... registering it as a company name. This article examines the new provisions found in Part 5 of the Companies Act 2006 as well as the Company Names Adjudicator Rules 2008 which relate to this new right. Key points This article explores the background to this new right to object. It also examines in detail...

... imports is no longer merely a theoretical possibility. This article reviews the development of English case law on implied consent and the circumstances in which the English courts would be likely to consider that it had been granted. Practical significance In light of recent court decisions...

... and the legal mechanisms by which those disputes may legitimately be resolved. The number of decisions generated each year is so vast that it is not feasible even for the interested and conscientious patent practitioner to read them all. This article provides an overview of evolving European Patent Office law...

... indications (GIs) for the protection of traditional knowledge (TK), vis-à-vis other modes such as patents, copyright, and trade mark. It considers special difficulties like collective ownership which are associated with protection of TK, as well as the needs and expectations of the holders of TK, in order...

...Catherine Katzka The French courts have considered whether a reagent used in a diagnostic assay corresponds to a medicinal product within the meaning of Article 1 of Regulation 1768/92. ² Chiron, which held a patent for recombinant proteins of viruses associated with lymphadenopathy...

... question, which in this case may be: is intra-articular morphine effective in reducing chronic pain from osteoarthritis? From the research question, a hypothesis is generated based on the available evidence. A hypothesis is a statement of belief to explain observed phenomena. The clinician believes...

... a sale of stock or a merger, an accurate definition of trade mark assets is also essential to indicate the trade marks to which various warranties apply. Naming all marks can be difficult. Marks can exist without being registered in the US Patent and Trade mark Office (USPTO). Under US law, a company...

... to be reluctant to assign their copyright, preferring to license it. If an architect is retained without a written agreement or on an agreement which does not expressly address copyright, a licence is implied. It would be difficult to give an agreement between an architect and his client commercial...

...Hidero Niioka A recent example is that of ShorTel, a provider of internet phone systems to SMEs, which had to postpone its IPO because Mitel Networks Corp., also a telecommunication company, filed a lawsuit against it for alleged infringement of four Mitel patents. Another example is Wolfson...

... The law of electrical neutrality states that, in any aqueous solution in equilibrium, the sum of the positive charges always equals the sum of the negative charges. An acid or base is defined as strong if it is fully dissociated at the pH of interest. Strong ion difference (SID) is the amount by which...

... to the alleged infringement. This article seeks to inform the reader of critical issues that should be addressed upon receipt of a cease-and-desist or notice letter, and it provides a legal background through which the issues should be assessed. Almost every patent holder has an incentive to stop infringement...

... which trade marks should pass before being crowned ‘famous’ and thus enjoy wide legal protection. Under well-established, though not uncontested, case law of the Greek courts, and with the blessings of Greek legal theory, a trade mark would be considered as famous if the following conditions...

... designs. This article discusses 12 decisions of Community Design Courts which, in a single dispute, help to establish the meaning of several key expressions in the Regulation. These include that the tests for novelty and ‘individual character’ are separate tests; the test for infringement...

... appellations of origin, which are defined in Article 2(1) as the ‘geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural...

... by the distinctive secondary feature is appreciated for no more than a fleeting moment during the act of purchase. Such is the case of the shape of packet of cigarettes of which the corners have been rounded. ²¹ Regarding word marks, the CFI found no reason to refuse a sign consisting...

...-compliance may be hard to sustain. In this article, each IP-related complaint levelled by the USA is held up to scrutiny, examining it within the context of Chinese law and interpretational guidance. The authors then predict possible grounds upon which future complaints may be lodged. On 10 April 2007...

... as there have been difficulties encountered when seeking to register them. Another important issue that arises relates to the extent to which consumers can link their five senses to a brand, and whether unconventional marks may result in consumer confusion. Practical significance This article attempts...

... in Indonesia has improved over the last few years for a variety of reasons. Key points First, the Asian Crisis resulted in the creation of a Commercial Court, which is a clear improvement over the previously responsible District Courts. Secondly, the increasingly frequent publication of court decisions has...

... through administrative proceedings along with their practical implications. This might possibly involve agreement between the parties, and judicial actions, including both civil and criminal proceedings. The processes by which patent protection is obtained and enforced in China are rarely understood...

... * The author is a barrister and Head of Chambers at 7 New Square Lincoln's Inn, London, which specializes in IP and legal issues involving technical matters. © The Author (2008). Published by Oxford University Press. All rights reserved 2008 Abstract Legal context and Key Points This article systematically...