NOPR Collection:

The Differing Protective Scope of Registered Trade Marks in Europe

2016-05-01T00:00:00Z

Title: The Differing Protective Scope of Registered Trade Marks in Europe Authors: Cook, Trevor Abstract: The recent revision of the EU trademark regime has extended in certain limited respects the protection conferred by registered trademarks in Europe, whether these be national or European Union trademarks, in terms of the types of activity in respect of which such trademarks can be asserted. Such revision has not however changed the law as to the protective scope of such registered trademarks, which has been developed over the years by the Court of Justice of the European Union. Such case law as to protective scope as it has developed affects not only the scope of the right as against potential infringers but also as against subsequent applicants for similar registered trademarks. This article reviews the history of such case law, including a recent decision of the Court of Justice which shows the broad potential protective scope of a registered European Union trademark and in particular how it can benefit in an EU Member State where it has little or no reputation from the extended scope of protection that is afforded a mark with a reputation deriving from its status in another EU Member State. Page(s): 180-183

Legal Nature and Protection of Domain Names with Emphasis on Iranian Law

2016-05-01T00:00:00Z

Title: Legal Nature and Protection of Domain Names with Emphasis on Iranian Law Authors: Bakhtiarvand, Mostafa Abstract: One of the main questions about domain names is whether they are property rights and therefore governed by property rules or contractual rights to which the general rules of contract law apply? In Iran, domain names may be simultaneously, property and contractual rights. Domain names may be intellectual property at the same time e.g. where they are registered as trademark but this does not mean that they are intellectual property in themselves. IRNIC, the .ir ccTLD manager in Iran, has adopted a number of documents to regulate.ir domain names. The gTLD domain holders must respect the ICANN rules. However, it is recommended that the Iranian legislator passes a specific law to deal with all aspects of domain names. Page(s): 166-174

Patents Protecting Biologics or Small Molecule Drugs are Litigated, not Others Awarded to Drug Discovery Companies

2016-05-01T00:00:00Z

Title: Patents Protecting Biologics or Small Molecule Drugs are Litigated, not Others Awarded to Drug Discovery Companies Authors: Mehrotra, Bagish; Saberwal, Gayatri Abstract: Assuming that litigated patents are valuable, the incidence of litigation for patents protecting biologics (146 patents), small molecules (1822) or issued to drug-discovery companies per se (1929) was examined. This was done by accessing the litigation database of the company MaxVal Group Inc. (20%) of those protecting biologics, 40% protecting small molecules and 1% of those issued to the companies were litigated (although only 0.3% of those issued to companies that do not protect biologics or small molecules). The average time between the grant of a patent and its first litigation was 15.7, 7.8 and 2.7 (2.0) years respectively. Thus, the relevant patents of this study were litigated much later than the average litigated patent. Each litigated patent was litigated 1.7, 5.6 and 2.4 (1.0) times respectively. In each category, most litigants were companies, with very few litigations involving academic institutions or the USPTO, and no non-profit organizations. These results should be of interest to drug-discovery companies, to those who fund or acquire such companies and to non-profit drug-discovery centres. Page(s): 149-156

Protecting Smell Marks: Breaking Conventionality

2016-05-01T00:00:00Z

Title: Protecting Smell Marks: Breaking Conventionality Authors: Kumar, Abhijeet Abstract: In today’s era, there are examples of many Fortune 500 companies’, products and services of, which directly market their business upon different senses of its consumers, such as smell, taste, sound etc. Smell, one of such senses, has always been one of the strongest which individuals have relied upon in their day-to-day activities. Studies have shown how a particular smell can trigger one’s memory, affect one’s mood and of course make companies, like Chanel, earn millions. Traditionally, trademark has been affiliated to words, names, symbols or any other sign used for identification of goods and services provided by the manufacturer, which had restricted the provision of protection to goods and services to brand name and logo and not on the specific products. Though the arguments on this issue started in 1980’s only, it is still one of the least discussed aspects of IP in many jurisdictions. Due to the advancement of technology and development of jurisprudence, trademark offices and courts of different jurisdiction have started grating protections to a distinguishable smell/odour which can be represented graphically, in order to determine origin of goods and services. Through this paper the author has analysed the basic science of how a ‘smell’ can be distinguished from another and thus qualifies as a subject matter of protection. Further, the paper also focuses to examine the development of law in regard to protection of smell mark in various jurisdictions and few suggestions have been provided after analysis, which could be adopted by Indian TMO. Page(s): 129-139