Search results for

In April this year, Syria issued a new law for the regulation of trade in human medicines. The principal focus of the new law is on the regulation of the trade in and use of substances for the making of medicines and pharmaceutical products through the licensing and control of warehouses. However, the law also contains some important new provisions dealing with counterfeit products.

The Dutch company Formula One Licensing BV filed an application for a trade mark – Formula 1 Russian Grand Prix. The examiner of the Patent Office refused registration in classes 09, 16, 18, 25, 28, 38, 41 arguing that the claimed designation was confusingly similar to a number of trade marks (no 217978 and others) which include word elements Grand Prix for homogeneous goods and services in classes 09, 16, 18, 25, 28, 38, 41 and with a combined trade mark no 361073 which includes word elements Grand Prix de Russie in classes 09, 16, 18, 25, 28, 38, 41 for homogeneous goods and services in classes 16, 25, 28, 41. The examiner also argued that since the claimed designation included the word Russian it could mislead the consumers with regard to the provider of the goods and services because the applicant was a foreign person.

On May 9 2010, Law 66/2010 for the modification and completion of Law 84/1998 regarding trade marks and geographical indications (Law 66/2010 or the Law) entered into force. The Law brings major changes to the trade mark registration and protection system in Romania. Thus, certain steps have been excluded from the registration procedure, while others have been simplified. Also, the period of time for the examination and registration of a trade mark, as well as for challenging the decisions issued in this respect, have been shortened.

On August 30 2004, the Polish Patent Office (PPO) registered a word-figurative trade mark Ravago (R-154724) in the name of Walter Breitengraser. A Polish company Resinex Sp z o o filed a request for the cancellation of the right of protection. It argued that Breitengraser, by applying for the registration, violated not only Resinex's personal and economic rights – arising from the rights to the name Ravago – but also good morals. In addition, Resinex claimed that the application for the trade mark in question was filed in bad faith because Breitengraser was a president of the company acting as an agent for Resinex.

Norway is part of the European Economic Area but not part of the EU, hence EU designs do not offer protection in the Norwegian territory. Up until now, the only possibility for protection of designs in Norway has been through national filings.

A new law regulating the marketing of textile, leather and footwear goods – known as the Reguzzoni-Versace Law – was published in the Official Gazette on April 21 2010 and will enter into force on October 1 2010. This new provision creates a system of obligatory labelling for goods in the textile, leather and footwear sectors.

On March 23 2010, the president of the Philippines signed into law Republic Act No 10055 known as the Philippine Technology Transfer Act of 2009. Published on April 23 2010, this law takes effect after 15 days. It provides the framework and support system for the ownership, management, use and commercialisation of intellectual property generated from government funded researches. This law was the brainchild of Estrella Alabastro of the Department of Science and Technology (DOST) and was inspired by the Bayh-Dole Act of the USA. She stated in the DOST Digest: "For the longest time, we rely mostly on breakthroughs from the outside, while our local technologies generated through public funds remain untapped or archived in laboratories around the country. Hence, this is a significant break for us to roll this out to the market and be availed of by the public." Some of the salient points of this law are:

In the recent case Mundipharma v Sandoz (Court of The Hague, April 7 2010) the Dutch court of first instance decided that Mundipharma's patent (number EP 0 722 730) was valid and that Sandoz did infringe the claims as granted.

In the global endeavour to afford protection to geographical indications (GIs), Malaysia has been an active crusader. There are a large number of GIs particular to Malaysia such as Sarawak Pepper, Sabah Tea, Borneo Virgin Coconut Oil and Kelantan Budu (anchovy sauce), to name a few. In 2000, the Malaysian government enacted the Geographical Indications Act, under which registered GIs were given territorial protection for 10 years from the date of filing (renewable every 10 years as long as they are in use). Although registration is not compulsory, it is actively encouraged to protect the interests of producers and consumers. Non-registration does not put the GI in the public domain (available for use by all and sundry) though, of course, in a dispute the court would be inclined to adjudicate on the tort of passing-off in the extended form rather than in the classic form.

The revised Korean Trade Mark Act (KTA) will come into effect from July 27 2010. The main contents of the revision are: