MIP Search | Managing Intellectual Property

A busy year in Europe's courts

Jeremy Phillips reviews the most important and interesting cases from courts in the EU member states during the past year, and examines what lessons trade mark owners can learn from them

Managing IP Correspondent, April 30 2004

Europe's new law on trade mark infringement

In a string of important decisions, the ECJ has provided rights owners with a comprehensive guide to what constitutes trade mark infringement in Europe. Ilanah Simon examines the key cases from the past year

Managing IP Correspondent, April 30 2004

Maxis wins injunction in passing off case

In a recent Malaysian decision, Maxis Sdn Bhd v Suruhanjaya Syarikat Malaysia & Ors [2004] 2 MLJ 84, the Maxis Group of companies (the applicant) successfully obtained an interim injunction against Maxis Sdn Bhd & 4 others (the defendants) over their use of the name Maxis.

Managing IP Correspondent, April 30 2004

How to handle the cut-off effect

The so-called cut-off effect is an important feature of EPO opposition proceedings. Reinhardt Schuster and Bernd Rupprecht explain what the cut-off effect is, and how patentees and opponents can use it to their advantage

Managing IP Correspondent, April 30 2004

Rules on comparative advertising

A comparative advertisement can have an active merchandising effect for one entity but at the same time can create negative consumers' opinions in respect of its competitors. Thus, regulation of comparative advertising should be strict and understandable for every player in the market.

Managing IP Correspondent, April 30 2004

Europe cracks down on pirates

The controversial draft intellectual property rights enforcement directive - aimed at preventing piracy and counterfeiting in the EU - is set to become law. Michael Knapper asks whether the amended directive has lost its bite

Managing IP Correspondent, April 30 2004

High Court hearings promise bigger damages in India

Emma Barraclough, Hong Kong

Managing IP Correspondent, April 30 2004

Debate: Striking a balance in trade mark protection

Has trade mark protection gone too far? Are brand owners too aggressive in pursuing broad-based claims against non-competitors? MIP asked two distinguished analysts to debate the role of trade marks in society. Tom Moore, who has reservations about the use of trade mark rights, opens the correspondence, and Bruce Lehman responds

Managing IP Correspondent, April 30 2004

The question of contributory infringement

The subject of contributory infringement is very relevant in France at the present time: the growth of generic drugs companies, and their desire to start marketing generic drugs as soon as the patent expires, requires months of preparation before patent expiry. But how far can they go? Can they prepare chemical intermediates ? Can they stock the product? What are big pharma's rights versus those of generic manufacturers?

Managing IP Correspondent, April 30 2004

Managing the growth of software

The software and computer industries are growing rapidly in India. Ameet Datta, Keshav S Dhakad and Azad Virk of Anand & Anand in New Delhi examine how the legal framework protects innovation and tackles piracy

Managing IP Correspondent, March 31 2004

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