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Opposition proceedings were introduced into Canada's trade mark legislation just over 50 years ago. While the opposition process functioned relatively well for the first few decades, such has not been the case recently. Gary Partington and Coleen Morrison of Marks & Clerk examine what changes lie ahead

A number of pivotal copyright decisions were handed down last year, establishing precedent-setting rules for rights owners in Canada, says Brian W Gray of McCarthy Tétrault

Knowing what can be protected under trade mark legislation is key to devising a strategy to protect your company's name and product. Kamleh Nicola, Andrea Kokonis and Lisa Allegro of Torys explain the rules for prospective applicants

In an age of increasing globalization, Canada's courts have crafted a copyright jurisprudence that brings the country closer to the US in particular says Robert Howell of the University of Victoria

Pascale Chapdelaine, manager of the IP team at one of Canada's largest companies, BCE, explains her role in the company to Sam Mamudi

Emma Barraclough, Hong Kong

The Singapore High Court recently clarified the legal position concerning shape marks.

The Supreme Court of the Philippines decided 5 intellectual property cases in 2005. In the case of NBI-Microsoft et al v Judy C Hwang et al (GR No 147043, June 21 2005), Microsoft filed a complaint for copyright infringement and unfair competition. The courts issued search warrants by virtue of which several pieces of computer-related hardware, software and accessories were seized. During the preliminary investigation, the Department of Justice (DOJ) dismissed the complaint for lack of evidence and lack of interest in prosecuting. The respondents' defence was that in filing the complaint, Microsoft's real intention was to collect unpaid royalties (some of the respondents were former Microsoft licensees). On appeal, the Supreme Court set aside the resolutions of the DOJ and ruled that the scope of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by the Copyright Law.

The Emergency Ordinance No 100/2005 on the protection of industrial property rights has been passed in Romania, implementing the provisions of Directive 2004/48/EEC (of April 29 2004), regarding the observance of intellectual property rights.

After a four year battle with a number of New Zealand clothing companies (the opponents), the New Zealand Rugby Football Union (NZRFU) has failed in its attempt to register what it described as a "three dimensional shape being a black rugby jersey, or casual shirt made in the style of a rugby jersey, bearing a fern with a white collar" (see diagram).