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  • The issue of whether a mark is descriptive or merely suggestive of the goods sought to be protected has always been a difficult area in Thailand. Though not many precedents are available, it was recently addressed by the Supreme Court in Liebherr-International v Department of Intellectual Property.
  • Following the big damages award to Apple by a California jury, under what circumstances is it worth requesting a jury rather than a judge?
  • Brands expanding into China, including a surprising number of basketball players, are finding they need to fight against existing trade mark registrations. Brandy Baker explains how to cancel a mark for non-use
  • Following the Prometheus case in the US, Jason Rutt compares the approaches of nine different patent offices to diagnostics, and finds surprising variety
  • Mexico’s draft copyright bill could be the first to effectively combine the interests of stakeholders in the digital copyright debate, says Luis Schmidt
  • Following the practice of speedy proceedings and decisions in IP cases before the Dutch courts at first instance, the Court of Appeal in The Hague has recently announced that from September 1 2012 they will introduce a shortened procedure as alternative to the normal appeal. One of the prerequisites in such a procedure is that both parties agree to it and stick to its indicated timelines.
  • Passed by Congress on September 16 2011, the Leahy-Smith America Invents Act (AIA) will usher in the biggest amendments to the US patent system in the past 60 years. One change for applicants filing under the Patent Cooperation Treaty (PCT) is scheduled to take effect on September 16 2012.
  • The Chamber of Patent Disputes recently examined a conflict involving a Russian food product and a French name. The conflict was over a trade mark application for the designation Версаль (a well-known Russian translation of the word Versaille) in the name of a Siberian dairy producer in the city of Irkutsk in respect of goods in class 30 ("dressings including mayonnaise"). The applicant for the trade mark is one of the leading producers of dairy products in Russia including mayonnaise under the name of Версаль (Versaille) the production of which started in 2003.
  • Article 84 of the Patent Law provides that a patentee may request destruction or necessary disposal of infringing goods, and raw materials and implements for committing the infringing act, when requesting restraint of infringement.
  • Will Corbett and David Stone present a series of options for protecting a design without disclosing it to competitors
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