Archive >> April 2008

A few days ago, from Mr Nikki Tait in FT.com:
"[...] Efforts to break the logjam over a so-called 'community patent' - a single intellectual property right which would give a holder protection in all 27 EU countries - have gathered pace in recent months and are being pursued by the current Slovenian presidency. [...] The last effort to launch a community patent had to be abandoned in 2003, because countries were unable to agree on a language regime for the new IP right. But under proposals being hammered out in Brussels, officials hope to offer countries the option of machine-based translation, which could convert a patent into all 23 official EU languages for minimal cost in a matter of minutes. Officials say that this would cost only a few million euros to set up, and allow equal

I'm reposting today's Russian Patents Blog topic.

We've been gathering data for our very own inhouse database of trade mark applications filed with Russian Patent Office, and while doing manual double checking of all entries for consistency, I've been making notes of trade marks which catched my attention - these being mostly by foreign applicants and attempts to infringe on well known marks (these will be subject of my next post).

I'm not making it a point to post here a scientifically precise data :), so I do not have handy start-end date of the data range processed - roughly, it was 2 month period of 2008 (February-March).

As always, the leader is United States of America - US companies filed registration of 87 marks.

OK, let's see...companies which already have strong presence in Russia


The USPTO and the European Patent Office (EPO) issued a press release in which they announced on a new Patent Prosecution Highway pilot program between the two patent offices.

 

The new trial program will be launched in September 2008.

 

Per the press release from the EPO:

"The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants to obtain corresponding patents faster and more efficiently. It also will permit each office to exploit the work previously done by the other office and reduce duplication. In turn the initiative will reduce examination workload and improve patent quality

 

 

Under the Patent Prosecution Highway, an applicant whose application filed with either the EPO or the USPTO


 

In an Israeli civil wrong lawsuit an Internet forum operator (the defendant) had been accused of libel and was obliged to pay a reimbursement of 100,000 NIS (~29,000$) to the plaintiff, a municipal veterinarian.

According to the Israeli Magistrates Court, the Internet forum owner injured the reputation and status of the plaintiff in the community by giving stage to different offensive defamations which ascribed the plaintiff deeds of corruptions and bride.

The court held that the defendant is responsible in virtue of its capacity as an Internet forum operator and accused her of being negligent for allowing the defaming publications and not removing them from its website.

In its decision the court took in to consideration the scope of those injuring publications as well as the long period


 

In two different cases a Courthouse in China ruled in favor of two big Italian corporations: the famous prestige brand manufacturer "Gucci" and   the confectionery producer, "Ferrero Rocher",  and set a high fine on two local Chinese manufactures that copied some of the products those companies manufacture. 

Ferrero Rocher spokesman, Alessandro Cagli, said to the china daily that this is an encouraging step and that they will inspect the enforcement of this decision closely.

In a country where cheap imitations can be found almost anywhere, the importance of those rulings becomes even more significant to IP owners.

This is another step China takes as part of its continuing progress trying to level up with the rest of the world in the field of IP protection.

Such decisions are certainly


Intellectual Property law is probably the most "international" field of law in the world. It requires that the practicing attorneys to be able to provide their clients counsel on various jurisdictions, and therefore, demands close and tight relationships with non-domestic associates.

I think it is one of the things that make IP one of the greatest specialties for attorneys. From time to time it is just great to leave the regular work and meet with friends on a good coctail reception.

 Which are the international organizations that an IP practitioner should consider joining if he is looking ? There are many, and I assume anyone has his own taste. I will name a few, and you are welcome to comment and suggest others.

 INTA (Since: 1878) - The International Trademark Association (INTA) is


Coming up - Relatip.com news!

Posted by: Zeev Fisher in Relatip on

Next week, Relatip.com is expected to enjoy substantial improvements.

The site will come up with a completely new and much more friendly design!

An emphesize will be given to the social part of the site, and not just the blogs.

A new member search engine will be added.

The blogs system will be replaced to a much more friendly system. Of course, all current posts will remain.

A directory of patent attorney firms will be added.

A brand new forums system will be installed, and will already be used to start planning the trip to INTA Berlin.

The events system will be updgraded.

We hope you will enjoy the new site!


First User of a Trade Mark in Malaysia has priority!

Posted by: Brian Law in Untagged  on

First User of a Trade Mark in Malaysia has priority.

In Meidi (M) Sdn Bhd v Meidi-ya Co Ltd, Japan & Anor [2008] 1 CLJ 46 , the appellant was a Malaysian company engaged in the manufacture, sale and distribution of bread, cakes and other confectionaries since late 1986.The first respondent was a Japanese company (established in 1885) involved in a variety of businesses including the manufacturing and sale of biscuits, cakes, pastries and other food products. The second respondent, incorporated in Malaysia on 23 November 1987, was a subsidiary of the first respondent.

The appellant, on 8 December 1986, applied to the Registrar of Trade Marks Malaysia to register


PRIORsmART engine and Russian patent search

Posted by: Dmitri Bender in Untagged  on

Today I came across Prior Smart meta-search engine which searches through number of patent sources - first I read about it at PIUG list and later spotted it mentioned by TechCrunch.

All in all, it's another nice attempt to make a specialized patent meta-search engine recently I've also seen Patent Bar toolbar and some kind of Squidoo lens to name just a few. While Prior Smart have its merits (e.g. I was able to easily locate IT patent of an italian inventor I've been in touch on regard of licensing patent in Russia lately), it certainly does have it's limitations, which have


A U.S. Federal Court has today decided that the USPTO is not authorized to limit the number of continuations available to an applicant or to cap the number of total claims in an application.

In granting Motions for Summary Judgment against the USPTO, the Federal Court has held that the USPTO’s recent proposed rules are improper extensions of USPTO authority.

This is a signifiant win for inventors filing in the United States.  Details on this significant development can be found on Dennis Crouch’s Patently-O by following this link.

Mike Kondoudis

Washington DC patent attorney


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