Chocs away for registration of Cadbury’s purple

A senior hearing officer in the IPO rules on the registrability of a single colour [...]

Domain grabbing in Germany: limitations of trade mark protection and how to overcome them

Dr Lambert Pechan is an Attorney at Law and Partner of Weber & Sauberschwarz, Düsseldorf, Germany.
Trade mark rights alone do not guarantee effective protection against the phenomenon of domain grabbing.
The general right to a name under the [...]



Is a ‘red shoe sole’ a valid trade mark?

The US District Court denied Christian Louboutin’s claim for trade mark infringement and unfair competition against YSL’s marketing of shoe models with a red sole, ‘the red shoe sole’ being registered as Louboutin’s trade [...]

Patent term extensions for enantiomeric medicines: a global overview

Dr Christopher Hayes is a barrister, practising at Atlantic Chambers in Liverpool.
Patents claiming pharmaceutical substances may in certain circumstances benefit from a period of extension. The rationale behind this is that it often takes many years [...]

Protecting product shapes and features: beyond design and trade marks in Australia

In what has been described by Bodum’s lawyers as a landmark legal battle that is possibly the first of its kind in Australia, the Full Court of the Federal Court of Australia has found in favour of the Danish designer and manufacturer of coffee [...]



What is the standard of review for patent litigation in Canada?

Emir Aly Crowne is Associate Professor in the Faculty of Law at the University of Windsor. He is also a barrister and solicitor in Canada.
In Canada patents are administratively granted by the Commissioner of Patents. Yet administrative law [...]

The constitutionality of preventing "video piracy" through preventive detention in Indian states

Prashant Reddy, a graduate of the National Law School of India University, is an Advocate and contributor to the SpicyIP blog. Sai Vinod is a student at the West Bengal National University of Juridical Sciences, Kolkata.
Traditionally in India, [...]

Licence enforcement

James Wagner is a barrister and solicitor and Canadian trade mark agent, and runs “The IP Shop”.
Acquiring intellectual property provides an exclusionary property right, namely the right to prohibit others from engaging in infringing activity. Most [...]

Plant variety rights and breach of licence

Breaches of a licence concerning Community plant variety rights may qualify the plant material marketed by the licensee as material which infringes the licensor’s plant variety rights. Whether breach of contract qualifies as an infringement of the [...]

Supreme Court follows EPO Technical Board of Appeal: a sign of things to come?

The Supreme Court has upheld the industrial applicability of a biotech patent containing no experimental data and expressly followed the established jurisprudence of the EPO Boards of [...]