Monthly Archive for: ‘September, 2011’
Natco Pharma, an Indian generic pharmaceutical company, has lodged an application with the Indian Patent Office requesting the grant of a compulsory licence to produce a generic version of Bayer’s anti-cancer drug Nexavar. If granted, this would be the first-ever compulsory licence issued by the Indian Patent Office and would set the bar for future applicants.
Brand owners use product placement and sponsorship deals to create positive brand associations in the mind of their target consumers. James Bond can wear their brand of luxury watch or drive their car in a spectacular car chase scene. But what happens when a brand is shown in a context that will draw an undesirable or negative association? In 2011, three examples demonstrate the issues that can be caused when a brand is used or worn in an undesirable context:
The New York Times reported last week that the US Senate has passed a bill to bring about a suite of changes to the American patent system. Known as the America Invents Act, the bill was passed by the Senate 89 votes to 9 without any furtehr amendments by the Senate. President Obama is scheduled to sign this bill into law on Friday, US time.
The US Court of Appeals for the Ninth Circuit has issued an amended opinion, in the latest instalment of the Betty Boop trade mark and copyright infringement saga. This new opinion removes the Court’s controversial findings of no trade mark infringement and remands the trade mark issues to the District Court.
As a reminder, Betty Boop is currently caught up in a legal battle between the family of her creator, Max Fleischer, and a number of companies which license Betty Boop paraphernalia.
Earlier in the year we reported that the Internet Corporation for Assigned Names and Numbers had agreed to allow the creation of a .xxx domain, specifically for the adult entertainment industry. This move has enormous implications for business owners who do not want their business name or trade mark associated with adult content. The good news is that a process has been set up to help you prevent your marks from being used. The bad news is you only have 6 weeks before that process ends.
In 1985 Madonna set the pop music world alight with her song “Material Girl”. The song captured the materialism of the 1980s and is so associated with Madonna that, even 25 years later, she is still referred to around the world as “the Material Girl”.
When entering into licence agreements for TV and other media, few would forget to pay attention to the intellectual property rights of the parties. But it’s important to remember that the IP rights you’re granting, receiving, or retaining are only as good as the contract which embodies them. Therefore, it’s pivotal to understand how the contract works and how it can be brought to an end. A recent Federal Court decision addressed the difficulties of effectively ending a TV broadcasting licence agreement, and provides useful guidance on what to do and what not to do.