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16 November 2006
Patents
Trade Marks
Copyright
Counterfeiting
Geographical Indications
Technology Transfer
Patents
Canada
Supreme Court finds Apo-Omeprazole NOC valid
Apotex Inc. vs. AstraZeneca Ganada Inc. et al 2006 5CC 49
On November 3, 2006, the Supreme Court of Canada issued its decision, allowing Apotex's appeal of a Federal Court of Appeal decision that had quashed its notice of compliance (NOC) for Apo-Omeprazole(AstraZeneca v Minister of Health (2005 FCA 189)). The issue was whether Apotex was required to address two patents listed on the Patent Register in connection with AstraZeneca's Omeprazole capsules, LOSEC, which had been added to the Register after AstraZeneca had ceased marketing LOSEC in 1996. The Supreme Court decided that Apotex need not address the patents and the applications judge agreed. Click here for details>>
France
France : green light for London agreement at the first level
In September this year the French Constituent Council stated that introduction of the London Agreement is not in conflict with the French constitution. For the London Agreement to take effect, the Agreement has to be ratified by Germany, UK, France and five other EPC members. The London Agreement aims at reducing costs resulting from the requirement of an European patent to be translated to attain validity in the EPC states. Click here for details>>
Germany
Federal Supreme Court close to accept patentability of business methods?
Prepaid telephone calls - X ZR 214/01
The Federal Supreme Court announced a nullity decision relating to the question of which subject matter is patentable according to the European Patent Convention. A method solving the problem of how to enable prepaid telephone calls by means of public telephones without card readers was held to be patentable.Click here for details>>
Federal Supreme Court improves possibilities of patentee to collect evidence
Residual Pollutant Elimination - X ZR 114/03
In lawsuits concerning industrial property rights, the submission of documents may be ordered by the court, according to Section 142 German Civil Procedural Law, if the documents are suitable and necessary to clear up the facts and the submission of these documents is adequate, i.e. just and reasonable in view of an appreciation of the colliding concerns. For a court order/subpoena, it may be sufficient that a use of the IP right is likely.
Click here for details>>
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Trademark
Brazil
BPTO guarantees agility in the trademarks process
The fear for companies that had to wait 5 or 6 years to have its trademarks granted by the Brazilian Patent and Trademark Office - BPTO is close to the end. The BPTO President, Mr. Roberto Jaguaribe, guaranteed that in 2007, the trademark examiners will judge the trademark applications requested in 2006. Click here for details>>
United States of America
Google rescues important victory in trademark dispute
Rescuecom Corp. v. Google Inc.,[No. 5:04- CV-1055(NDNY Sept. 28, 2006)]
The federal district court for the northern district of New York, announced that Google is not liable for trademark infringement as a result of Google's ADWORDS keyword advertising program, in Rescuecom sued Google after Google not only sold but suggested, the RESCUECOM trademark to several competitors. The Court rejected the argument by Rescuecom Corp. that Google's ADWORDS program though not a conventional trademark use was nonetheless an actionable trademark use in commerce. Click here for details>>
When does form equal function?
Au-Tomotive Gold v. Volkswagon of America, No. 04-16174 (9 th Cir. August 11, 2006)
When it comes to trademark protection, the line between form and function isn't just an abstract philosophical question: purely aesthetic product features may be protected as trademarks, but functional product features may not. In determining whether a product feature is form or function, then, trademark protection depends upon the outcome. In August 2006, the 9 th Circuit Court of Appeals rejected a manufacturer's argument that a mark or logo should be deemed "functional" when that mark or logo is itself "the actual benefit that the consumer wishes to purchase."Click here for details>>
Copyrights
Australia
The importance of clear determinations of Intellectual Property ownership
Gold Peg International Pty Ltd. v. Kovan Engineering Pty Ltd.
In Gold Peg International Pty Ltd. v. Kovan Engineering (Aust) Pty Ltd.,the Federal Court held that Gold Peg is the owner of the copyright in drawings authored by Kovan. While the usual rule is that the creator of an artwork is the owner of that work, there can be exceptions. This case is an example of an exception and states that in order to avoid time consuming and costly litigation every effort must be made to ensure ownership of Intellectual property including ownership of future intellectual property. Click here for details>>
Netherlands
The right to fragrance-a copyright case in the Netherlands
The French company Lancôme sells an exclusive perfume named Trésor. The Ducth company Kecofa sells a perfume called Female Treasure at a considerably lower price. The Dutch court accepted Lancôme's argument that the actual scent of Trésor is protected by Copyright. The case was further referred to the Dutch Supreme court which decided that scents can in priciple be protected by copyright, however the court did not reach a decision as to whether Trésor was protected by copyright. Click here for details>>
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Counterfeiting
Argentina
Border measures - meeting of the World Customs Organization - Argentine situation
On September 14, 2006 the 24 th meeting of the WCO's Intellectual Property Rights Strategic Group was held in the offices of the World Customs Organization (WCO), in Brussels. Marval, O' Farrell and Mairal examine Argentina's Laws with regard to imports and exports and conclude that, implementation of Law No 25,986 of 2004, which prohibits the import or export of goods which could infringe trademark rights, would help prevent the entry into Argentina of counterfeit goods bearing false trademarks. Click here for details>>
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Geographical Indications
Greece
Greeks toast European Union ruling that ouzo belongs to them
Greece has won the right to call its trademark anise-flavored aperitif ouzo as an exclusively Greek product after negotiations with the European Union. Click here for details>>
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Technology Transfer
India
National Botanical Research Institute tech transfer to Alchemist
The National Botanical Research Institute of India has recently transferred four patented technologies to Alchemist Ltd. The Rs 1,500-crore company is likely to start production of the four nutraceutical products in November. Click here for details>>
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