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Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the extent that such products have been marketed by or with its consent. Exhaustion of rights marks the border between intellectual property rights and those of the buyer of a product or copy embodying the IP rights.

An intellectual property owner faces difficulties when trying to recover full damage compensation from an infringer in Korea due to three main reasons:

The problem of whether a claimed invention in relation to a selection invention is patentable may arise not only in the chemical, but also in many other fields.

Patent Ordinance

Sending rockets into space is not NASA’s only role, Robert Norwood, director of its commercial programmes division, tells Ralph Cunningham.

Car maker Porsche has taken action against no less than 130 Internet domain names using its trade marks in an in rem suit.

Following its judgment in the Hermes case, the European Court of Justice (ECJ) is again being requested to pass judgment on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In the Hermes case (case C-63/96), the ECJ had to judge whether the term provisional measures, as used in Article 50, Paragraph 6 of the TRIPS Agreement, also applies to Dutch interim injunction proceedings. Article 50, Paragraph 6 stipulates that a provisional measure must be followed by proceedings leading to a decision on the merits of the case, and the Dutch court had asked the European Court for a ruling as to whether Dutch interim injunction proceedings (kort geding) could be regarded as a provisional measure. The European Court affirmed that such was the case.

There are signs that Virginia’s eastern district, known since 1990 as the rocket docket, has taken on more than it can chew.

Rights owners are becoming increasingly creative in the exploitation of their intellectual property rights.

The new Trade Marks Act came into force in January this year, bringing with it key changes for brand owners.