Search results - found 57
EuropeLiability for internet host providers in the European Union: time for a reform? (Market intelligence)
While drafting the EU E-commerce Directive (2000/31/EC), the European Commission considered that one of the key elements for developing electronic commerce in Europe was the issue of service provider liability. For this reason the commission considered that the liability regime should be harmonised throughout the European Union. Therefore, Article 14(1) of this directive created a ‘safe haven’ regime under which providers of hosting, caching and mere conduit services cannot be held liable under certain conditions. Further, the directive clearly states that the providers of these services cannot be subject to any general monitoring obligation.
EuropeThe importance of Community designs for EU IP rights (Market intelligence)
Consumer goods are often distinguishable from other products as a result of their appearance or the appearance of their packaging, including shape, pattern, colour or any combination of these. This makes it possible for consumers to make a well-founded choice without having to compare the actual goods themselves.
EuropeIP rights enforcement through border measures (Market intelligence)
The customs authorities play an essential role in protecting the EU market from counterfeit goods. This chapter first considers the applicable EU rights protection framework, and then looks at how IP rights can be protected across the European Union through border measures.
EuropeWill the European Patent Court ever become reality? (Market intelligence)
Europe has a long and chequered history when it comes to patent law. Efforts to establish a single EU patent and a European Patent Court system have been ongoing for years. However, more recently, discussions have gained momentum and have even led to the adoption of a draft agreement on a European Patent Court by the Council of the European Union (March 2009), and some rather promising conclusions adopted by the council in December 2009. These are the results of years of intensive discussions among the (now 27) EU member states. However, a recent opinion of the advocates general takes the position that this system does not accord with the EU Treaty. This has seriously jeopardised the chances of creating a single EU patent and a uniform European Patent Court, since it is likely that the Court of Justice of the European Union (ECJ) will follow it.
EuropeEnforcing legal claims over manufacturing processes (Market intelligence)
A patent allows a patentee to prohibit others from commercially exploiting its invention, as defined by the patent claims. When a patentee wishes to exercise this right, it must first establish that the alleged infringer is in fact commercially exploiting a product or process that falls within the scope of protection. This may sound straightforward, but what if the alleged infringer is using an apparatus or a process in secret? In that case, the patentee can prove that a process is being used only by (illegally) acquiring access to the alleged infringer’s premises or by violating its trade secrets. Given this, what options are available for patentees to safeguard their rights?
EuropeDouble patenting at the European Double patenting at the European (Market intelligence)
Until recently, double patenting was considered so irrelevant and rare that neither the 1973 nor the 2000 version of the European Patent Convention (EPC) included any explicit provision on the matter. While double patenting has increased in relevance, case law on the subject from the European Patent Office (EPO) remains contradictory, with decisions diverging on fundamental principles. However, growing interest in the subject may soon lead to a referral to the EPO’s Enlarged Board of Appeal (EBA). This chapter offers some preliminary considerations on aspects that might require clarification by the EBA.
InternationalPatent pools and standards (Market intelligence)
Cooperation between patent holders with regard to the joint exploitation of their rights creates several problems and gives rise to a number of issues which are of great practical importance not only for the patentees, but even more so for third parties that wish to benefit from such cooperation, and for the public in general.
InternationalHow best to utilise the Madrid Protocol (Market intelligence)
International enterprises are often confronted with the question of how to obtain international protection for trademarks while keeping work and costs reasonable. In general, applying for single national trademarks in various countries is not the best way to proceed, as the time and effort spent over administration and the costs involved are disproportionately high. In most cases, an international registration is by far the most attractive option. This chapter discusses the system for international registrations, as well as the advantages and limitations of this system.
Patent protection for new uses of known drugs (Market intelligence)
“The most effective way to move from target identification to the clinic is to identify already approved drugs with the potential for activating or inhibiting unintended targets.” (S Dakshanamurthy et al, J Med Chem, 2012, 55(15), pp68326848.)
The competition/IP law nexus in Europe (Market intelligence)
The nexus between IP and competition law has become the focus of attention in Europe in recent months. In particular, in patent cases antitrust issues and competition law have become an important part of litigation and litigation strategy. As the guardian of free competition, the European Commission appears willing to take an increasing role in this context.
Key considerations in transnational patent litigation (Market intelligence)
Extortion or blackmail is a criminal act which is prosecuted in most countries. However, if an extortioner stays within the legal framework of specific acts, he or she can manipulate a competitor or assets owner into waiving potential claims and/or assets and prosecutors are unlikely to take notice.
Moving ever closer to the unitary patent (Market intelligence)
The chapter “A unitary patent: not if, but when” in IP Value 2012 considered the state of play concerning the proposed European unitary patent and concluded that it was just a matter of time before the final loose ends were brought together.
Naked licensing (Market intelligence)
The concept of ‘naked licensing’ can have an major impact on proprietary rights in a licensed trademark and the consequences can include the abandonment or relinquishment of rights and ineffective enforcement.
All change at ICANN: domain names enter a new era (Market intelligence)
The Internet has had a major impact on the way in which companies do business. It is an indispensable facility for companies and businesses to share information with customers and clients and to collate and collect feedback and opinions. Companies with a significant online presence, such as Amazon, Google, eBay, Yahoo! and Facebook, are among the most valuable and successful in the world.
Doing business through social media: much to gain, but a lot to lose (Market intelligence)
Most companies, whether multinational corporations or smaller entities, now recognise the benefits of social media in doing business. By revolutionising the way in which companies communicate with existing and potential customers, and by offering a means of interacting with consumers who could not be reached by traditional means, social media has become an indispensable tool for modern marketing.
Worldwide trademark protection: coverage versus costs (Market intelligence)
When it comes to international trademark protection, business people are rightfully concerned about two things. The first is having protection in countries where it is critical to safeguard the use of important marks; the second is paying thousands of dollars for protection in places where this cost is simply not justified. This chapter focuses on how to can make an intelligent determination of an appropriate level of protection and the considerations that go into that determination.
Key considerations in transnational patent litigation (Market intelligence)
At first glance, the issue of transnational patent litigation appears to be of interest only to patentees, who are interested in designing a strategy to make optimum use of their intellectual property and to enforce their rights. However, this topic is equally important from the perspective of a potential defendant. As part of a comprehensive strategy, companies must consider weaknesses and strengths which may be used to defend against attacks from patentees. This may include actions outside the jurisdiction where a patent case has been initiated. A controlled escalation of a dispute can help to put an end to the whole dispute much more quickly than proceeding through an extensive litigation process.
Milestones for improving the protection of SME innovations (Market intelligence)
Although there has been substantial progress in harmonising IP regimes both across the world (with the Patent Cooperation Treaty (PCT) (1970), the Agreement on Trade-Related Aspects of IP Rights (1994) and the Singapore Treaty on the Law of Trademarks (2004)) and in Europe (through the European Patent Convention, the Community trademark, the Community design and the EU IP Rights Enforcement Directive (2004/48/EC)), there is still a long way to go. Even once the proposed US patent reform and the long-awaited European patent have come into force, this is still likely to be the case.
A unitary patent: not if, but when (Market intelligence)
A unitary system providing patent protection throughout all EU member states has been the dream of many in the IP world for more than 50 years. Today, after many false starts and numerous changes, this goal appears to be within touching distance. Will it be realised, or is it a case of too little, too late? This chapter looks at past efforts to predict the consequences of change and at the implications that the arrival of a truly unified system would have on established systems and procedures.
EuropeUsing Community design rights to protect creativity (Market intelligence)
Historically, IP rights have been obtained and enforced nationally. However, economic cooperation and closer integration between EU member states have led to increasing harmonisation of national IP laws. The EU authorities have begun to develop a common approach towards IP rights throughout Europe. In addition, there are EU-level tools of protection, such as the Community trademark and the Community design, which allow rights holders to benefit from a single right enforceable in all EU member states, through one application and one administrative process.
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