MIP Search | Managing Intellectual Property

Using identical marks for the same goods

The Mexican Law of Industrial Property (LIP) recognizes as a source of rights to use a trade mark registration and a bona fide use prior to a filing date of a particular trade mark registration for the same or similar trade mark or prior to the date of first use mentioned by the registrant in the application papers.

Managing IP Correspondent, November 01, 1999

Europe's patchwork patent enforcement

Despite the existence of the European patent, there is little cohesion between countries when it comes to enforcing or challenging patent rights.

Managing IP Correspondent, November 01, 1999

Seashells and shape registrations

Shape trade marks are registrable in Australia by virtue of the Trade Marks Act 1995. As yet there is little case law on the subject but a recent decision of the Australian Trade Marks Office, Re Chocolaterie Guylian NV, gives an insight into considerations that will be made during examination of applications for registration of shape trade marks.

Managing IP Correspondent, November 01, 1999

Franchising in Malaysia

Malaysia passed and gazetted the Franchise Act in December 1998 and it is expected to come into force in the near future. Once in force, the Franchise Act 1998 will apply throughout Malaysia to any franchise in Malaysia. At present, there is no franchise legislation and the franchise industry is supervised by the franchise division of the Malaysian government under the purview of the Ministry of Entrepreneur Development.

Managing IP Correspondent, November 01, 1999

Rulings construe claim portions out of context

Federal Circuit claim construction rulings with interesting aspects continue to emerge. Among the most recent ones worthy of note are two which demonstrate a worrisome trend on the part of at least some Federal Circuit judges to focus upon specific claim language rather than determining what the whole claim means.

Managing IP Correspondent, November 01, 1999

Certification marks

According to Law No 84/1998 on Trade Marks and Geographical Indications, a mark of certification is a mark indicating the fact that the products or services for which it is used are certificated by the owner of the mark concerning quality, material, the way of manufacturing of products or services carried out, accuracy or other characteristics.

Managing IP Correspondent, November 01, 1999

News in Brief

People, Laws and Courts

Managing IP Correspondent, November 01, 1999

Visa wins landmark trade mark case

In a recent decision of the appeals division of the Trade Mark Registry, the proprietor of a well known trade mark has for the first time since the introduction of the Trade Marks Act 1994 (TMA 1994) succeeded in preventing a third party from registering the same name for a completely different product.

Managing IP Correspondent, November 01, 1999

Telecoms company targeted

The Philippines is about to get its first taste of domain name litigation. On September 27, the Philippine Long Distance Telephone Company (PLDT) sued Gerry Kaimo and the Philippine League for Democratic Communications (PLDTI) to secure ownership of the pldt.com domain name

Managing IP Correspondent, November 01, 1999

Co-branding comes of age

Organizations from retailers to charities are continually looking for new ways to exploit their brands.

Managing IP Correspondent, November 01, 1999

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