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The Philippines: IPO Offices improves enforcement actions

On September 21 2013, the Intellectual Property Office of the Philippines (IPOPHL) published its Rules and Regulations on its enforcement functions and visitorial powers granted by Republic Act 10372, which amends the IP Code. These rules, which enhance the enforcement of IP rights in the country, took effect on October 7 2013 and provide the following.

Managing IP Correspondent, October 23 2013
New Zealand: Strong protection given to foreign trade marks

In a recent case an Australian franchisor of drive-through coffee outlets operating under the trade mark Muzz Buzz was able to stop a New Zealand operator trading under the name Jitta Buzz. Although the defendant was active in New Zealand well before the plaintiff, the court considered it had copied the business model and overall presentation from the plaintiff's Australian operation. The defendant's behaviour in this respect appeared to be sufficient to sway the court despite the strength of the plaintiff's causes of action being prima facie dubious.

Managing IP Correspondent, October 23 2013
South Korea: Courts will not apply UDRP to domain name cases

In order to expedite the resolution of disputes over the registration and use of an internet domain name, Icann adopted the UDRP system. Under Paragraph 4 of the UDRP, a person who has legitimate interest in or right to a domain name may commence an administrative proceeding against the domain name holder for the cancellation or transfer of the domain name by submitting a complaint to one of the administrative-dispute-resolution service providers approved by Icann, which includes the WIPO Arbitration and Mediation Center.

Managing IP Correspondent, October 23 2013
Belgium: Language difference swings Golden Balls case

A recent decision (T-437/11 of September 16) by the General Court allowed Golden Balls to use his registration "Golden Balls", despite a long legal battle with Intra-Press, the owners of the "Ballon d'Or" trade mark.

Managing IP Correspondent, October 23 2013
India: “Serious” comparative advertising not permitted

The Calcutta High Court settled a long-standing dispute between Hindustan Unilever and Reckitt Benckiser on comparative advertisements for their products on September 23. The pertinent issue was whether the advertisements made by both parties fell foul of sections 29 and 30 of the Trademarks Act, 1999.

Managing IP Correspondent, October 23 2013
Malaysia: Patent grace period provisions should be reviewed

For an invention to be patentable, the invention must be novel and inventive. However, some countries provide grace periods so that disclosure of the invention within a specified period of time prior to the date of filing, subject to certain terms and conditions, is not regarded as destroying the novelty of the invention. In Malaysia, the grace period provisions can be found in section 14(3) of its Patents Act 1983.

Managing IP Correspondent, October 23 2013

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