Buying A Website – Problems With Intellectual Property
Posted on April 18, 2008 - Filed Under Legal and Law | Leave a Comment
There are many ways to make money online including buying another website that may be a competitor or compliment to yours. When doing so, you need to watch out for IP problems.
The creation of a web business tends to be a herky-jerky event. Things can go full blast for a few months, sit gathering dust for a year and then get rolling again. This can lead to a certain lack of organization in the business. In particular, it can lead to nightmares with intellectual property.
Read More..>>Landmark Ruling In Trade Mark Case - Test For Invalidity
Posted on March 24, 2008 - Filed Under Legal and Law | Leave a Comment
In Special Effects Limited v L’Oreal & International Trademark Association (Intervener) [2007] EWCA Civ 1, the Court of Appeal overturned the decision of the Chancery Division of the High Court. The case concerned an opposition to a trade mark registration. The Court in the first instance held that there was no relevant difference between the practice and procedure of the Trade Mark Registry in opposition proceedings under s 38(2) of the Trade Marks Act 1994 and invalidity proceedings under s 47(1) of the Act. The issues in dispute in the two sets of proceedings were identical.
First Instance Decision
Read More..>>Intellectual Property, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical
Posted on March 15, 2008 - Filed Under Legal and Law | Leave a Comment
In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the claimants made an application for an interim injunction to prevent the marketing and distribution of a drug which they claimed infringed their patent. The claimant companies were in the business of manufacturing and researching pharmaceutical products. The first claimant was the second largest French pharmaceutical company worldwide, and the second claimant was a wholly owned subsidiary that marketed and researched such products within the UK.
The defendants were members of a group of companies involved in the sale and distribution of a large number of generic pharmaceutical products worldwide.
Read More..>>Intellectual Property Law - Trade Mark Infringement - What Is The Overall Impression?
Posted on March 14, 2008 - Filed Under Legal and Law | Leave a Comment
The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: ‘(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark’.
Read More..>>Five Key Questions About Ip Help Increase Market Value And Improve Bottom Line Results
Posted on March 1, 2008 - Filed Under Legal and Law | Leave a Comment
Intellectual assets are critical to business success in today’s global market.
If you are a CEO, CFO, GC or other business leader, asking questions about these assets will help you to bring added value to your company.
Failure to consider these issues yields adverse business consequences, including unrealized value, unnecessary expense and legal risk.
Routine attention to intellectual asset management can avoid these consequences, yet many businesses miss this opportunity simply for lack of knowledge and attention.
Intellectual Assets
What are intellectual assets? Essentially these encompass all of the intangible assets of an enterprise.
Read More..>>Intellectual Property:trade Mark Infringement - Pharmaceutical Product - Exhaustion Of Rights
Posted on March 1, 2008 - Filed Under Legal and Law | Leave a Comment
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.
The claimant acquired the trade mark in the United Kingdom, and later realised that the product was being imported into the UK by certain third parties, including the defendant, and bearing its trade mark. They had not sought the claimant’s consent and the claimant therefore commenced proceedings alleging that the defendants were illegally impinging on its market and as a result, they were causing the claimant ‘harm’. The claimant applied for summary judgment.
Read More..>>Faqs - Licensing Intellectual Property (ip)
Posted on January 15, 2008 - Filed Under Legal and Law | Leave a Comment
Licensing is a key business strategy. It’s a way to maximize the earnings from inventions and creative works, which are called intellectual property or “IP.”.
What is licensing?
Licensing is when you grant some rights to intellectucal property “IP” that you own. It is really a partnership of mutual cooperation between the licensor, who owns the IP, and the licensee, who is given the right to use it for certain purposes.
Question: What are royalties?
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