When Is A Descriptive Mark Not A Descriptive Mark?

This was the issue before the New Zealand Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018).

The matter was an appeal against the decision of the Full Court upholding an opposition in terms of section 10(14) of the Trade Marks Act 194 of 1993 (“the Act”) to the registration of the Appellant’s trade mark applications for the mark PEPPAMATES in the […]

By | April 11th, 2018 ||

India: License Of Rights In Patents

‘License of Rights’ seems a good option for Patentees, who are seeking to license their patents, but do not have resources and time for commercialization of Patents yet want to benefit from their Patents. Although other countries have provision for ‘License of Rights’ in Patents, India does not have this provision in Patent Law.

License of Right Proposal means the patent proprietor can request for making an entry in the Register of Patents maintained by […]

By | April 10th, 2018 ||

Triple Play – Dennemeyer’s Approach To Patent Opposition

The patent opposition system provides a simple and inexpensive mechanism to increase patent quality by providing additional input to the process. These mechanisms also offer an alternative to potentially lengthy and costly judicial proceedings.

The opposition before the European Patent Office (EPO) is a post-grant and administrative procedure intended to allow any European patent to be opposed. Anyone may argue a European patent within nine months from the publication of the grant. As specified in […]

By | April 2nd, 2018 ||