversees domain names worldwide, and it has began to accept new applications for expanding the number of generic top-level domains on the Internet.

Australia: The Federal Court warns publishers not to hide behind authors in obtaining permission to publish copyright material - Holding Redlich

Fri, 17 May 2013 06:23:45 GMT

A recent case highlighted the importance of publishers obtaining the proper permissions before publishing photographs.

Australia: Changes to divisional applications deadlines in Australia – is there a need for precautionary filings? - Shelston IP

Fri, 17 May 2013 05:53:06 GMT

Recent patent legislative changes introduced in Australia have changed the deadlines for filing divisional applications.

European Union: Red Bull v. Bulldog: Advocate General Clarifies Meaning Of "Due Cause" - Van Bael & Bellis

Fri, 17 May 2013 00:00:00 GMT

On 21 March 2013, Advocate General Kokott gave her opinion on a question sent to the Court of Justice of the European Union for a preliminary ruling on the "due cause" which may shield a third party from the accusation of illegitimate use of a reputable trade mark.

European Union: Court Of Justice Of European Union Dismisses Challenge By Italy And Spain Of Council Decision Authorising Enhanced Cooperation On EU Patent - Van Bael & Bellis

Fri, 17 May 2013 00:00:00 GMT

The Court of Justice of the European Union has recently handed down its judgment on challenges brought by Italy and Spain against an EU Council decision of 10 March 2011 to authorise enhanced cooperation on the EU patent.

Belgium: Antwerp Court Of Appeal: Simulcasting Digital/Analog Is Not New Communication - Van Bael & Bellis

Fri, 17 May 2013 00:00:00 GMT

On 4 February 2013, the Antwerp Court of Appeal partially upheld the judgment of the Court of First Instance of Mechelen holding that simulcasting does not amount to new cable distribution within the meaning of the Law on copyright and related rights of 30 June 1994 (the "Copyright Law").

Canada: Patent Exhaustion Does Not Allow A Purchaser To Make New Copies Of Patented Seeds - Fasken Martineau

Fri, 17 May 2013 00:00:00 GMT

In a concise unanimous decision, the Supreme Court of the United States has ruled in favor of Monsanto against a farmer who reproduced patented seeds by planting and harvesting second generation seeds without Monsanto's permission.

United Kingdom: The Patent Box Tax Regime - A Brief Insight Into Its Application - Charles Russell LLP

Thu, 16 May 2013 12:43:27 GMT

The Patent Box enables companies to apply a lower rate of Corporation Tax to profits earned after 1 April 2013 from its patented inventions and certain other innovations.

India: Patent Protection In India ?: Interim Injunction Refused For MSD’S Patent - Nishith Desai Associates

Thu, 16 May 2013 12:34:04 GMT

Delhi High Court has refused to grant an interim injunction in favor of Merck Sharp and Dohme against Glenmark Pharmaceuticals in relation to MSD’s Sitagliptin patent in India.

United States: Assignment Agreement That Failed To Specifically Address Right To Sue For Past Damages Held Insufficient On Summary Judgment; Summary Judgment Granted To Limit Damages To Period After Patent Was Acquired - Jeffer Mangels Butler & Mitch

Thu, 16 May 2013 12:29:25 GMT

Plaintiff Nano-Second Technology filed a patent infringement action against Dynaflex International, GForce Corporation, d/b/a/ DFX Sports & Fitness.

United States: Supreme Court Holds That Exhaustion Doctrine Does Not Permit Purchasers Of Patented Biotechnology To Make New Copies Of The Invention - WilmerHale

Thu, 16 May 2013 12:09:01 GMT

In a unanimous decision, the United States Supreme Court held that purchasers of soybeans containing patented biotechnology cannot plant them to produce a new crop without the permission of the patent holder.

South Africa: Issue 40 - The Stig - Moore Attorneys

Thu, 16 May 2013 11:59:52 GMT

A discussion focussing on the BBC's failure to stop Collins from spilling the beans about being the Stig of Top Gear in his biography.

South Africa: Issue 38 | Cell C - Moore Attorneys

Thu, 16 May 2013 11:59:46 GMT

Cell C's trade mark applications for its new logo have been refused, although these aren't final refusals and further steps are possible.

United States: Supreme Court Holds That Exhaustion Doctrine Does Not Permit Purchasers Of Patented Biotechnology To Make New Copies Of The Invention - WilmerHale

Thu, 16 May 2013 11:54:39 GMT

United States: En Banc Federal Circuit Issues Five Opinions In CLS Bank International v. Alice Corporation - McDermott Will & Emery

Thu, 16 May 2013 11:52:22 GMT

The long-awaited decision held that method, computer-readable medium and system claims for technology related to "the management of risk relating to specified, yet unknown, future events" were not directed to patentable subject matter under 35 U.S.C. § 101.

United Kingdom: Clinical Trials To Be Exempt From Patent Infringement - Charles Russell LLP

Thu, 16 May 2013 11:14:08 GMT

Following publication of the results of the Intellectual Property Office’s consultation on the subject, the Government has announced that the Patents Act shall be amended.