Intellectual Property:Trade Mark Infringement - Pharmaceutical Product - Exhaustion of Rights

In the case of Bolton Pharmaceutical Co 100 Limited -v- Swinghope Limited and Others [2005], the claimant was the new owner of a trade mark registered in respect of a pharmaceutical product which was commonly used to treat hypertension. It acquired the product from AZ, another pharmaceutical company, in September 2004, who had previously sold its trade mark rights to a Spanish company.

Intellectual Property: Design - Spare Parts

In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions.

The Verve Intellectual Property Case: A Bittersweet Example

Intellectual property's tentacles are long and strong. Maybe the largest battlefield in IP is the music industry. Composer, producers, interpreters and license owners might get unexpectedly involved in legal battles regarding the misuse or abuse of a song of their property. Sometimes it is just something as little as a sample of the song but are legal frictions can deal with millions and millions of dollars.

Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design

One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It's also a good idea to get a notebook that it's also difficult and noticeable if any pages are removed.

Trademarks: When and How to Search and File Trademark Applications

A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others.

Intellectual Property

Over the course of humanity, every discovery has yielded more questions as we continue to explore new territory. As we continue to explore the frontier known as cyberspace, and discover new ways to use the medium, we are opened up to more ethical dilemmas and questions. Intellectual property has always been a thorny issue.

Media Law – Music Copyright – ISP’s Liability for File Sharing

A Coalition of music industry bodies, including the MCPRS Alliance and the Association of Independent Music, is lobbying to have intellectual property law amended to allow Internet Service Providers (ISPs) to be sued for allowing illegal file-sharing on their networks. Commentators have said that their efforts are misguided and commercially impractical. Currently, ISP’s are not required to police the content of their networks much in the same way that telephone companies are not liable for obscene calls.

Patent Map Generation and Reading

Patent Mapping a way to visualize patent mining results that involves clustering or otherwise orienting patent data on a page so that there is meaning in the spatial relationships among the data points. Patent Landscape: graphical representation of how large numbers of patents relate to each other based on keywords, citations, or patent classifications. It is useful in identify trends, determine patent gaps and opportunities, and design around competitors' patents.

Intellectual Property – Ground Breaking Decision – Patents – Business Methods – Computer Programs

A ground-breaking decision was delivered by the Court of Appeal in the cases of Aerotel Ltd v Telco Holdings Ltd (and others) [2006] and Macrossan’s Application [2006] on 27 October 2006. This important decision means that there is now a new method by which patent examiners will assess whether or not an invention is patentable. The decision is especially relevant to those wishing to patent ‘business methods’ or ‘computer programs’.

Selecting Business Names and Intellectual Property Law

An information technology & intellectual property lawyer steps through some common provisions of software license agreements and software development contracts. Includes explanations of the purpose and effect of particular clauses in software and technology contracts.

Protecting Your Intellectual Property (IP)

Intellectual Property (IP), in the literal sense, refers to the property of one’s intellect or mind. In terms of business, it is defined as one’s proprietary knowledge.

Intellectual-Property - We Should Know The Scope And Nature

The scope and nature of Intellectual property has expanded. Software and database need protection. Laws vary from jurisdiction to jurisdiction. WTO and TRIPS enabled laws to harmonise the situation.

Trade Secrets Experts - Two Circuits, Two Outcomes

Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial. Taken together, the two cases shed light on the allowable boundaries for expert testimony in trade secrets litigation

Medical Device Industry Patent Litigation Likely to Rise?

Can patent lawsuits in the medical device industry be forecast? Recent studies suggest that certain features of patent applications themselves tend to correlate with a higher chance that some patents will end up in court. Innovation is at the heart of the medical device industry. As with many industries, if you are not constantly working to bring new products and technology to the market, there is a good chance you will not survive.

When Does Copyright Expire On My Music?

The expiration date on your copyrighted music isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you.