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  • April 21 2017, was a milestone in the settlement of IP infringement cases relating to .vn domain names in Vietnam. This was the day the domain name bmw.com.vn was withdrawn by the national domain name management agency, the Vietnam Internet Network Information Center (VNNIC), taking control of the domain away from the registrant by 'flicking a switch' at the registry. It marked the first time under recently passed legislation that VNNIC had withdrawn a domain name at the request of the IP infringement settlement agency, the Inspectorate of the Ministry of Science and Technology (MOST).
  • In European patent opposition practice most opposition cases are based on the ground of a lack of novelty or at least on the lack of an inventive step. The success of these opposition cases strongly depends on the quality of the prior art documents cited by the opponent.
  • International trade mark number 1109244 (filed as a shape mark on the basis of a German registration with proven secondary meaning) was filed in class 30 for "chocolate goods also with fillings" and shows a piece of chocolate in the form of a pyramidal stump having on the top surface impressed a stylised star. The protection for that mark was rejected by the Patent Office and the Appellate Court. So its owner restricted the list of goods by inserting after "goods" the words "in tabular arrangement" and at the end "except pralines". It was found that that shape mark is neither inherently distinctive nor that acquired distinctiveness is proven, although it is marketed in Austria under the trade mark Schogetten packaged as a bar.
  • Michael Loney and Natalie Rahhal analyse five IP decisions issued in Canada, two from the Supreme Court and three from the Federal Court
  • The landscape for IP litigation has improved considerably in Canada. Kevin P Siu and Steven B Garland of Smart & Biggar outline the benefits for global rights owners
  • Clarity is needed on certain aspects of the law regarding patent claim amendment, argues Víctor Garrido of Dumont Bergman Bider & Co, SC
  • Brazil’s new Civil Procedure Code came into force last year. Breno Akherman and André Oliveira of Daniel Legal & IP Strategy analyse its impact on IP litigation so far
  • Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.
  • Trade mark owners need to weigh up various factors when deciding where to bring an infringement action. Sahira Khwaja, Alastair Shaw, Leopold von Gerlach, Ewa Kacperek, Marie-Aimée de Dampierre and Alexis Valot compare procedures and practices in France, Germany, Poland and the United Kingdom
  • Brexit affects IP in many ways. James Nurton and Kingsley Egbuonu identify five areas where urgent action is needed to provide clarity and ensure a smooth transition
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