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Recent changes to Singapore patent law have created what some have called the “most complicated patent timelines of any country in the world.” However, in addition to the amended calendar, substantive requirements have also been introduced which put tremendous onus on the applicant to ensure that the patent is valid and all procedural requirements are […]
In a much-watched case, the Supreme Court in MedImmune Inc. v. Genentech Inc., 2007 DJDAR 348 (Jan. 9), recently reversed the U.S. Court of Appeals for the Federal Circuit and held that a federal district court had subject-matter jurisdiction under the Declaratory Judgment Act to hear a suit brought by patent licensee MedImmune against Genentech […]
In the fourth quarter of 2005, the Department of Intellectual Property in Thailand implemented new regulations for recording well-known marks. According to the regulations, a well-known mark can be recorded if it meets all of the following criteria: it is a trademark, service mark, certification mark, collective mark or a mark used in respect of […]
U.S. District Court in Ohio recently found that use of a competitor’s mark as a metatag on a Web site creates “initial interest confusion,” thereby subjecting the defendant to liability for the metatag use. In Tdata v. Aircraft Technical Publishers, use of ATP’s trademark in metatag data in software developed by Tdata that draws potential […]
In August 2005, President Bush signed the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) into law. The other member countries, Guatemala, Honduras, El Salvador and Nicaragua, have approved the DR-CAFTA, and the treaty is awaiting approval by the parliament of Costa Rica. The DRCAFTA covers many issues including agriculture, investment, trade in services, the environment […]
The duty of disclosure for patent applicants in Japan differs from the U.S. requirement. In Japan, it is not necessary to submit known prior art. In applications whose filing dates are before Sept. 1, 2002, applicable Japanese law does not require the submission of any prior art, since there is no duty of candor in […]
The U.S. Supreme Court recently held that a patent owner is presumed not to have market power for purposes of the federal antitrust laws. In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court held that courts may no longer presume that a patent owner accused of an unlawful tying arrangement has market […]
In places like Canal Street in New York City, where peddlers sell their wares from racks and stalls that can be packed up and moved quickly, trading in counterfeit handbags, watches, compact discs and DVDs is commonplace. In such environments, the peddlers often change and move from place to place, frustrating the enforcement efforts of […]
The U.S. Copyright Office has published an interim regulation governing the preregistration of unpublished works being prepared for commercial distribution in classes of works that the Register of Copyrights has determined have had a history of prerelease infringement. Preregistration is a new procedure in the Copyright Office to serve as a placeholder for limited purposes, […]
